Athletics Dominance of Universities
Historically, athletics were an extra-curricular activity undertaken as an avocation while students pursued a university degree 40 Over time, public interest in intercollegiate sports competitions have grown,
(Oct 27, 2016, 9:28 AM), https://www.usatoday.com/story/sports/ncaaf/2016/10 /26/college-football-coach-salary-database-buyouts-kirk-ferentz-iowa-charlie- strong-texas/92417648/ [https://perma.cc/U3FU-VHRF]; Stephanie Riegel,
Buyout of Les Miles’ Contract to Cost $9M-Plus Over Six Years, G REATER B ATON
In a notable case, Les Miles faced a substantial buyout of $12.9 million despite achieving a 70% winning percentage, highlighting the financial implications of coaching contracts in sports This situation reflects a broader trend in the industry where high-profile coaches often command significant buyouts, impacting team budgets and decision-making processes For more details, refer to the report from Business Report dated September 26, 2016.
39 Jeff Clement, How Live Sports are Saving Cable TV (and Why Advertisers
Live sports are playing a crucial role in sustaining cable networks, making them a focal point for advertisers As viewership for traditional programming declines, the unique appeal of live sports attracts audiences, providing a valuable opportunity for brands to engage with consumers This dynamic could either revitalize the television industry or pose significant challenges, depending on how networks and advertisers adapt to changing viewer habits Understanding the impact of live sports on cable networks is essential for advertisers looking to maximize their reach and effectiveness in a shifting media landscape.
2013), https://www.theatlantic.com/business/archive/2013/07/sports-could-save- the-tv-business-or-destroy-it/277808/ [https://perma.cc/3LTM-E3MU]
40 D Siegel, The Union of Athletics With Educational Institutions, C LARK
College athletics were historically viewed as peripheral and extracurricular activities, particularly in sports like football and men's basketball However, over the past four decades, there has been exponential growth in college sports Despite this commercialization, which in some cases rivals that of professional sports, the NCAA has remained committed to its vision of amateurism.
College athletes receive significant revenue and enhanced meal benefits, along with coverage for the cost of attendance However, these financial advantages are claimed to align with the NCAA's amateurism ideal, as they are categorized as "education-related."
The Platform of “Education”
The NCAA defines student-athletes as integral to the higher education experience, emphasizing that college sports should enhance, rather than detract from, academic pursuits Its primary focus is not on generating financial gains for institutions, but on offering student-athletes the chance to engage in sports as a vital component of their education By safeguarding the amateur status of student-athletes, the NCAA helps protect universities from potential conflicts related to commercialization in college sports.
41 See generally R ONALD S MITH , S PORTS AND F REEDOM : T HE R ISE OF B IG -
T IME C OLLEGE A THLETICS (1988); John Henderson, College Game Has Never Been
More Popular, D ENVER P OST (Sept 3, 2007, 4:27 PM), http://www.denverpost.com /2007/09/03/college-game-has-never-been-more-popular/ [https://perma.cc/ 7D9M- HQ2G]
43 Ben Cohen, Big-Time College Athletes Ask, ‘Who’s the Amateur?’, W ALL
S T J (Oct 29, 2011), http://www.wsj.com/articles/SB10001424052970203554
104577003912924175878 [https://perma.cc/79RE-MFVU]
44 See Nw Univ and Coll Athletes Players Ass’n, 2014–2015 N.L.R.B Dec ả (CCH) 15781, at *1 (Mar 26, 2014), dismissed on other grounds, 362 N.L.R.B
No 167 (2015); O’Bannon v NCAA, 802 F.3d 1049 (9th Cir 2015)
In the context of NCAA regulation and its approach to amateurism, scholars like Daniel E Lazaroff and Matthew J Mitten argue for a reevaluation of traditional ideals Lazaroff examines whether the NCAA is a defender of amateurism or a regressive entity in terms of antitrust issues, while Mitten advocates for a shift from outdated 19th and 20th-century concepts of amateurism to address the economic realities of modern college athletics Their works highlight the necessity for the NCAA to adapt its regulations to align with contemporary economic conditions in the 21st century.
R EV 1 (2000); Horace Mitchell, Students Are Not Professional Athletes, U.S.
