Since the founding of the National Collegiate Athletic Association in 1906, there has been a principle in place that states that “student-athletes shall be amateurs in an intercollegiate sport, and their participation should be motivated primarily by education and by the physical, mental, and social benefits to be derived… and student-athletes should be protected from exploitation by professional and commercial enterprises” (NCAA, Division 1 Amateurism Deregulation Proposals, 2014). The NCAA has since attempted to “Americanize” the Greek concept of amateurism as competitive inequity by promoting it predominately as the connection between education and sport (NCAA, Division 1 Amateurism Deregulation Proposals, 2014). Though the NCAA will …show more content…
Examining such obvious commercialization, it is likely that the historical lifeblood of the NCAA that is amateurism puts the organization in violation of the rights of student athletes as well as the Sherman Antitrust Act.
Primary Law
The Sherman Antitrust Act, passed in 1890, was the first federal law outlawing monopolistic business practices. Section one of the act states that “every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal” (Sherman Act, 1890). By definition, characteristics of a monopoly include: profit maximizer, price maker, high barriers to entry, single seller of a product or service, and price discrimination. Though the NCAA denies possession of these characteristics, some of its very own bylaws connote otherwise. Article 12 of the NCAA’s bylaws states that “a student-athlete is not permitted to use his or her name or picture to promote a business” and goes on to say that “a student-athlete may not profit or receive royalties from his or her NCAA likeness… even after graduation” (NCAA, Division 1 Manual, 2014). Further, the bylaw puts responsibility solely on the student-athlete to stop an individual or organization from using his
In the area of collegiate sports, there have been numerous heated debates about the integrity of many things concerning the NCAA and how it handles legal and ethical issues. Two well renowned scholars tackle this issue in their co-authored book entitled
In his article “The Shame of College Sports,” Taylor Branch (2011) describes how universities are focused on advancing and receiving money from major athletics and having star athletes, but how the universities are not caring for the “student athlete.” The National Collegiate Athletic Association (NCAA) has made college sports into an unmerited business. However, as years progress more athletes are getting smart and are taking the NCAA to court. The more students that challenges the rules by the NCAA and take them to court, the secrets and undermining values of the NCAA come out and the closer the NCAA comes to an end.
In the essay “The Shame of College Sports,” Taylor Branch examines the flaws of the National Collegiate Athletic Association in college sports regarding “amateurism” (Branch 227) and the “student-athlete” (227). In doing so, Branch discusses the history of college sports and the National Collegiate Athletic Association while emphasizing certain regulations such as allowing multinational organizations to advertise their brand on athletic gear but athletes cannot use any of their memorabilia to get cash or a free tattoo at a tattoo parlor (227). Branch also argues that athletes are being manipulated for their skills and fame from the National Collegiate Athletic Association and universities and further irritates that they make money off the “unpaid
Not only do the players play hard for the school, but they also have the potential to earn money through commercial signings and endorsements by third party sponsors. The NCAA should lift the “Principle of Amateurism” and establish a newer one that resembles the one of the Olympics. The Olympics’ amateur model resembles the NCAA’s “Principle of Amateurism” except for the fact that they do not have restrictions on commercial opportunities such as
(http://espn.go.com/college-sports/story/_/id/11328442/judge-rules-ncaa-ed-obannon-antitrust-case) The decision stated that if an institution sold anything with players ' names, images, and or likenesses the compensation will be paid into a trust fund. However, if a school does not try to sell anything with such, there will be no money to pay into the trust fund resulting in a player only receiving his/her cost-of-attendance scholarship.
With the universities pulling in more than twelve billion dollars, the rate of growth for college athletics surpasses companies like McDonalds and Chevron (Finkel, 2013). The athletes claim they are making all the money, but do not see a dime of this revenue. The age-old notion that the collegiate athletes are amateurs and students, binds them into not being paid by the National Collegiate Athletic Association (NCAA). This pay for play discussion has been talked about since the early 1900s but recently large steps are being made to actually make a change. There are many perspectives on the payment of collegiate student athletes coming from the NCAA, the athletes themselves, and the university officials.
