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Towson U. lineman seeks rehearing in 4th Circuit
//November 30, 2015
Lawyers for Towson University football player Gavin Class have asked a federal appellate court to rehear its recent decision finding he was lawfully barred by the school from returning to the field after suffering a near-fatal heatstroke.
A 4th U.S. Circuit Court of Appeals panel ruled 2-1 on Nov. 13 that Towson made a reasonable, medically backed decision that permitting Class back on the gridiron presented too great a risk to his health that did not violate the Americans with Disabilities Act or the Rehabilitation Act. Class’s lawyers, in seeking a review by another three-judge panel or all 15 judges on the circuit, argued Monday in part the school’s decision was subjective rather than objective as required by federal law.
The 4th Circuit’s decision overturned U.S. District Judge Richard D. Bennett’s ruling in July that the federal laws banning discrimination against the disabled prevented Towson from prohibiting Class from playing football.
The appellate court in July granted granted Towson’s request for a stay of judgment pending appeal. Oral arguments were heard in September.
Class, an offensive lineman, collapsed on the field during practice on Aug. 12, 2013 in 91-degree weather. He required a liver transplant but has since been cleared by his doctors to play football with accommodations, including monitoring his core body temperature during practices.
The 4th Circuit case is Gavin Class v. Towson University, No. 15-1811.
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