I. COLLEGE and OLYMPIC SPORTS
OLYMPIC AND INTERNATIONAL SPORTS RULES AND PROCEDURES
A. OLYMPIC MOVEMENT:
Not having the opportunity to participate in the Olympics, does not enjoy constitutional protection.
i. The goal of the Olympic movement is to contribute to building a peaceful and better world by educating youth through sport practiced without discrimination of any kind and in Olympic spirit, which requires mutual understanding with a spirit, solidarity, and fair play.
ii. 1994 the amateurism concept of the Olympic was modified to permit international federations to decide whether professional athletes are eligible to compete.
iii. DeFrantz v. USOC: No private cause of action under the ASA to enforce a right to compete in the Olympics in the face of a ruling by the USOC not to compete.
à OLYMPIC MOVEMENT GOVERNING BODIES; INTERNATIONAL AND DOMESTIC ORGANIZATIONAL STRUCTURE
International Olympic Committee (IOC): International Committee. A non-profit, non governmental organizational formed and operating in Lausanne, Switzerland under Swiss law.
àpossess the right to and govern’s the operations of the Olympics and is the “final authority on all questions concerning the Olympic games and the Olympic Movement.
à recognizes 2 governing bodies which plays a prominent role in the Olympic Movement.
1. International Sports Federations (IFs): administer Olympic programs for a particular sport, conduct international competitions, and define eligibility and technical rules for international competition.
2. National Olympic Committee (NOC): For each country there is a NOC. NOC is the sole authorities responsible for the representation of their respective countries at the Olympic as well at other events held under the patronage of the IOC.
i. NOC’s recognize separate national governing bodies (NGB) within their countries responsible for each Olympic sport and the selection of athletes.
The national representative of the United States to the IOC is the United States Olympic Committee (USOC), chartered by Congress under the Amateur Sport Act of 1978, to act as the exclusive governing body for U.S. participation in the Olympics and Pan-American games.
àUSOC recognizes amateur sports organization to act as the NGB’s for each sport. In 1998, the Act was amended and renamed as Ted Stevens Olympics and Amateur Sport Act.
c. Amateur Sport Act: established to coordinate amateur athletic activity; to recognize certain rights that belong to amateur athletes; and to provide for the resolution of disputes involving NGBs.
Olympic athletes are subject to the rules, standards, and procedures of IOC and respective IF, NOC, and NGB. These entities and over 80 countries have adopted the World Anti-Doping Code (WADA Code) administered by the World Anti-Doping Agency, increasingly prominent in the fight against doping in sport internationally.
Amateur Sport Act: charges the USOC “to establish and maintain provisions for the swift and equitable resolution of disputes” involving athletes and its members organizations, yet precludes a court from granting injunctive relief within 21 days of the start of an Olympic event.
à Act requires that the USOC hire an ombudsman to provide independent advise to athletes at no cost, about applicable laws and procedures.
àAct authorized an aggrieved party to appeal an NDB or USOC determination to the American Arbitration Association (AAA) for a binding determination.
Court of Arbitration (CAS): for sports, an international arbitration tribunal based in Switzerland and operating under Swizz law, to adjudicate sports-related disputes win accordance with the code of sport-related arbitration.
Pyramid with a hierarchy
IOC—International Committee
~National Olympic Committee (NOC) are responsible for reporting to the IOC
This is considered to be a private organization and therefore no government regulation.
Each country has a NGB that governs each sport and reports to the IF
a. These groups hold the Olympic trials and report to the NOC
b. In the US the NOC is the USOC and they decide what organization will be the NGC for each sport. There is an application, screening, and compliance process before an organization can be granted this status.
à each sport that participates in the Olympics or want to participate has an IF who establishes the rules of competition and determines the details for participation.
i. Ex: International Federation of Track
World Anti-Doping Agency (WADA) was established by the IOC and reports to them. They regulate doping and seek to control.
ii. Each country is encouraged to have a National Anti-Doping Association (NADA). They also report to the NOC.
OLYMPIC CHARTER: The constitution of the Olympic Movement. Each federation has its own rule, the structure of body, and who is eligible. Each federation is also in charge of its doping rules.
àNGB can’t be inconsistent with IF and IF can’t be inconsistent with Olympic Charter.
a. NBG and IF can make their own rules but can never do something that is against what’s above them.
à The charter is recognizes as a binding international agreement.
IF Bylaws
a. NGB bylaws
NOC Bylaws
WADA Bylaws
a. NADA Bylaws
àNote that this is theotetically viewed as one big contract it is private. However, sometimes mandatory law will come into play and effect what the national sporting entities can do.
