Should the NCAA Modify Amateurism Regulations?

Implications for NCAA

This 2 part model would help to better assist athletes for their future plans and goals and gives both the chance to go back and forth between the two.

• “Students will not be exploited by colleges for profit and publicity. Instead professional athletes playing for school teams will be paid the large or small salaries they deserve, and they’ll be free to pursue whatever schooling is best for them, while varsity athletes will be afforded the time and energy to be serious students, and will attend schools where they are a proper fit academically.” (Casement, 2013).

This model also works for boosters and student spectators.

• “Students will continue to enjoy spectator sports, sports-minded alumni can still look fondly upon their pride and joy, and their school will benefit from the publicity coming from the professional teams bearing their name. Boosters will be free to give large sums of money to their professional teams without being censured for buying favor in the realm of higher education.

• “…schools are generating billions of dollars in revenues each year through the hard work, sweat, and sometimes broken bodies of top-tier college football and men’s basketball athletes. The reality is that it is already pro sports for everybody but the athletes.” (Ganim, 2014).

There have been notions to encourage a professional model for those athletes who would like the benefits that come with playing for institutions while being able to be compensated. While athletes that would rather have the opportunity to participate in athletics but mainly focus on academics could participate in the amateur structure.

• “Teams operate on a big-time model will be declared professional, all other teams are amateur. This two-part structure replaces the present and more complicated NCAA structure of Divisions IA, IAA, II, and III. Educational and noneducational interests are no longer tied together they’re clearly demarcated.” (Casement, 2013).

• “The model of professional sports has demonstrated that franchise owners compensate professional athletes with high salaries because these athletes generate great amounts of revenue.” (Unknown, 2008).

Implications for NCAA

Student-athletes have attempted to unionize to be considered and compensated as employees of their university.

• “…a study performed by the NCAA in 2011 found that Div. I college football players devoted an average 43.3 hours per week to their sport—more time than they spent on academic activities, and more than a typical U.S. worker spends on his profession.” (Edelman, 2013).

*Both pictures are Kain Colter Northwestern University quarterback, who attempted to unionize with fellow teammates saying they are university employees who are forced to put football first or risk losing free tuition. (Ganim, 2014).

• Attorney Jeffrey Kessler who represents the athletes who filed a class action suit against the NCAA, “What we are saying is that it is fundamentally unfair for there to be rules that prevent athletes who create all of this to receive nothing in return” (Ganim, 2014).

My Side

In 2012 NCAA President Mark Emmert acknowledging there needed to be a change to the current collegiate model during his State of the Association. He said “…looking at the collegiate model to maximize our values, make the changes we need to make, but bring the collegiate model up to the 21st century consistent with out values as academic enterprises.” (Southall & Staurowsky, 2013).

• “If the NCAA, coaches, and the universities are truly concerned about the academic welfare and equal educational opportunities for college athletes, then they should release them from the shackles of the one-year renewable athletic scholarship. Implementing multiyear scholarships, or scholarships utilizing need-based financial aid would allow athletes to focus on their academic needs without the possible loss of their scholarship for any reasons the coach deems appropriate.” (Lanter & Hawkins, 2013).

Modifying NCAA Amateurism Regulations

Another concern I have with these amateurism regulations is the fact that the NCAA partner with video game companies that do not use the players actual names, but use the players likenesses to simulate them and avoid to compensate these athletes. This is where the exploitation issue becomes more relevant.

• “The incompatibility and disconnect between the ‘old’ and ‘new’ amateurism are underscored by the advent of recent technological tools to promote (and benefit from) college sports competitions, as well as increased commercial activity, such as sport video games.” (Kaburakis et al., 2012).

• “…the NCAA and its member institutions merely hope to recruit potential revenue sources, as a legitimate profit-making business, these sources’ compensation must be directly proportional to the revenue generated. It has become quite evident that in many instances the latter definition prevails. This practice of recruiting for potential revenue rather than for academic potential highlights the fact that the NCAA and its many member schools are a serious business.” (Unknown, 2008).