N EWS (Jan 6, 2014, 8:00 AM), http://www.usnews.com/opinion/articles /2014/01/06/ncaa-athletes-should-not-be-paid [https://perma.cc/6H4M-CNGR]
The NCAA Manual emphasizes that student-athletes must maintain amateur status in intercollegiate sports, with their involvement driven mainly by educational pursuits and the various physical, mental, and social benefits gained It highlights that participation in athletics is a secondary interest for students, and safeguards should be in place to prevent their exploitation by professional commercial entities.
See NCAA 2016-2017 D IVISION I M ANUAL , supra note 26, art 9 diminishing its core mission: education 47 The NCAA’s rhetoric concerning “education” makes this clear
The NCAA emphasizes that the education gained through intercollegiate sports should not be a stepping stone to a professional athletic career, but rather prepare student-athletes for success in other fields This perspective underpins the NCAA's staunch defense of amateurism, which is fundamentally linked to the educational mission Introducing pay-for-play would undermine this educational focus, transforming the aim of athletic participation from personal development to economic profit.
The NCAA and its member institutions believe that introducing compensation for student-athletes could lead to the commercialization of their participation, which they view as a dangerous precedent Allowing any payment beyond what is necessary for educational success could be detrimental, as even a minor change to the current system could result in significant negative consequences.
Athletics as the Front Porch of the University
Before exploring why the current model has lost its efficacy, at least as currently constituted, it is important to highlight the virtues of robust athletics
48 NCAA Commercial: The Beginning, NCAA TV Sport (2012), https://www
ispot.tv/ad/77fi/ncaa-the-beginning [https://perma.cc/6LF6-K8YJ]
49 See NCAA 2016-2017 D IVISION I M ANUAL , supra note 26, art 9
50 See generally Stanton Wheeler, Rethinking Amateurism and the NCAA,
15 S TAN L & P OL ’ Y R EV 213 (2004); Virginia A Fitt, The NCAA’s Lost Cause and the Legal Ease of Redefining Amateurism, 59 D UKE L.J 555 (2009)
51 See O’Bannon v Nat’l Collegiate Athletic Ass’n, 802 F.3d 1049, 1078–79
(9th Cir 2015) (describing this argument) Judge Bybee explained:
The distinction between providing student-athletes with education-related compensation and offering unrestricted cash payments is significant, representing a fundamental shift in the landscape of college athletics Crossing this threshold eliminates the possibility of reverting to traditional amateurism, as it sets a precedent that may lead to ongoing legal challenges against any imposed limits on compensation Ultimately, this could result in the NCAA relinquishing its amateurism standards, transforming its model from a unique brand of college football to one resembling a minor league system.
A successful athletics program acts as the "front porch" of a university, engaging alumni, corporate sponsors, and fans, and fostering a strong sense of community and passion for the institution This connection is unique and difficult to replicate through non-athletic events, as evidenced by the large crowds that gather for sports rather than academic conferences Moreover, athletic success attracts high-achieving students eager to join the vibrant community surrounding the program The visibility of football and basketball serves as a powerful marketing tool for the university, leading to increased enrollment, enhanced donations to academic departments, and overall institutional benefits Additionally, the positive impact of athletics extends to the surrounding university town, stimulating economic growth linked directly to sports events.
In the article "The Priorities of University Presidents: Where Do College Athletics Fit In?" by Jason Belzer, published on Forbes, the author explores the role of college athletics within the broader priorities of university leadership Belzer highlights the challenges university presidents face in balancing academic integrity with the financial and promotional benefits of athletic programs The discussion emphasizes the need for strategic alignment between athletic initiatives and the educational mission of institutions.
54 Sean Silverthorne, The Flutie Effect: How Athletic Success Boosts College
Research indicates that athletic success significantly influences college applications, impacting both high and low SAT students equally, suggesting effective marketing strategies Notably, a study highlighted by Forbes on April 29, 2013, emphasizes this phenomenon, often referred to as the "Flutie Effect." Similarly, an ESPN article from April 27, 2012, supports these findings, demonstrating that success in basketball can lead to increased enrollment.
56 See D OSH , supra note 22 (explaining the benefits of athletics to the university)
Winning college football teams can significantly influence urban growth, as discussed by Scott Beyer in Forbes Research by Baade, Baumann, and Matheson highlights the economic impact of successful college football programs, suggesting they serve as catalysts for local development.