It is the NCAA’s policy that no student athlete shall receive any special benefits or compensation in regard to their status as an athlete of a university. This basically means that no player can accept gifts or services with any special benefits from school or athletic personnel, or receive any benefits for outside entrepreneurship for reasons regarding their play. For example, a student athlete cannot sign a jersey with their number on it and exchange it for any type of compensation. However, over the past few years, many scandalous conspiracies of soliciting services to athletes for their commitment and play have surfaced. Due to the NCAA’s stance on this issue many of these violations have left athletics programs with sanctions that in reality are very unnecessary and hardly ever punish those who initially violated the rules. The fact is that the college athletics generates on average 10.5 billion dollars of revenue annually, and the NCAA organization alone, about 720 million annually. Of that 720 million that the NCAA accounts for, only 60 percent of that is returned to the Division I universities whose athletics accounted for almost all of it. The rest is dispersed into other funds such as championship games and the national office services, with a small amount being paid to division II and III schools. However, of that 60 percent paid back to the Division I schools, which amounts to approximately 430 million dollars, the majority is spent by the University on
The NCAA’s policy on amateurism has been around since the creation of the NCAA by Theodore Roosevelt. This policy was created to prevent teams from hiring ringers to play in games and to limit point shaving/corruption in collegiate sports. Currently, prospective student athletes have to be certified as an amateur by the NCAA Clearinghouse in order to compete in any competitions. Over the last decade, there has been an increase in the National Collegiate Athletic Association or NCAA’s policy on Amateurism. As previously stated, this policy has been around since the creation of the NCAA, but the elements of the policy are almost the same. According to the NCAA Manual, a student-athlete is considered an amateur if they have not: “signed a contract with a professional team, received payment for participating in athletics, played with professionals, received benefits from an agent or prospective agent, or agreed to be represented by an agent” (NCAA, 2015).
Secondly, there is a major difference between professional sports and college sports. “Students are not professional athletes who are paid salaries and incentives for a career in sports. They are students receiving access to a college education through their participation in sports...student athletes are amateurs who choose to participate in intercollegiate athletics as part of their educational experience, thus maintaining a distinction between student athletes who participate in the collegiate model and professional athletes who are also students” (Mitchell). The collegiate athletes’ incentive is the access to an outstanding education. College athletes playing a college sport is not a career or a profession. “The NCAA plays a critical role in the maintenance of a revered tradition of amateurism in college sports”(Ross). This quote is laudable because
I. (C)The National Collegiate Athletic Association (NCAA) defines amateurism as, “The conviction that people should participate in sports as a hobby (for the fun of it) rather than for money.” The NCAA mandates that all college athletes maintain this level of amateurism while in college, however, college sports have never been more of a
I believe that college sports should be considered a profession. Athletes deserve to be paid for their work. College athletics are a critical part of America’s culture and economy. At the present time, student-athletes are considered amateurs. College is a stepping-stone to
One of the biggest challenges paying college athletes is the legal power of the term student-athlete. When President Roosevelt created the NCAA to protect young athletes, he also emphasized that the NCAA would “serve a secondary purpose in ensuring ―no student shall represent a college or university in any intercollegiate game . .
Its no secret that college sports brings in the big bucks, and without the athletes preforming day in or day out universities would lack the funds to support a school needs. The college sports industry makes 11 billion in annual revenues (Mitchell, Horace, U.S. News Digital Weekly). 11 billion dollars made off of college sports alone is enough its self to pay these student-athletes for their contribution to a school’s success because without them there wouldn’t be this much income. They need these athletes and the NCAA should quit exploiting them for their talents and compensate them. Student-athletes are amateurs who choose to participate in intercollegiate athletics (Mitchell, Horace, U.S. News Digital Weekly). Indeed, they are amateur but in sports the word professional has a different meaning since in all sports there is a 1-2-year stint before an athlete can go from the college level to a professional standpoint. Meaning it only takes a year or two
There has been amplified debate on the treatment, education, training of the college athlete. To avoid exploitation of athletes, “The National Collegiate Athletic Association (NCAA), formed in 1905, set bylaws requiring college student-athletes to be amateurs in order to be eligible for intercollegiate athletics competition” (Schneider n.p.). Intercollegiate athletics have dramatically changed over the last several decades. Currently, intercollegiate athletics generate tremendous amounts of revenue, remarkably in football and basketball. College sports in America is a
College athletes are not being paid for their labor, which schools profit from. “The NCAA (National College Athletics Association) earns about $4 billion in licensing fees each year. In 2010, the NCAA signed a 14-year, $10.8 billion contract with CBS and Turner Sports to have exclusive rights to show the men’s college basketball tournament, which takes place every year” (Miller). Student-athletes are being exploited by the NCAA and there’s nothing they can do about it. Exploitation happens when student-athletes, who are making large amounts of money for their schools, often are not receiving any kind of admissible, quality education. Another form a student-athlete is exploited, the value of