read and writing a paper
EDUCATING ATHLETES
RE -ENVISIONING THE STUD ENT -ATHLETE MODEL
William W. Berry III *
This article contend s that if the NCAA and universities are serious about
saving the current student -athlete model, then they should double -down on
the concept of “student” in the student -athlete model. In particular, this paper
suggests that adopting a more realistic approach to educating athletes will
benefit both the universities and student -athletes, relieving pressure on the
current model and improving educational outcomes.
Specifically, this article argues for a revised student -athlete model. First,
the new model would require mandatory six -year scholarships for student -
athletes, and a reduct ion in the required academic hours “in -seas on” from 9 to
3. The model also mandates that students use their eligibility in the first four
years at the university. After student -athletes use their eligibility up over the
four years, half of their education will remain. The students can attempt to
become a professional athlete, but if that fails, they will have the opportunity
to engage academically for two years in a discipline that will prepare them for
the career they seek, rather than follow the path of least resistance to
graduati on . Indeed, this idea that graduation rates alone indicate the receipt of
a robust and valuable education, rather than a short -circuited and
compromised one, cheats many student -athletes of the education that they
deserve.
Part I of the article briefly describes the broken model of intercollegiate
athletics. In Part II, the article advances its central proposal for saving the
concept of student -athlete: six -year scholarships with a reduction to 3 hours
in-season for student -athle tes, coupled with a requirement of eligibility use in
the first four years. Part III concludes the paper by demonstrating how the
proposal can resuscitate the concept of student -athlete and why the proposal
can improve outcomes for universities and student -athletes alike.
* Assistant Professor of Law and Beccaria Scholar in Criminal Law, University of
Mississippi. The author thanks Woods Drinkwater for his valuable research assistance with the
article.
Electronic
copy
available
at
:
http
:
/
/
ssrn.com
/
abstract
=
2441219
2 WILLIAM W. BERRY III [2-Mar -14
TABLE OF CONTENTS
Introduction ................................ ................................ ................................ ............................ 3
I. The Broken Model of College Athletics ................................ ................................ ......... 9
A. The Model in Principle ................................ ................................ ............................ 9
B. The Model in Practice ................................ ................................ .............................. 10
1. Athletes Generate Revenue ................................ ................................ ......... 11
2. Athlete Compensation Limited to Education ................................ ............ 15
3. Education Compromised by Athletic Demands ................................ ........ 21
II. The Proposal ................................ ................................ ................................ ...................... 24
A. Mandate six -year scholarships for revenue -generating sports. ............................. 25
B. Reduce Academic Load to 3 hours during in -season semesters. .......................... 28
C. Reduce College Basketball Season to One Semester. ................................ ........... 30
D. Limit Eligibility to the First Four Years ................................ ................................ .. 31
III. Justifications ................................ ................................ ................................ ..................... 32
A. Amateurism Fails without Real Educational Opportunity ................................ .. 32
B. Students Deserve a Chance at an Education ................................ ......................... 33
C. Universities Have an Obligation to Educate ................................ ......................... 34
Conclusion ................................ ................................ ................................ .............................. 35
Electronic
copy
available
at
:
http
:
/
/
ssrn.com
/
abstract
=
2441219
2-Mar -14] EDUCATING ATHLETES 3
INTRODUCTION
It was the best of times, it was the worst of times .
– Charles Dickens 1
By any objective measure, intercollegiate athletics is thriving. 2 After
unprecedented growth over the past decade, the obsession with college sports,
particularly football and basketball, seems to deepen daily. 3 No longer limited to
the actual games, the interest in these sports co ntinues through the offseason,
with recruiting information and offseason practices garnering significant
attention. 4
The popularity of college football and basketball is at an all -time high, setting
television ratings records 5 and spawning high sales in me rchandise. 6 Television
1 CHARLES DICKENS , A TALE OF TWO CITIES (1859). 2 Indeed, many have noted the positive effects of such success on colleges and universities.
See , e.g. , Doug G. Chung, The Dynamic Advertising Effect of College Football , working paper,
available at http://www.hbs.edu/faculty/Publication%20Files/13 -067_86a0b712 -f29e -423f -
b614 -016 5b770dd65.pdf (study measuring the “Flutie Effect”); Devin G. Pope and Jaren C.