Impact of College Football Games on Local Economies (Int’l Assoc of Sports
Economics, Working Paper No 07–01, 2007), http://college.holycross.edu
The tangible benefits of athletics programs at large public state universities are significant, especially as state funding decreases and institutions increasingly depend on tuition and alumni donations Successful athletic programs enhance university branding, attracting students nationally and contributing to a surge in enrollment over the past decade Moreover, capital campaigns at these universities continue to thrive, demonstrating resilience even in the aftermath of the Great Recession.
The Costs of the Explosion of Athletics
Enhancing “Education”
In light of the evolving landscape of intercollegiate athletics, university presidents must strategically leverage athletics to benefit their institutions while avoiding excessive prioritization of sports This necessitates a stronger oversight of the NCAA and athletic departments The proposed four-part strategy includes: addressing the escalating arms race in college sports, reducing or eliminating university subsidies for education, mandating an athletic subsidy for education, and reforming the NCAA to ensure a balanced approach that supports academic integrity and institutional goals.
Addressing the Arms Race
The driver for the financial issues in many athletics departments remains the arms race between universities to provide better facilities for
76 See, e.g., Jake New, An ‘Epidemic’ of Academic Fraud, I NSIDE H IGHER
In the past decade, numerous athletic programs have been implicated in academic fraud involving student-athletes, highlighting a concerning trend in higher education Reports indicate that over a dozen programs have engaged in dishonest practices, compromising the integrity of academic standards This ongoing issue raises questions about the accountability of institutions and the support provided to student-athletes in maintaining their academic responsibilities For further details, refer to the article published by Inside Higher Ed on July 8, 2016.
The escalating financial demands of college sports, particularly in football and basketball, have led to significant contracts for coaches, prompting university presidents to seek solutions to curb this trend The competitive landscape among the Power Five conferences has intensified, fueled by the introduction of the college football playoff and the establishment of conference television networks, which have injected substantial capital into the system.
Restricting coaches' salaries in college sports poses challenges due to antitrust laws, particularly the Sherman Act Although college presidents may wish to implement a salary cap or similar limitations, such measures would likely be deemed illegal This was evidenced in the case of Law v NCAA, where the United States Court of Appeals for the Tenth Circuit ruled that the NCAA's restrictions on basketball coaches' earnings violated antitrust regulations.
Administrators might consider an unconventional approach to limit college coaches' salaries by encouraging them to unionize; however, the competitive nature of the free market diminishes the motivation for coaches to pursue unionization If a union-management relationship were established, implementing a salary cap could be negotiated as part of a collective bargaining agreement, thus avoiding antitrust issues.
The belief that college coaches play a crucial role in team success significantly influences the market, as fans perceive every win as vital, making an 8-4 record far more desirable than a 7-5 record This perception justifies the substantial salaries universities pay to coaches Additionally, imposing limits on universities’ facility upgrades proves challenging and difficult to enforce, with antitrust laws likely restricting the NCAA or conferences from imposing significant commercial activity limitations on public universities.
78 Jason Alsher, 5 College Conferences that Bring in Over $250 Million,
C HEAT S HEET (Feb 15, 2017), https://www.cheatsheet.com/sports/the-5-most- valuable-conferences-in-college-sports.html/?a=viewall [https://perma.cc/9ZJ6- QRFV]
79 Law v Nat’l Collegiate Athletic Ass’n, 134 F.3d 1010, 1024 (10th Cir 1998)
The courts have addressed the tension between labor law, which promotes collective action, and antitrust law, which restricts such actions that hinder competition They have established a non-statutory labor exemption to antitrust law that is applicable in specific circumstances, as demonstrated in cases like Mackey v National Football League, 543 F.2d.
606 (8th Cir 1976) Specifically, collectively bargained agreements concerning mandatory subjects of collective bargaining (such as wages, hours, and working conditions) are exempt from antitrust scrutiny 29 U.S.C §§ 151–169 (2017)
To mitigate the escalating arms race among universities, it is essential to limit the financial resources allocated for coaching salaries and facility enhancements The NCAA and conferences can play a crucial role in this effort A substantial portion of revenue, primarily derived from television broadcasts and postseason events, significantly impacts the financial landscape Notably, the NCAA's income is heavily reliant on the March basketball tournament, which reportedly generates over $1 billion annually.
