ERIC Number: ED330270
Record Type: RIE
Publication Date: 1991-Mar-20
Reference Count: N/A
Due Process in Intercollegiate Athletic Association Policies and Procedures. Report and Recommendations. Report 5.
Florida State Postsecondary Education Planning Commission, Tallahassee.
The study reviewed the legal relationship between the National Collegiate Athletic Association (NCAA) and its member institutions and the national reform movement in intercollegiate athletics, and proposed legislation that would mandate due process guarantees in all association proceedings with its member institutions. Legal research confirmed that the courts have failed to formulate a precise definition of due process of law. Accordingly, the Florida State Postsecondary Educational Planning Commission, which was charged with conducting the study, focused on issues of fairness. The Commission identified policies and procedures in areas of the NCAA's enforcement process that have resulted in actual or perceived arbitrary practices in the association's interaction with member institutions. The central issue of the study was whether a law should be enacted by the Florida Legislature that would mandate due process guarantees for all NCAA proceedings with Florida's public universities. The Commission did not recommend such legislation, although it did find the enforcement process to be unfair, inconsistent, and arbitrary. The Commission endorsed two recommendations: (1) the Florida Legislature should adopt a resolution that calls for the NCAA to implement substantive reforms to its enforcement program; and (2) following the 1992 NCAA Annual Convention, the Florida Legislature, the Planning Commission, and the Board of Regents should evaluate the association's enforcement program to determine if it provides fair and consistent standards of operation for the state's member institutions. Five appendices making up about half the document include the NCAA statement and responses to commission questions; a list of 32 institutions under NCAA sanctions; a transcript of the NCAA procedures act; a report on the role of faculty in the governance of college athletics; and highlights of legislation adopted at the 1991 NCAA convention. A 24-item bibliography is also included. (GLR)
Publication Type: Reports - General
Education Level: N/A
Authoring Institution: Florida State Postsecondary Education Planning Commission, Tallahassee.
Identifiers: Florida; Florida State Postsecondary Ed Planning Commission; National Collegiate Athletic Association
Note: Prepared in response to Section 18 of Chapter 90-365, Laws of Florida. Microreduced portions of appendixes present legibility problems.