Pope, The Impact of College Sports Success on the Quantity and Quality of Student Applications ,
75 Southern Econ. J. 750 (2009)(noting the positive impact of football and bask etball) ; Devin G.
Pope and Jaren C. Pope, Understanding College Application Decisions: Why Sports Success
Matters , 15 J. SPORTS ECON . 107 (2014). 3 Eric Chemi, The Amazing Growth in College Football Revenues , BUSINESS W EEK .COM
(Sep. 26, 2013), http://www.businessweek.com/articles/2013 -09 -26/the -amazing -growth -in-
college -football -revenues . 4 In recent years, websites devoted to following the highest ranked high school players have
become increasingly popular. Dedicated fan bases tune in year rou nd. See, e.g. ,
http://basketballrecruiting.rivals.com, http://footballrecruiting.rivals.com,
http://espn.go.com/college -sports/football/recruiting/index , http://espn.go.com/college -
sports/basketball/recruiting/index . 5 Michael Humes, Hundreds of Millions of Fans Tune to Record -Setting College Football
Coverage across ESPN Networks , ESPN MEDIA ZONE (Dec. 10, 2013),
http://espnmediazone.com/us/press -releases/2013/12/hundreds -of-millions -of-fans -tune -to-
record -setting -coverage -across -espn -networks/ . Sara Bibel, 2013 NCAA Final Four is High est -
Rated and Most -View in Eight Years , ZAP 2IT (Apr. 7, 2013),
http://tvbythenumbers.zap2it.com/2013/04/07/2013 -ncaa -final -four -is-highest -rated -and -
most -viewed -in-eight -years/176862/ . 6 Darren Rovell, Texas leads in merchandise royalties , ESPN. COM (Aug. 12, 2013),
http://espn.go.com/college -football/story/_/id/9560094/texas -longhorns -again -top -
4 WILLIAM W. BERRY III [2-Mar -14
and the internet are certainly responsible for much of this growth. 7 Not only do
television contracts continue to break records at an almost exponential rate of
growth, but conferences and schools also have their own television netwo rks .8
This continued influx of capital manifests itself in expanded stadiums, 9 world -
class training facilities, 10 and escalating coaching salaries. 11
With the advent of a college football playoff, 12 the launch of the
Southeastern Conference (SEC) television n etwork in 2014, 13 and the
expansion of many stadiums, the potential for continued growth is obvious. 14
merchandise -sales -list . 7 Daniel Roberts, ESPN’s secret web weapon: ESPN3 , CNNM ONEY .COM (Jan. 22, 2014),
http://features.blogs.fortune.cnn.com/2014/01/22/espns -secret -web -weapon -espn3/ ; Adam
Kramer, Where Did All The College Football Fans Go? , BLEACHER REPORT (Oct. 17, 2013),
http://bleacherreport.com/articles/1814887 -where -did -all-the -college -football -fans -go. 8 Kristi Dosh, A comparison: Conference television deals , ESPN. COM (Mar. 19, 2013),
http://espn.go.com/blog/playbook/dollars/post/_/id/3163/a -comparison -conference -television -
deals . For instance, the University of Texas has its own channel.