I. The nation is concerned and interested in what their sporting activities are up to.
a. What type of limits would this present?
Seem like you can put tighter restrictions on your nation’s athletes but not broader freedoms that are outside the realm of the Olympic Charter.
E.X. ADA
II. So if the Olympic Committee makes a law stating that all athletes that have been suspended for more than 6 months in their career cannot participate in the Olympic… how would you fight this?
Not through the courts in national law because the IOC is private, rather you would go the dispute resolution system set up within the hierarchy of the Olympic movement.
i. But is there a right to compete?
Do the Olympic movement and the Olympic charter apply to professional athletes participating in the Olympics?
i. If they were to test positive for doping and are suspended, the suspension is only for Olympic play and does not affect the professional status.
DOPING RULES
à World Anti-Doping Code: Drafted by the IOC with consultation by federation from the national Olympic committees. Decides what should be banned, athletes rights, etc. In order to participate in the games all nations had to become part of this world anti-doping code. FIFA was the last to adopt the code (they weren’t worried about the games because they had the world cup).
à USADA process for testing and convicting an athlete for doping:
I. A positive test: if you are a national or international athlete the USADA has the right to know where you are at every moment of your life. This make out of competition testing very common.
II. Document: Sample divided into A and B sample. A sample is tested and if it is positive, the athlete is given documents to either plead guilty or have the B sample tested.
a. If they have the B sample tested, they can have the case heard by the AAA-CAS with 3 arbitrators. If the Athlete loses that arbitration, they can appeal to the sports arbitration.
b. Note you an also go directly to CAS arbitration and skip through the AAA-CAS.
III. Review Board: Board reviews the information and test results to make a decision.
IV. USADA Decision: The USADA meets to make the proper sanction under the world anti doping code (WADC).
Can you clarify the USADA process for testing and sanctions?
1. Participation in national sports consents you to drug testing
2. Go to the division of samples
3. B sample- accept or contest and go to arbitration
CASE
Reynolds v. International Amateur Athlete Federation:
The International Amateur Athletic Federation (IAAF) is an unincorporated associa
ts: Often countries will boycott the Olympics to make a political gain. Boycotts are clearly illegal when their purpose is to induce conflict or to engage in measure of coercion that would violate the United Nations Charter. It is also illegal when their -purpose to confirm diplomatic non-recognition in violation of governing international rules.
CASES
In Defrantz v. United States: Athletes argued that the USOC’s boycott of the 1980 Olympic in Moscow for political reason’s violated their constitutional and statutory rights to compete. The Court’s response, in dismissing the lawsuit, stated that “many of life’s disappointments, even major ones (like not having the opportunity to participate in the Olympics, do not enjoy constitutional protection. This is one such instance.
B. ATHLETE’S RIGHTS:
Student-athletes shall be amateurs in an intercolligate sport, and their participation should be motivated primarily by education and by the physical, mental and social benefits to be derived. Student participation in intercollegiate athletics is an avocation, and student- athletes should be protected from exploitation by professional and commercial enterprises.
-They pay to play
Amateur: is one who engages in athletic competition as an “avocation” as distinguished from a “vocation.”
Rights Arising From the Athletic Scholarship
Athletic scholarships are awarded to both men and women at the collegiate level in wide a variety of sports. There are also
A. Right to compete: HS; College; Olympics; Professional = Not a constitutionally granted right; in a very broad sense they are privileges (contractual).
B. scholarship rules
a. max # per sport: only cover tuition, fees, room and brd; any benefit beyond this can render athlete ineligible; Are college athletes on a full ride professionals?
b. Eligibility
i. allowed 4 seasons of competition, must be completed w/in 5 years
ii. freshman eligibility: must meet certain requirements
iii. can be professional in one sport and not another and still have eligibility
c. Recruiting
i. Heavily regulated: who can contact, how often can contact; what materials can be sent
ii. High school athlete allowed 5 paid recruitment visits, can’t receive any additional benefit
d. Practice limits
i. vary depending on whether in/out of season
e. Doping control
i. Schools responsible for making sure football & baseball players available for testing
f. NCAA is legally considered to be a private organization, no gov’t reg
1. THE NCAA: Background of NCAA (3 divisions)
a. Basic governing structure of NCAA divided into 3 (really 4 subgroups)
i. Div I (divided for football reasons)
o Div Ia – big football schools
o Div Iaa – small football schools