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ERIC Number: ED561512
Record Type: Non-Journal
Publication Date: 2013
Pages: 201
Abstractor: As Provided
Reference Count: N/A
ISBN: 978-1-3034-2548-6
ISSN: N/A
The Authority of the NCAA and Its Member Institutions over Student Athletes
Franey, Tammy Wood
ProQuest LLC, Ed.D. Dissertation, The University of Alabama
Growing litigation between the National Collegiate Athletic Association (NCAA), its member institutions, and student athletes has caused concern for both student athletes and colleges and universities. This qualitative research utilized a legal-historical, document-based method of inquiry. The research analyzed cases between 1953-2012 involving conflicts between student athletes, the institutions of higher education they attend, and the NCAA. Cases involving Title IX were not included. An analysis of pertinent cases was conducted to identify applicable laws influencing judicial decisions. Cases were briefed using Statsky and Wernet's (1995) method. Themes emerging from the research involved issues concerning constitutional/civil rights, workmen's compensation, and anti-trust. Case law revealed that most challenges brought against the NCAA involved by-laws concerning the areas of amateurism, recruiting, eligibility involving academic and general requirements, compensation, and enforcement Other issues involved violations under the Americans with Disabilities Act, First Amendment, Fourteenth Amendment, and Title VI. The courts have ruled that the NCAA is not considered a state actor because it is a private institution set up to protect amateurism and the education of student athletes. As a result, the NCAA is cloaked with immunity while the colleges and universities are not. The research revealed that the NCAA has a pattern of settling cases and revising its by-laws when there is a concern that the courts will rule against the NCAA. As a result, the NCAA is able to escape court rulings that will set a precedent for future litigation. The research gleaned from the data provided practical guidelines for athletic departments and recommendations for future research. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]
ProQuest LLC. 789 East Eisenhower Parkway, P.O. Box 1346, Ann Arbor, MI 48106. Tel: 800-521-0600; Web site: http://www.proquest.com/en-US/products/dissertations/individuals.shtml
Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; First Amendment; Fourteenth Amendment; Higher Education Act Title VI