Future of the NCAA

[bdub]

I am writing a legal research paper on why the NCAA should be state actor and players, coaches, etc. should be allowed due process when brought in for sanctions.

My basic conclusion is that with conference expansion looming conferences could get fed up and break away from the NCAA.

What are some of your thoughts on the future of the NCAA? Don't have to agree with me any thoughts are welcome! Please post if you've read any good articles recently too. Thanks!

[JaxcockFL]

Well, the NCAA is made up of the universities and colleges that the NCAA is over. The universities change the rules that they live by. So, getting mad at the NCAA means getting mad at the colleges. That being said, I think there is a good possibility that the conferences that bring in the most money may break away to form another group, as the smaller schools may have to play by different rules. By that I mean, recruiting and scholorship limits at a Big East school would be different than a SEC school because of the amount of money flowing through. It really could be something like what happened to the Big East when they tried to keep the basketball schools and football schools happy. One thing against forming a new NCAA is that the new group would probably get a share of football revenues, which the NCAA does not get now. I think that is the one thing that is really keeping the big schools in it....is not having to share football revenues with the NCAA.

As the NCAA is a voluntary orginisation, there is no requirement for due process. I do think at some point, this may be something that could break the NCAA.

[markymark550]

No school/conference will break away unless they know for certain they could make more money than they are currently making. Breaking away and being an independent conference or new NCAA-type organization would likely lose the tax exempt status and I think the taxes alone would be enough to scare them from leaving the NCAA.

As for due process, the NCAA does have their own version of it. Allegations -> investigation -> findings/sanctions -> appeals -> appeal decision -> enforcement of any sanctions. Only in the most egregious situations (ie Penn State) do they circumvent that process.

[bdub]

completely agree with both of you. the tax exemption is keeping schools from leaving its really all about the money.

I think the only real way to make changes that will satisfy everyone is to put in effect some type of government legislation to apply rules of evidence. a big complaint especially after the Miami controversy is that the investigators don't have to follow rules of evidence. not sure how govt. could implement that but it would at least create a system where teams could get their "day in court" (the court could still be the ncaa though).

thanks and keep it coming!

[markymark550]

Not sure you'd want to bring the government into it. That typically creates more problems and headaches than solutions.

The NCAA does have protocols for gathering evidence, but in the Miami case the investigators just flat out disregarded those protocols. I do think investigative reform is needed, but I don't know if there really is a clear solution that will fix all of the problems.