The NCAA plays a crucial role in determining how revenue is distributed among conferences, and by reallocating some of this revenue to academic departments or imposing conditions on its distribution, it could foster a cultural shift from prioritizing financial gains in athletics to supporting the broader university mission Currently, the NCAA enforces academic standards for postseason eligibility through its Academic Progress Rate (APR) system By further directing funds towards academic units or mandating university presidents to do so, the NCAA could help mitigate the escalating competition for resources in athletics and promote a more balanced investment in academic initiatives over athletic facilities.
Conferences have the option to redirect profits from revenue-generating sports to benefit their universities, showcasing their commitment to academic excellence College presidents can allocate funds through their conferences specifically for academic initiatives While the Southeastern Conference (SEC) has initiated efforts with its SEC-U program and the Big Ten has established an annual academic consortium, these initiatives often appear to be more symbolic than substantial, lacking significant financial impact on enhancing academic facilities, faculty compensation, and research programs.
In the fiscal year 2011–2012, a significant 81% of the NCAA's total revenue was generated from its basketball tournament, highlighting the tournament's crucial role in the association's financial ecosystem For more detailed financial insights, visit the NCAA's official resource page on revenue.
The Academic Progress Rate (APR) is a metric that measures the graduation rates of athletes, impacting schools' eligibility for postseason competitions Institutions that fail to meet the required APR thresholds risk losing the chance to participate in these events.
C OLLEGIATE A THLETICS A SS ’ N , http://www.ncaa.org/aboutresources/research /academic-progress-rate-explained [https://perma.cc/4KL8-Y7ZM]
83 For a detailed proposal on how this additional step might work, see William W Berry III, Playoff Profits for Academic Programs, 5 M ISS S PORTS L.
For more information, visit the SEC-U website at https://www.thesecu.com and the Big Ten Academic Alliance at https://www.btaa.org/home, both last accessed on October 2, 2017.
Eliminating University Subsidy of Athletics
Colleges and universities should prioritize the academic programs of their institutions by minimizing, and ideally eliminating, the financial support for athletics through student tuition and fees Instead of using student funds for sports, the focus should be on enhancing educational resources and opportunities.
University leaders often feel trapped in the arms race of college football, where substantial investments are necessary for coaching salaries, facilities, and recruiting This challenge is particularly pronounced for non-Power Five conference schools, especially those located in regions less likely to yield top athletic talent, making it increasingly difficult to meet these financial expectations.
Abandoning a football program may seem like a viable option, but the recent experience of the University of Alabama-Birmingham (UAB) suggests it should be a last resort UAB initially announced it would discontinue its football program due to funding issues, but alumni rallied to pressure the university into reversing this decision, pledging significant fundraising efforts to support the program.
University alumni often have a deep passion for their football programs, which is evident when comparing overall university fundraising to that of athletics While maintaining these programs is crucial for the university, relying on student contributions can compromise the idea of amateurism and the educational focus intended for student-athletes.
When universities permit student tuition and fees to fund football programs, they prioritize athletics over academics, both symbolically and practically, which undermines their primary educational mission.
Despite being discontinued, football at UAB never truly vanished, and the Blazers have successfully made their comeback This resurgence highlights the enduring spirit of the program and its significance within the community The return of UAB football marks a pivotal moment for the university and its supporters, showcasing resilience and dedication to the sport.
89 See, e.g., Brad Wolverton & Sandhya Kambhampati, Colleges Raised 1.2
Billion for in Donations for Sports in 2015, T HE C HRON OF H IGHER E DUC (Jan
Alumni play a crucial role in supporting college athletics, contributing significantly to funding and resources This financial backing underscores that athletic programs are designed not only to enhance sports but also to benefit the university as a whole.
Mandating Athletics Subsidy of Education
University chancellors and presidents should go beyond merely banning the use of student tuition and fees for athletics; they must ensure that athletic programs contribute to the education of student-athletes and support academic programs This is especially crucial at Power Five schools, which generate substantial revenue from college sports To achieve this, institutions should mandate that athletics provide financial support that exceeds the costs of tuition for athletes, thereby fostering a more balanced relationship between sports and education.