• “It is important to examine whether student-athletes hold the opinion that their scholarships, as permissible and available at present, suffice in exchange for the use of their identities.” (Kaburakis et al., 2012).

• “31% of athletes believed their athletic scholarship was sufficient in exchange for the use of their identity…nearly 2/3 of respondents believed they should receive additional compensation in exchange for the use of their image/likeness.” (Kaburakis et al., 2012).

I am in support for the modification of amateurism regulations to help supplement student-athletes with compensation in addition to their scholarship.

I think it is a shame that the NCAA and these institutions can make a profit from these student-athletes’ name, but they cannot receive any compensation due to their amateur statuses.

• “I believe that amateurism is a myth. This is a multibillion dollar industry…we’re not against that, but to exclude players from the spoils is un-American. It’s illegal, it’s inappropriate, and amateurism at this point is being used as a tool to strip the players of their fair market value.” (Ganim, 2014).

• “A scholarship is great and can have value, but it is not enough if a student who is an athlete has the ability to make money with his or her marketing utility.” (Ridpath, 2013).

• A study performed in 1991 surveyed 3500 current and retired NFL players in 1989, of whom 1182 responded. 31% were said to have received under-the-table payments while in college and 48% claimed they knew of others who received them. (Kahn, 2007).

The main philosophy of amateurism regulations is to place the importance of student-athletes gaining a valuable education, however studies show that most athletes from revenue-producing sports do not graduate.

• “…2006 NCAA men’s basketball tournament comprised of 34 institutions which failed to graduate 50% of their players in a 6 year span…2005, of the 56 teams competing in postseason bowl games, 11 failed to graduate at least 50 % of their players.” (unknown, 2008).

• “…players in the 10 conferences making up the Football Bowl Subdivision (FBS) graduated at a rate 18% below the male student bodies of their schools found in a study performed in 2013…male basketball players graduating at 20% below their male student bodies and female basketball players at a rate 9.2% beneath that of their student bodies.” (Ganim, 2014).

Accepting NCAA Amateurism Regulations

A Closer Look

“Though the NCAA is considered a nonprofit organization, its billion-dollar television contract and its rules and policies affect the sports industry in numerous ways and often present a conflict between the concepts of amateurism and professionalism.” (US Legal, 2014).

FBS Football and Men's Basketball Revenue 1997-2010 (Zimbalist, 2013).

• “…don’t forget to factor in the cost of four years of schooling. At a lot of places, that will run about $200,000. Most students emerge from college saddled with debt that will take years to pay off, but scholarship athletes are exempt from that burden.” (Forde, 2011).

When NCAA President Mark Emmert was asked why do spectators and fans cheer for the student-athletes when in competition. He answered “One of the main reasons why college sports are as popular as they are is because of allegiances to the colleges. It has far less to do with the players in the jerseys than the jerseys themselves.” (Forde, 2011).

• “Only 1.3% of NCAA football players and 1.7% of NCAA basketball players make it to the pros.” (Kahn, 2007).

1997

References

Should the NCAA Modify Amateurism Regulations?

NCAA Defined

Debate to Modify NCAA Amateurism Regulations

NCAA. (2014). NCAA Division I manual January 2013-2014. Retrieved from http://www.ncaapublications.com/p-4339-2013-2014-ncaa-division-i-manual-january-version.aspx

Orleans, J. H. (2013). The effects of the economic model of college sport on athlete educational experience. Journal of Intercollegiate Sport, 6(1), 79-85.

Rickey, B. (1955). What is amateur sport? The Journal of Educational Sociology 28(6), 249-253.

Ridpath, B. (2013). Amateurism will die and we must be prepared. Journal of NCAA Compliance, 4-5.

Southall, R. M. & Staurowsky, E. J. (2013). Cheering on the collegiate model: Creating, disseminating, and imbedding the NCAA's redefinition of amateurism. Journal of Sport and Social Issues, 37(4), 403-429.

