|port, faced three options: (1) A return to amateurism (This option, however, was regarded as "not really viable" because of economic pressures and demands from alumni and other supporters for winning
teams.); (2) Continuing the present situation (The Council noted that continuing the status quo meant drifting toward professionalism and an
increased credibility gap between the pretenses of the student athlete
model and the realities of money, corruption, and professionalism.); or
(3) An open move to professionalism (This entails a situation in which blue-
chip athletes would be paid a market wage rather than an artificially
constrained amount with all the attendant pressures for under-the-table payments.).|
The Council favored the third option, which in turn would create an environment in which true amateurism could be reborn. Schools that do not desire professional teams could opt for a genuine amateur model and build organizations capable of being administered in a principled manner.
Courts contribute to the maintenance of an admittedly corrupt system by abdicating their responsibility to call things as they really must see them (as the Indiana Supreme Court did in Rensing). Courts willing to honestly appraise the present relationships in American "amateur" sports must conclude that our big-time college scholarship athletes are really employees. This honest appraisal might, in turn, lead to healthy reform.
|6.Finally, note that suits by under-educated college athletes alleging what can loosely be described as "educator's malpractice" deserve sympathetic hearings. Success in such cases might also contribute to reform of the current system.|
Ashman Allan, "Hut One, hut two, no comp for you: College Football Injury Doesn't Qualify for Worker's Compensation, Rensing v. Indiana State University Board of Trustees, 444 N.E.2d 1170 (Ind. 1983)," 69 AMERICAN BAR ASSOCIATION JOURNAL828 ( June 1983).
Bouniconti Nicholas A., "Are Athletes Covered by Worker's Compensation?" 13 THE BRIEF4 ( November 1983).
Cross Harry M., "The College Athlete and the Institution," 38 LAW AND CONTEMPORARY PROBLEMS151, 163-66 ( 1973).
Holzberg Bryan, "Worker's Compensation for Students," 4 NATIONAL LAW JOURNAL6 ( July 5, 1982).
Steinbach Sheldon Elliot, "Workmen's Compensation and the Scholarship Athlete," 19 CLEVELAND STATE LAW REVIEW521 (1970).
"''Workmen's Compensation Awards for Recreational Injuries," 23 UNIVERSITY OF CHICAGO LAW REVIEW328 ( 1956).