Law and Business of the Sports Industries: Common Issues in Amateur and Professional Sports - Vol. 2

By Robert C. Berry; Glenn M. Wong | Go to book overview

Chapter 3
THE AMATEUR ATHLETE

3.00
Introduction

Chapter 2 examined the athletic associations which govern amateur athletics from the perspective of the association. Each athletic association defines "amateur" according to its own standards for competition. The rules and regulations to which athletes must adhere in order to compete as amateurs are the subject of this chapter. In Section 3.10 we shall discuss eligibility requirements for individuals and student-athletes. Because the NCAA is the primary athletic association governing college athletics, this chapter will examine eligibility requirements specific to the NCAA. Numerous problems have arisen with the NCAA regulations concerning academic progress, "redshirting," and pay; these, in turn, have led to a considerable amount of litigation. Other eligibility requirements concerning grade point average, transfers, scholarships, financial aid, and professional contracts will also be discussed, relevant to their impact on student- athletes governed by the NCAA as well as on high school and other amateur athletes.

Although the eligibility requirements examined in this chapter apply primarily to participation at the high school and college levels, a brief section is devoted to the eligibility requirements for Olympic competition. The relationship between Olympic athletes and the Olympic governing bodies is unique, and participation in Olympic competition may affect a student-athlete's eligibility to compete in interscholastic or intercollegiate competition.

Section 3.18 discusses player-agents and professional careers -- specifically, the conflicts which can arise with the NCAA when agents contract with student-athletes prior to the expiration of their eligibility. Recent cases have exposed such situations and often have resulted in athletes losing eligibility and/or institutions having to pay back tournament money to the NCAA for using an ineligible player. The concern over this matter has led to monitoring systems by the NCAA and individual conferences, as well as legislation on the state level.

Section 3.20 discusses the individual rights of student-athletes. This discussion focuses on the coach-athlete relationship in high schools and colleges, and it covers such areas as freedom of expression, rules relating to hair length, restrictions on high school marriages, and alcohol and drug rules. The courts have attempted to balance the rights of the individual student-athlete with the right of the coach to

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Law and Business of the Sports Industries: Common Issues in Amateur and Professional Sports - Vol. 2
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface xi
  • Chapter 1 - Introduction 1
  • Chapter 2 - Amateur Athletic Associations 33
  • Chapter 3 - The Amateur Athlete 119
  • Chapter 4 - Sex Discrimination in Athletics 245
  • Chapter 5 - Contract Law 329
  • Appendix 344
  • Chapter 6 - Legal Principles in Tort Law 397
  • Chapter 7 - Application of Tort Law 447
  • Chapter 8 - Drug Testing 567
  • Chapter 9 - Trademark Law 619
  • Chapter - Criminal Law and Its Relationship to Sports 679
  • Chapter 11 - Sports and the Media 713
  • Chapter 12 - Antitrust and Tax Law 775
  • Glossary 799
  • Table of Cases 809
  • Index 839
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