National Collegiate Athletic Assn. v. Smith, 525 U.S. 459, 7 (1999)

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Cite as: 525 U. S. 459 (1999)

Opinion of the Court

versity of Pittsburgh as defendants, see Amended Complaint

¶ 63, Joint App. 97, and to allege that the NCAA "receives federal financial assistance through another recipient and operates an educational program or activity which receives or benefits from such assistance," id., ¶ 65, Joint App. 98. The District Court denied the motion "as moot, the court having granted [the NCAA's] motion to dismiss." App. to Pet. for Cert. 36a.

The Court of Appeals for the Third Circuit reversed the District Court's refusal to grant leave to amend the complaint. 139 F. 3d 180, 190 (1998). The Third Circuit agreed with the District Court that Smith's original complaint failed to state a Title IX claim. Id., at 189. But Smith's proposed amended complaint, the Court of Appeals said, "plainly alleges that the NCAA receives dues from member institutions, which receive federal funds." Id., at 190. That allegation, the Third Circuit held, "would be sufficient to bring the NCAA within the scope of Title IX as a recipient of federal funds and would survive a motion to dismiss." Ibid. Under the Third Circuit's ruling, all Smith would need to prove on remand to proceed is that the NCAA receives members' dues, a fact not in dispute.

The NCAA petitioned for this Court's review, alleging that the Court of Appeals' decision conflicted with Department of Transp. v. Paralyzed Veterans of America, 477 U. S. 597 (1986). Pet. for Cert. 7-15. We granted certiorari, 524 U. S. 982 (1998), to decide whether a private organization that does not receive federal financial assistance is subject to Title IX because it receives payments from entities that do.

II

Section 901(a) of Title IX of the Education Amendments of 1972, 20 U. S. C. § 1681(a), provides that "[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity

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