Amateurism
*Amateur status:
1) NCAA Definition of “athlete” as one who engages in a particular sport for the educational, physical, mental & social benefits derived from and to whom participation in sport is an AVOCATION (not a vocation)
-don’t have to share revenue w/athletes who are amateurs
2) 2 planes of amateurism
a. pure=little league to weekend warrior
b. spurious=big time college athletes; generate substantial revenues, subject to rules and eligibility requirements in order to play
3) International Olympic Committee definition: amateur is one who participated in sports as an avocation & who did not receive remuneration for her efforts
-pros can participate in the Olympics if his/her federation allows
NOTE: Some athletes may be professionals in one sport but amateurs in another
-lost when an athlete retains an agent or declares himself eligible for a draft but can be reinstated if not selected.
Chapter 1: Legal Relationships in Amateur Sports
A. Athlete’s Rights Generally
Collegiate Regulatory Bodies:
-NCAA, NAIA, NJCAA
Regulate details of scholarships
Scholarships:
Ex: NCAA DI full scholarship = max. tuition, room & board, fees & books
-extra benefit=anything athlete gets that regular student wouldn’t, or anything above what NCAA allows
-amateur clearinghouse=have to be certified as amateur…now have to be academically eligible and an amateur to compete w/in NCAA
-when pro?
-when athlete signs w/agent
-in pro competition, can accept travel comp but not prize money
NCAA: Amateur or Professional?
1. NCAA
*voluntary association
*Regulates:
-athletic competition among its members
-sets eligibility rules
-establishes restrictions & guidelines for recruitment of prospective student athletes
-conducts several dozen championship events in the sports sanctioned by the association
-enters into TV & promotional K relating to these championship events
-enters into agreements to license the NCAA name & logos
2. NCAA Structure
*DI (powerhouses, lots of revenues), DII (not the revenue of DI), DIII
DI-A (more advantageous), DI-AA for purposes of regulating football
*Governing Structure:
-3 Federations
-20 Member Executive Committee for day-to-day operations
-Exec Committee: institutional chief executive officers who ensures that each division operates with the purposes, principles, policies of the associtation
Executive Committee
/
Board Presidents
/
Management Council ~ Specialized commodities…where most of the power is located
/
Elibigiliby and compensation
3. Jurisdiction & Responsibilities of the NCAA
*2 core concepts:
1) amateurism
-set out definitions of amateur and specific prohibitions on the acceptance of extra benefits (pay=beyond obvious stipend)
2) importance of education
-focus on admission, academic standing, &
academic progress shall be consistent with policy
-bylaws: specific thresholds for scores on standardized
tests & completion of core classes from high school
*Pay = items beyond salary or stipend, benefits to parents or relatives are a
violation
-professional staff administers the rules and regulations
-membership services oversees the bulk of administration
-enforcement department handles investigations and prosecution of rules violations
*Restrictions:
-promotional activities, employment for full scholarship athletes
*Eligibility:
-thresholds for standardized test scores and satisfactory completion of a min. number of core classes in high school
-“satisfactory progress toward a degree,” examine min. GPA &
min units completed
-usually 4 years within a 5 year period
*Restrictions on Recruitment:
-Regulations limit:
# of visits made by coaches to athletes,
# of visits made by athletes to campuses,
# & types of contacts made by coaches,
No texting as of Aug.1, 2007
Times of year the contacts are made
JULY 1st, after Junior Year
You can mail, but nothing with color
Mail, email, unlimited
1 call/week to athlete
No alumni or booster contact
Up to 5 paid visits, only 48 hours long
-Restrictions at school once athlete is on campus:
1) # of hours of practice = 20 hrs. a week in season
Form is filed every week w/ team practice times
If an athlete practices separately, listed sep too
8 hours out of season
Dedicated primarily to conditioning
Summer: can’t make athlete report the intensity of workouts
2) Times of year for competition
3) # of contests
-NCAA Bylaws Require:
1) each institution control its program in a manner consistent w/ rules & regs of assn.
2) CEO of institution is ultimately responsible for maintaining this control
MOST SERIOUS VIOLATION THAT THE UNIVERSITY CAN COMMIT IS “FAILURE TO MAINTAIN INSTITUIONAL CONTROL”
1. Rights Arising From The Athletic Scholarship
-Taylor v. Wake Forest U.
F: Taylor got a scholarship to Wake for fb, didn’t have good grades but got them Up, then he decided not to continue playing and the school charged him for 2 yrs.
Tuition—
Body outside AD has to make decision to revoke scholarship and there has to be a hearing
Scholarship K was for 4 years (now, it’s one year)…can’t make a promise that it will be longer than one year, school benefits from this
He’s not an employee because of workman’s comp (get’s injured, entitled to health insurance), would be entitled to vaca time, etc
CASE DISMISSED, Summary Judgment for the School, no issue here
R: Scholarship a K, and athlete had a duty to uphold the scholastic and physical requirements of the scholarship guidelines, Taylor could NOT unilaterally decide
list and talk about them, both from school and outside the school. Performance=more money,stuff, academic incent, performance incent…
-acceptable in academic setting?
-forces coaches to win
-makes coaches more valuable than players -termination clauses
-buy out:give money to university in order to buy them out of their K
-negotiate well over what is considered cause for termination
-subjective areas negotiate :how much to give tto Univ. and AD in decided if there has been conduct appropriate for termination
-hearing to determine whether there is just cause for termination
-reasons you can’t terminate ever:
-gender, race, age,disability, ethnicity, reason prohibited by law
Things to consider in K negotiations:
1) length
-time to prove oneself
-depends on whether the specific coach is in his career
2) compensation
-incentives
3) duties
-make sure that you are not being overburdened
-limit to recruiting and coaching
4) reassignment
-“I am here just as a basketball coach”
5) damages
-buy out from K
6) reasons for being fired
-for cause
-most will reference the NCAA rules
-faculty handbook
-process
7) outside income
-all other sources of income
8) supervision over assistants
-want the ability to decide who is hired
-what do you worry about with assistants
9) fringe benefits
-university provided or from outside
Chapter 2: Amateur Sports Associations: Rules, Procedures, Eligibility & Others Issues
-Gov. v. Private Entity
1) Courts review the rules that are adopted by those responsible for the conduct of athletic competition depending upon whether the regulatory entity is categorized as government or private
2) Regulators are the individuals, organizations, and institutions responsible for the conduct of the athletic competition
3) The government is constrained by the constitution
-When gov. rules are challenged, the basic principles applicable usually involve equal protection and due process
4) Private actor is not constrained by the Const.
-When Private entities are challenged, basic principles that apply emanate not from the constitution but from the rather amorphous body of private assn. law
-Threshold Constitutional Issues:
1) A person who alleges a denial of constitutionally protected rights must at the outset demonstrate that