US Legal Inc. (2014). NCAA sports contracts and amateurism. Retrieved from http://sportslaw.uslegal.com/sports-agents-and-contracts/ncaa-sports-contracts-and-amateurism/

Zimbalist, A. (2013). Inequality in intercollegiate athletics: Origins, trends and policies. Journal of Intercollegiate Sport, 6(1), 5-24.

(2008). Declaration of exploitation: Should college athletes be paid? Retrieved from http://mcamp.hubpages.com/hub/Declaration-of-Exploitation-Should-Student-Athletes-Be-Paid

The fundamental policy of the NCAA states in Bylaw 1.3.1 “The competitive athletics programs of member institutions are designed to be a vital part of the educational system. The basic purpose of this Association is to maintain intercollegiate athletics as an integral part of the educational program and the athlete as an integral part of the student body and, by so doing, retain a clear line of demarcation between intercollegiate athletics and professional sports.” (NCAA, 2014)

Bylaw 12.01.1 states only an amateur student-athlete is eligible for intercollegiate athletics in a particular sport. (NCAA, 2014)

Bylaw 12.1.1.1.4.3 states an individual may not receive expenses from an outside amateur team or organization in excess of actual and necessary travel, room and board expenses, and apparel and equipment (for individual and team use only from teams or organizations not affiliated with member institutions, including local sports clubs set forth in Bylaw 13.12.2.3) for competition and practice held in preparation for such competition. (NCAA, 2014)

"...membership in the NCAA is divided into Div. III, Div. II, and Div. I, the largest division and the one that offers the most scholarships to athletes...more than 1,200 schools are now members of the NCAA." (US Legal, 2014).

• “Undoubtedly, the quality of these athletes’ educational and overall college experiences will be negatively impacted. College athletes live in an athletically-focused world: special academic advisors, tremendous pressure from coaches, prioritizing athletics over academics. The athletic practice and travel schedules also decrease educational opportunities for college athletes by simply restricting their available times for courses.” (Lanter & Hawkins, 2013).

• “As the scale of both revenue generation and spending has grown over the past few decades, there is a general sense that ‘big-time’ athletics is in conflict with the principles of amateurism.” (Southall & Staurowsky, 2013).

• “…members have fully abided by the NCAA’s principle of amateurism, even though it has meant that college athletic directors and coaches earn millions of dollars while their student-athletes continue to live below the poverty line.” (Edelman, 2013).

• “Originally the NCAA’s founding principles stated that the use of inducements, including scholarships, to recruit college athletes was a blatant violation of amateurism…the NCAA has continued to modify its definition of the term ‘amateur athlete’ to fit the model it wants and has drifted away from its founding principles simply because amateurism does not work and it is time for a change.” (Ridpath, 2013).

• “A joint study found the fair market value of the average collegiate football player is about $120,000. It is $265,000 for the average men’s basketball player. The average scholarship is worth $23,000.” (Ganim, 2014).

Issue?

Debate Accepting NCAA Amateurism Regulations

Presentation by: Rosemary Stribling

For Kin 777: Issues in Kinesiology

This issue is very relevant to the kinesiology field because it pertains to student-athletes who we as coaches and administrators will be working for. We will be working to ensure that athletes are given most of the necessary resources to be successful students as well as athletes and deciphering whether or not the NCAA needs to make modifications could help give student-athletes a better collegiate experience.

The NCAA amateurism regulations were created to help differentiate collegiate student-athletes from professional athletes to encourage their STUDENT first ATHLETE second educational philosophy.

• "Student-athletes shall be amateurs in intercollegiate sport, and their participation shall be motivated by education and by the physical, mental, and social benefits to be derived." (Edelman, 2013).
• "What might be the most problematic aspect of paying the players is the risk of further separating the athletic experience from the college experience. It would widen the gap between the athlete and the regular students who cheer them on--and then come back as adults to donate money and build even nicer facilities for the next generation of young studs." (Forde, 2011).
• "...many college athletes are admitted to schools to which they might not otherwise have access, and where they receive high-level coaching, training, and media exposure, thus enhancing their future earning power." (Kahn, 2007).

Implications for NCAA

Issue?