Several universities, including the University of Georgia, the University of Florida, and Louisiana State University, have previously implemented subsidies to support educational initiatives Additionally, many conferences are now sponsoring programs that promote research and other academic endeavors.
Athletics revenue is becoming increasingly important for universities, especially as institutions seek to control rising coaches' salaries and facility costs State universities, facing economic pressures from reduced state funding for higher education, can benefit from lucrative athletics revenue generated by television contracts This revenue could serve as a valuable buffer against ongoing budget cuts in the higher education sector.
Athletics programs face significant challenges due to the prevailing incentive to prioritize winning above all else Additionally, universities cannot engage in collective action due to antitrust restrictions, complicating efforts to address these issues collaboratively.
90 See, e.g., Leighton Rowell, Football Revenue Bolsters Academics, R ED &
B LACK (Apr 14, 2016), http://www.redandblack.com/uganews/football-revenue- bolsters-athletics-academics/article_706019cc-01dd-11e6-8b16-0ba043051140 html [https://perma.cc/B5YX-Z938]; Scott Rabalais, LSU Athletic Department Transfers
$10.2 million to the university’s academic fund, nearly $3 million more than required,
A recent article from The Advocate discusses the financial implications of college football for universities, highlighting the ongoing debate about its profitability The piece, authored by Ben Mangrum, explores various factors that influence the economic benefits and challenges associated with college football programs As universities continue to invest in their athletic departments, the question remains: is college football a sustainable source of revenue?
27, 2014), http://www.ethosreview.org/intellectual-spaces/is-college-football-profit able/ [https://perma.cc/XZC7-VUVE]
92 See P HIL O LIFF ET AL , C TR ON B UDGET AND P OL ’ Y P RIORITIES , R ECENT
Cuts to higher education funding may negatively impact students and the economy for years to come However, changes at the conference and NCAA levels could provide a potential solution to these challenges.
Reforming the NCAA
Mapping the Future of the University-Athletics Relationship
This article concludes by outlining potential reforms in response to the complex issues discussed The following section highlights key obstacles that must be addressed to facilitate effective reform.
Obstacles to Reform
Status Quo Inertia
The current dominance of athletics in universities within the Big Five conferences is highly beneficial for stakeholders, as athletics departments now have unprecedented funding to enhance facilities and attract top coaches This financial boost, coupled with lucrative revenue from competitions and television, makes it unlikely for significant changes to occur, especially as the competition among major programs intensifies.
Many external stakeholders, especially sponsors, benefit from the current status quo by heavily advertising and marketing to fans Television networks also prosper under this arrangement, capitalizing on the lucrative opportunities it presents.
chronicle.com/article/The-Big-Five-Power-Grab-/235172 [https://perma.cc/2MK4- LUA7]
99 See, e.g., Steve Berkowitz & Christopher Schnaars, Colleges Are Spending More on their Athletes Because They Can, USA T ODAY (July 6, 2017), https://www usatoday.com/story/sports/college/2017/07/06/colleges-spending-more-their-athletes- because-they-can/449433001/ [https://perma.cc/M6PA-G44J]
100 See supra notes 3–4 and accompanying text
In the 2014/15 season, sponsorship spending on college athletics reached $1.1 billion, highlighting the significant financial investment in this sector The demand for live sports broadcasts continues to be a critical asset for television networks, alongside news programming College football has expanded its schedule to include games nearly every night of the week, with only Sundays and Mondays reserved for the NFL This financial growth benefits coaches, athletics directors, and institutions, allowing for larger budgets and the ability to undertake major construction and renovation projects, such as building new stadiums and upgrading existing facilities.
Fans are currently reveling in an enhanced focus on the "fan experience" at games, which includes greater access to athletic programs via television and in-person attendance The heightened excitement and spectacle surrounding events have elevated the importance of games, turning previously insignificant matchups into personally meaningful experiences for fans.
The existing stakeholders benefiting from the current system present a major obstacle to change, as the entrenched status quo holds considerable influence To successfully implement a revised model, it is crucial to ensure that these stakeholders continue to reap benefits; otherwise, substantial resistance is likely to arise.
Unfamiliarity of Presidents with Athletics
A significant barrier to change in intercollegiate athletics is the lack of familiarity among many college and university presidents with the complexities of this sector, both in terms of its structure and business model Most presidents ascend to their roles through academic positions, such as professors, deans, and senior administrators, which may not provide them with the necessary insights into the intricacies of athletic programs.