http://www. sbnation.com/longform/2013/10/3/4798078/the -eye -of-texas -inside -the -
longhorn -networks -uncharted -television . 9 See , e.g. , Brian Bennett, Arms Race Proves Recession -Proof , ESPN .COM (June 14, 2012);
http://www.bcinterruption.com/2012/10/2/3440482/acc -football -arms -race -duke -wallace -
wade -stadium -expansion . 10 Oregon has one obvious example of this. See Peter Berkes, Incredible photos and video of
Oregon's new football facility , SBN ATION .COM (July 31, 2013), available at
http://www.sbnation.com/college -football/2 013/7/31/4574556/oregon -football -building -new ;
http://sportsillustrated.cnn.com/college -football/photos/1307/university -of-oregon -athletic -
facility -behind -scenes/ . 11 See , e.g. , Patrick Rishe, College Football Coaching Salaries Grow Astronomically Due to
Escalating Media Rights Deals , FORBES .COM (Nov. 20, 2012), available at
http://www.forbes.com/sites/prishe/2012/11/20/college -football -coaching -salaries -grow -
astronomically -due -to-escalating -media -rights -deals/ ; Allie Grasgreen, Coaches Make More
Than You , INSIDE HIGHER ED.COM (Nov. 7, 2013), available at
http://www.insidehighered.com/news/2013/11/07/football -coach -salaries -10 -percent -over -
last -year -and -top -5-million . 12 See , e.g. , Heather Dinich, Playoff Plan to Run Through 2025 , ESPN .COM (June 27, 2012),
available at http://espn.go.com/college -football/story/_/id/8099187/ncaa -presidents -approve -
four -team -college -football -playoff -beginning -2014 . 13 Richard Sandomir, SEC Will Start TV Network in 2014 , NYT IMES .COM (M ay 2, 2013),
http://www.nytimes.com/2013/05/03 /sports/ncaafootball/sec -will -have -own -tv-network -
starting -in-2014.html?_r=0 . See http://www.getsecnetwork.com 14 See , e.g. , Dennis Dodd, College football in 2012 more about growth potential than settling
in, CBSS PORTS .COM (Jan. 1, 2012), available at
2-Mar -14] EDUCATING ATHLETES 5
Indeed, by many estimations, intercollegiate athletics has far to go to reach its
saturation point, despite its overwhelming current popularity. 15
And yet, the status quo is troubling. 16 Despite the economic growth, only a
handful of universities have athletic departments that yield an annual profit. 17
Indeed, the average athletic department runs an annual deficit of over one
million dollars. 18 In addition, most schools rely heavily on student fees to
subsidize the athletic department. 19
Since 2011, the number of major National Collegiate Athletic Association
(NCAA ) violations has been unprecedented, with major scandals at athletic
powerhouses li ke Miami, 20 North Carolina, 21 Ohio State, 22 Tennessee, 23
http://www.cbssports.com/collegefootball/story/16669574/college -football -in-2012 -more -
about -growth -potential -than -settling -in. 15 Id. 16 See , e.g. , Charles Clotfelter, 5 Problems to Tackle in Big College Sports , AJC. COM (July 2,
2012), http://www.ajc.com/new s/news/opinion/5 -problems -to-tackle -in-big -college -
sports/nQWxW/ ; Jason Whitlock, Making the Wrong Argument , ESPN .COM (Sept. 13, 2013),
http://espn.go.com/espn/story/_/id/9669762/investigative -stories -distract -real -issues -sports ;
Nick Veronica, College s ports and money: Decades -old issues remain unresolved , POST -
GAZETTE .COM (June 16, 2013), http://www.post -
gazette.com/sports/college/2013/06/16/College -sports -and -money -Decades -old -issues -remain -
unresolved/stories/201306160224#ixzz2ukNq2FNx . 17 Steve Berko witz, Jodi Upton, and Erik Brady, Most NCAA Division I athletic
departments take subsidies , USA TODAY .COM (Jul. 1, 2013),
http://www.usatoday.com/story/sports/college/2013/05/07/ncaa -finances -
subsidies/2142443/ . 18 Id. ; http://www.knightcommission.org/colle gesports101/chapter -2. 19 This is particularly damaging in a time when higher education more generally is coming
under attack for its high tuition levels. Id. See Jon Solomon, Alabama universities spend money at
a faster rate on athletics than academics , AL .COM (Dec. 4, 2013),
http://www.al.com/sports/index.ssf/2013/12/alabama_universities_spend_mon.html . 20 Jorge Milian, NCAA investigators in Miami Hurricanes’ booster scandal probe under
investigation , PALM BEACH POST .COM (Jan. 23, 2013),
http://www.palmbeachpost.com/news/sports/college -football/ncaa -investigators -in-um -
booster -scandal -probe -und/nT5RH/ . 21 Dan Kane, A former UNC dean recalls athletes unable to do college -level work ,
CHARLOTTE OBSERVER .COM (Jan. 31, 2014),
http://www.charlot teobserver.com/2014/01/30/4652834/a -former -unc -dean -recalls -
athletes.html#.UwLE_PldUsp . 22 Nick Carbone, Ohio State Hit with One -Year Bowl Ban Overe Bribery Scandal ,
TIME .COM (Dec. 20, 2011), http://newsfeed.time.com/2011/12/20/ohio -state -hit -with -one -
6 WILLIAM W. BERRY III [2-Mar -14
Oregon, 24 and Oklahoma State. 25 The child sex abuse scandal at Penn State 26
further sounded the alarm that the culture surrounding intercollegiate athletics
has reached a dangerous level at many universitie s.
