DERDEYN v. UNIVERSITY OF COLORADO

No. 89CA2044.

832 P.2d 1031 (1991)

David DERDEYN, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. UNIVERSITY OF COLORADO, BOULDER, through its Board, The REGENTS OF The UNIVERSITY OF COLORADO, a body corporate; Gordon Gee, as President of the University of Colorado, Boulder, and; William Marolt as Athletic Director, Department of Intercollegiate Athletics, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 16, 1992.

Certiorari Granted July 13, 1992.


Attorney(s) appearing for the Case

Norton Frickey & Associates, Judd Golden, Lakewood, American Civil Liberties Union, David Miller, Denver, for plaintiffs-appellees.

Richard A. Tharp, Office of University Counsel, Beverly Fulton, Sp. Asst. Atty. Gen., Cooper and Kelley, P.C., Thomas B. Kelley, John R. Mann, Denver, Robert F. Nagel, University of Colorado School of Law, Boulder, for defendants-appellants.


Opinion by Judge PLANK.

This appeal concerns the constitutionality of the drug testing program for intercollegiate athletics at the University of Colorado (the University). Defendants, the University, its Board of Regents, its president, and its athletic director, appeal the judgment entered in favor of the class of student athlete plaintiffs which declared the testing program unconstitutional. We affirm in part and reverse in part.

In the 1984-85 academic...

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