102 Streaming content threatens the future of sports on network television
ESPN is grappling with the evolving landscape of television and is not fully embracing the future of the medium Despite recognizing the shifts in viewer habits and technology, the network's strategies indicate hesitance towards adapting to these changes The article highlights how ESPN's current approach may not align with the demands of modern audiences, raising questions about its long-term viability in an increasingly competitive market.
President Stuart R Bell, who previously served as Executive Vice President and Provost at Louisiana State University, currently leads the University of Alabama Meanwhile, President Eli Capilouto, formerly the Provost of the University of Alabama-Birmingham, is at the helm of the University of Kentucky For more details, visit their official biographies.
The intercollegiate athletics model and the dynamics of the student-athlete experience may be unfamiliar to university presidents Many of these leaders prefer to maintain the existing system unless it leads to adverse effects on the broader university community.
Presidents and senior administrators often overlook critical issues within their athletics departments, as exemplified by the Pennsylvania State scandal This incident highlights a broader trend of similar improprieties at various universities, indicating a pressing need for proper oversight of athletes' academic progress University leaders must actively engage with their athletics programs, not only to prevent potential scandals but also to harness the benefits that athletics can bring to the institution as a whole.
Popularity and Visibility of Athletics
The widespread popularity and visibility of athletics hinder efforts to change the status quo, as even minor adjustments attract significant attention from media outlets and call-in radio shows The proliferation of sports media and television channels amplifies this issue, making exaggerated coverage of changes not only possible but highly probable.
The popularity of college sports has led to a strong desire to maintain the current system, with many fans resisting the idea of compensating college athletes This opposition is rooted in the principle of amateurism, despite insights from prominent figures like the Dean of the UAB School of Public Health, who previously served as President of the University of Kentucky.
104 Penn State Scandal Fast Facts, CNN, http://www.cnn.com/2013/10/28/us
The Penn State scandal, detailed in the article last updated on June 4, 2017, highlights significant issues within the NCAA, reflecting on one of the worst scandals in its history It serves as a critical case study of malfeasance in collegiate athletics, emphasizing the need for accountability and reform For a broader perspective on NCAA controversies, Ravi Lulla's article on the ten worst scandals provides additional context and examples of misconduct in the sports organization.
105 See, e.g., Phillip Miller, Are amateurism rules corrupting college athletes?,
Amateurism rules in college athletics are under scrutiny due to various scandals impacting multiple sports programs, raising concerns about their integrity and fairness.
Mark Emmert served as the President of both the University of Washington and LSU before assuming the role of NCAA President His leadership experience at these prominent universities contributed to his qualifications for overseeing the National Collegiate Athletic Association.
The NCAA President, Mark Emmert, emphasizes that many fans believe that violating certain principles will not lessen their enthusiasm for the competitions This perspective highlights the complex relationship between fan engagement and adherence to established rules within sports.
High levels of fan interest and engagement can foster a sense of entitlement, where fans feel they possess greater knowledge about the sport than its actual managers and participants This intense involvement raises concerns about potential declines in interest if significant changes occur, reinforcing the reluctance to alter the existing state of affairs.
Academic Gaps for Some Athletes
Many athletes show a reluctance towards education, viewing college primarily as a platform for participating in sports rather than for academic growth Despite the low likelihood of making it to professional teams, some athletes prioritize intercollegiate athletics over their studies, often meeting only minimal academic requirements to maintain eligibility Additionally, a lack of college preparedness among these athletes can hinder their academic performance, as the demands of being a full-time athlete may lead them to neglect their educational responsibilities.
A proposed solution to support student-athletes is to reduce their academic obligations during the competitive season, allowing them to function as half-time students for four years This approach would enable them to focus entirely on their studies for two years after exhausting their eligibility, ensuring a better balance between athletics and academics.
A significant majority of the public opposes the idea of paying NCAA athletes, according to a Washington Post-ABC News poll conducted in March 2014 However, a separate poll from HuffPost in October 2015 revealed that most college sports fans would continue to watch games even if athletes were compensated This highlights the contrasting views on athlete compensation within the realm of college sports.