Perhaps most disconcerting, the academic experience of student -athletes is,
in many situations, a compromised one. 27 By any estimation, the in -season
demands on college football and basketball players are that of a full -time job. 28
Student -athletes often spend over forty hours or more a week in season,
including practices, meetings, and tea m activities, travel, and the competitions
themselves .29
Couple that reality with the reduced academic credentials of many of these
athletes when they arrive on campus, and the likelihood of such students
receiving a robust college education becomes vastly diminished. 30 To expect
students who are often underprepared for higher education to balance the
year -bowl -ban -over -bribery -scandal/ . 23 Andy Glockner, Tennessee sex scandal could grow quickly if academics are involved ,
COLLEGE BASKETBALL ON SPORTS ILLUSTRATED .COM (May 14, 2013), http://colle ge-
basketball.si.com/2013/05/14/tennessee -sex -scandal -could -grow -quickly/ . 24 Reports: ‘Major’ violations occurred , ESPN .COM (Apr. 16, 2013),
http://espn.go.com/college -football/story/_/id/9177148/ncaa -oregon -ducks -agree -major -
violations -committed -football -program . 25 Scott Coleman, Oklahoma State football accused of money ‘bonus program’ for players ,
SBN ATION .COM (Sep. 7, 2013), http://www.sbnation.com/college -
football/2013/9/7/4705460/joe -defrost -oklahoma -state -west -virginia -sports -illustrated -report . 26 Bill Chappell, Penn State Abuse Scandal: A Guide and Timeline , NPR. ORG (Jun. 21,
2012), http://www.npr.org/2011/11/08/142111804/penn -state -abuse -scandal -a-guide -and -
timeline . 27 See , e.g. , Peter Adler and Patricia A. Adler, From Idealism to Pragmatic Detachm ent: The
Academic Performance of College Athletes , 58 SOC . OF EDUC . 241 (1985). 28 Lynn O’Shaughnessy, Do College Athletes Have Time to Be Students? , CBSN EWS .COM
(Feb. 18, 2011), http://www.cbsnews.com/news/do -college -athletes -have -time -to-be-students/ . 29 David Moltz, How Athletes Spend Their Time , INSIDE HIGHER ED (Feb. 14, 2011),
http://www.insidehighered.com/news/2011/02/14/ncaa_survey_details_a thletes_missed_class
_time . See, Time Demands, 2011 NCAA GOALS and SCORE studies, page 16,
http://www.ncaa.org/sites/default/files/Goals10_score96_final_convention2011_public_versio
n_01_13_11.pdf . 30 Doug Lederman, The Admissions Gap for Big -Time Athletes , INSIDE HIGHER ED (Dec.
29, 2008), http://www.insidehighered.com/news/2008/12/29/admit , Allison Go, Athletes
Show Huge Gaps in SAT Scores , USN EWS .COM (Dec. 30, 2008),
http://www.usnews.com/e ducation/blogs/paper -trail/2008/12/30/athletes -show -huge -gaps -in-
sat -scores . 2-Mar -14] EDUCATING ATHLETES 7
demands of a full -time athletic commitment with a full schedule of classes seems
shortsighted.
