488 U.S. 179 (1988)
In 1973 Jerry Tarkanian became head basketball coach at the University of Nevada, Las Vegas.1 Four years later the team posted a 29-3 record and finished third in the NCAA championship tournament.2
In September 1977 UNLV notified Tarkanian that it would suspend him from all relations with the intercollegiate athletic program.3 The impetus was Confidential Report No. 123(47) issued by the NCAA Committee on Infractions, which found 38 violations of NCAA rules by UNLV personnel, ten of them involving Tarkanian.4 The NCAA placed the basketball program on two-year probation and directed UNLV to show cause why additional penalties should not follow unless the university severed all ties with Tarkanian during the probation.5
Tarkanian sued UNLV in Nevada state court, alleging that the threatened suspension deprived him of property and liberty without due process.6 After the Nevada Supreme Court held that the NCAA was a necessary party, Tarkanian filed an amended complaint naming the NCAA as a defendant.7 Following a two-week bench trial the state trial court found that the NCAA's conduct constituted state action, ruled that its decision was arbitrary and capricious, and entered an injunction barring both UNLV and the NCAA from enforcing the sanctions.8
The Nevada Supreme Court affirmed the injunction as it applied to Tarkanian, reduced the attorney's-fee award, and expressly held that the NCAA had engaged in state action.9 The United States Supreme Court granted certiorari to review that state-action determination.10
Whether the NCAA engaged in state action when it conducted its investigation and recommended that Tarkanian be disciplined?11
The Due Process Clause of the Fourteenth Amendment protects individuals only from state action, not from private conduct, no matter how unfair.12 42 U.S.C. § 1983 provides a remedy for deprivations of federal rights under color of state law.13 State action exists when the conduct allegedly causing the deprivation of a federal right can be fairly attributable to the State.14
No. UNLV is a state-funded institution whose executives act under color of state law.15 The NCAA is an unincorporated association of approximately 960 members located across many states.16 UNLV participated in promulgating the NCAA's rules only as one member among many.17 The source of the NCAA's legislation is therefore the collective membership rather than the State of Nevada.18
UNLV retained the authority to withdraw from the NCAA and establish its own standards.19 The NCAA enjoyed no governmental powers to facilitate its investigation.20 It had no power to subpoena witnesses or directly discipline Tarkanian.21 Although UNLV ultimately suspended Tarkanian in compliance with the NCAA's recommendations, the NCAA and UNLV acted as adversaries during the investigation rather than as joint participants.22
The NCAA cannot be regarded as an agent of UNLV.23
The NCAA did not engage in state action when it conducted its investigation and recommended that Tarkanian be disciplined.24
Related opinions on this issue
Joined by Justices Brennan, Marshall, And O'connor
Justice White dissented on the ground that the NCAA acted jointly with UNLV in suspending Tarkanian.25 UNLV contractually agreed to administer its athletic program in accordance with NCAA legislation.26 The NCAA conducted the hearings whose findings UNLV accepted as binding.27
On these facts the NCAA was jointly engaged with UNLV officials in the challenged action.28 Justice White rejected the majority's objections to finding state action.29 The lack of direct power over Tarkanian was irrelevant because the same was true in prior joint-action cases.30
UNLV's option to withdraw from the NCAA did not negate the agreement.31 The adversarial posture during the proceedings did not undercut the underlying agreement to be bound by the NCAA's findings.32