108 See, e.g., Nw Univ and Coll Athletes Players Ass’n, 2014-15 N.L.R.B
Dec ả 15781 (CCH), at *1 (2014), dismissed on other grounds, 362 NLRB No
167 (2015) (finding that the primary purpose of the football players on campus was to play football, not get an education)
109 Sarah Ganim, CNN Analysis: Some Athletes Play Like Adults, Read Like
5th Graders, CNN (Jan 18, 2014), http://edition.cnn.com/2014/01/07/us/ncaa- athletes-reading-scores/index.html [https://perma.cc/BJV6-S28J]
110 The case of Kevin Ross provides an egregious example of such educational malfeasance See Ross v Creighton, 957 F.2d 410 (1992)
111 See Berry, supra note 9 professional team Opponents of this view argue that such athletes would not choose to complete their education
The push for a more rigorous implementation of the student-athlete model faces challenges in overcoming the existing pressures to uphold the status quo, which may lead to a reduction in academic standards.
A Roadmap for Readjustment
Restructure the NCAA: Emphasize Education, not
The NCAA is primarily focused on preventing athletes from receiving any form of payment, even minimal benefits like car rides While their efforts to regulate large financial contributions to athletes, exemplified by the Reggie Bush case, are understandable, monitoring every minor benefit appears excessive and misallocated This approach is particularly concerning given that the educational opportunities for athletes are often compromised, as seen in severe cases like the University of North Carolina and issues like major clustering The NCAA should prioritize ensuring that the academic experiences provided to athletes are both legitimate and substantial.
The NCAA's transposition of focus and policy aligns with its mission by enforcing stricter regulations on practice and off-season time for teams, ensuring that athletics do not become a full-time job for student-athletes Additionally, the NCAA must prioritize more severe penalties for academic misconduct over those for providing economic benefits to athletes, reinforcing the integrity of the student-athlete model.
112 See Nakia Hogan, Reggie Bush investigation results in major sanctions for Southern Cal, NOLA (June 11, 2010), http://www.nola.com/saints/index.ssf
/2010/06/reggie_bush_investigation_resu.html [https://perma.cc/E6XC-MEEV]
113 See, e.g., Nw Univ and Coll Athletes Players Ass’n., 2014-15 N.L.R.B
Dec ả 15781 (CCH), at *1 (2014), dismissed on other grounds, 362 N.L.R.B No
167 (2015) (finding that the requirements of the football program for athletes constituted a full-time job and made athletes employees of the university)
The core value of institutions should prioritize "student" over "amateur," as the former aligns with their fundamental purpose, while the latter often lacks substantial justification If the NCAA is genuinely committed to promoting this principle, it must focus on the true educational and developmental experiences of student-athletes.
To enhance the professional prospects of athletes beyond sports, it is essential to foster a balance between academics and athletics on campus This academic emphasis should not only focus on graduation rates but also evaluate the quality of education received by athletes Interestingly, the experiences of Committee on Infractions (COI) members, who are often faculty and administrators, tend to align more closely with an educational focus Restructuring the COI and the NCAA to prioritize this concern would validate the NCAA's rhetoric regarding student-athletes and align with Myles Brand's vision for the organization.
Grow Athletics, but Leverage Economic Gains through
Universities should focus on expanding their athletic programs and the associated economic benefits, while also reallocating a portion of these gains to support academic departments If the financial growth from athletics only leads to higher coaches' salaries and better facilities, the overall advantages for the university will be minimal However, by directing a percentage of athletic earnings to academics, universities can create a more harmonious relationship between athletics and academic pursuits.
Allowing current presidents to control funding leads to reduced academic support from athletics departments, especially in non-Power Five conferences By having conference commissioners manage and oversee financial allocations to academics, a better balance between athletics and academics could be achieved.
Reduce Coach Firings and Buyouts
The athletics department faces significant financial strain due to the high costs associated with coach firings and buyouts, often reaching multi-million dollar sums This practice leads to a waste of resources, as the department prioritizes these costly decisions over more productive investments.
Katherine Rust's article in The Atlantic reflects on the legacy of former NCAA President Myles Brand, emphasizing his vision of prioritizing education for athletes Brand championed the idea that student-athletes should focus on their academic achievements while striving for success in their sports His approach aimed to create a balance between educational goals and athletic performance, highlighting the importance of viewing athletes primarily as students.