Scenario...

Conclusion

Aaron Adair was a highly prospected baseball star in high school who was diagnosed with brain cancer. After rehab and treatment he was offered a Div. I scholarship to play baseball for the University of Oklahoma. While in college he lost his father to leukemia and wrote a motivational book titled "You Don't Know Where I've Been" describing his survival with cancer and the loss of his father. "University of Oklahoma NCAA compliance officer informed Adair that he was engaging in prohibited commercial activity with the promotion and sale of his book. Adair's book ended his NCAA eligibility and baseball career." (Callanan, 2006).According to NCAA Amateurism regulations any money that Adair received for the sale of his book would be considered compensation thus making him ineligible to remain an amateur collegiate athlete.

NCAA amateurism regulations have been theorized as exploiting collegiate athletes for their athletic talents and not fully compensating them for the time and work that is put into playing a collegiate sport.

"...academic and nonacademic purposes withing higher education institutions bump up against one another for a result that is increasingly dysfunctional." (Casement, 2013).

In the billion dollar industry that collegiate sports have become, the NCAA was created to be made for the best interests of students-athletes, but who are these amateur regulations in the best interest of?

“Does personal gain in goods or well being as a direct result of athletic effort have anything to do with one’s amateur standing? Should contest motivation fix the eyes of an amateur on a goal instead of a contract?” (Rickey, 1955).

• “If, then, we truly believe that athletics has important benefits for the athletes who compete, we owe it to them to have our own game plans: to create athletic funding models that recognize the perilous new world of higher education finances, and that find realistic and principled ways to keep paying for those benefits.” (Orleans, 2013).

• Former NCAA consultant and now assistant professor at North Carolina Central University in Durham says “Offering compensation could have a positive impact on athletes’ educations. If students are able to participate in the free market, it will allow us to decide what athletes are there for an education and what athletes are there for a minor league system and allow us to develop programs for each.” (Ganim, 2014).

• “Critical for the future of intercollegiate athletics will likely be a better understood definition of amateurism that isolates the principle to the way in which student-athletes are viewed without imposing its avocational nature on revenue-producing opportunities.” (Southall & Staurowsky, 2013).

• “Every major college and university needs to do a gut-check and ask where are we on the appropriate balance between the culture in athletics and the broader culture of the university and make certain that they’ve got the balance right.” (Lanter & Hawkins, 2013).

• “It seems inevitable that the NCAA’s longstanding practice of profiting from the work product of student-athletes is about to change. Simply stated, antitrust law does not permit the NCAA to impose rules that ubiquitously prevent student-athlete pay.” (Edelman, 2013).

References

Callanan, C. A. (2006). Advice for the next Jeremy Bloom: An elite athlete's guide to NCAA amateurism regulations. Case Western Reserve Law Review, 56(3), 687-694.

Casement, W. (2013). College sports: Revising the playbook. Academic Questions, 26(1), 59-64.

Edelman, M. (2013). A short treatise on amateurism and antitrust law: Why the NCAA's no-pay rules violate section 1 of the Sherman Act. Case Western Reserve Law Review, 64(1), 61-99.

Forde, P. (2011). Myth of exploited, impoverished athletes. Retrieved from http://espn.go.com/college-sports/story/_/id/6779583/college-athletes-far-exploited

Ganim, S. (2014). 'Amateurism is a myth': Athletes file class action suit against NCAA. Retrieved from http://www.cnn.com/2014/03/17/justice/ncaa-student-athletes-payment-lawsuit/

Kaburakis, A, et al. (2012). Is it still "In the game", or has amateurism left the building? NCAA student-athletes' perceptions of commercial activity and sports video games. Journal of Sport Management, 26(4), 295-308.

Kahn, L. M. (2007). Markets: Cartel behavior and amateurism in college sports. Journal of Economic Perspectives, 21(1), 209-226.

Lanter, J. R. & Hawkins, B. J. (2013). The economic model of intercollegiate athletics and its effects on the college athlete educational experience. Journal of Intercollegiate Sport, 6(1), 86-95.