The responses to this combination of athletic and academic pressure are well
known. Clustering of majors , excessive reliance on academic tutors, and
restriction s in available class offerings are all commonplace, even at the top
public universities in the country. 31 Even worse, cutting corners through
prohibited methods, including academic fraud, continue to persist. 32
The pending O’Bannon lawsuit has again raised q uestions about the
propriety of the NCAA’s amateurism model, arguing that student -athletes
should receive compensation for their athletic contributions, including for the
use of their likenesses by the NCAA. 33 Similarly, the football team at
Northwestern Un iversity has recently filed for status as a labor union with the
National Labor Relations Board. 34
The NCAA continues, as it has done for a number years, to argue that the
principle of amateurism is crucial to preserving the student -athlete model that
has p ersisted over the past half century. While this has often been a successful
litigation strategy, 35 the commercialization of intercollegiate athletics over the
past decade begs the question whether the NCAA can continue to adhere to this
model. 36
31 Paul M. Barrett, In Fake Classes Scandal, UNC Fails Its Athletes —and Whistle -Blower ,
BUSINESSWEEK .COM (Feb. 27, 2014), http://www.businessweek.com/articles/2014 -02 -27/in -
fake -classes -scandal -unc -fails -its-athletes -whistle -blower ; Ella Powers, Athletic Fraud in
Collegiate Athletics , INSIDE HIGHER ED (Oct. 2, 2007),
http://www.insidehighered.com/news/2007/10/02/fraud 32 Id. 33 Mark Koba, The lawsuit that could reshape college sports , CNBC. COM (Dec. 21, 2013),
http://www.cnbc.com/id/101285999 . 34 Chip Patterson, Northwestern players start union movement in college athletics , CBS
SPORTS .COM (Jan. 28, 2014), http://www.cbssports.com/collegefootball/eye -on-college -
football/24422752 /northwestern -players -start -union -movement -in-college -athletics . Petition
available at http://www.chicagotribune.com/media/acrobat/2014 -01/359300200 -
28125606.pdf . 35 See , e.g. , Hysaw v. Washburn University of Topeka, 690 F.Supp. 940 (D. Kan. 1987),
Waldrep v. Texas Employers Insurance Assn., 21 S.W.3d 692 (Tex. App. 2000), NCAA v.
Tarkanian, 488 U.S. 179 (1988), NCAA v. Smith, 525 U.S. 459 (1999), Brennan v. Board of
Trustees, 691 So. 2d 324 (La. App. 1 Cir. 1997), Bloom v. CAA, 93 P.3d 621 ( Colo. Ct. App.
2004) ; But see NCAA v. Board of Regents of Oklahoma, 468 U.S. 85 (1984) . 36 See , e.g. , Joe Nocera, Let’s Start Paying College Athletes , NYT IMES .COM (December 30,
8 WILLIAM W. BERRY III [2-Mar -14
This article contend s that if the NCAA and universities are serious about
this model, then they should double -down on the concept of “student” in the
student -athlete model. In particular, this paper suggests that adopting a more
realistic approach to educating athlete s will benefit both the universities and
student -athletes, relieving pressure on the current model and improving
educational outcomes.
Specifically, this article argues for a revised student -athlete model. First, the
new model would require mandatory six -year scholarships fo r student -athletes ,
and a reduction in the required academic hours “in -seas on” from 9 to 3. The
model also mandates that students use their eligibility in the first four years at the
university. After student -athletes use their eligibil ity up over the four years, half
of their education will remain. 37 The students can attempt to become a
professional athlete, but if that fails, they will have the opportunity to engage
academically for two years in a discipline that will prepare them for t he career
they seek, rather than follow the path of least resistance to graduat ion . Indeed,
this idea that graduation rates alone indicate the receipt of a robust and valuable
education, rather than a short -circuited and compromised one, cheats many
studen t-athletes of the education that they deserve. 38
Part I of the article briefly describes the broken model of intercollegiate
athletics. In Part II, the article advances its central proposal for saving the
concept of student -athlete: six -year scholarships wi th a reduction to 3 hours in -
season for student -athletes, coupled with a requirement of eligibility use in the
first four years. Part III concludes the paper by demonstrating how the proposal
can resuscitate the concept of student -athlete and why the propo sal can improve
outcomes for universities and student -athletes alike.
2011); Taylor Branch, The Shame of College Sports , THE ATLANTIC .COM , (Sept. 7, 2011),
http://www. theatlantic.com/magazine/archive/2011/10/the -shame -of-college -sports/308643/ . 37 As discussed below, this proposal places no restriction on students completing their
education and graduating in four years. 38 What athletes “deserve” is certainly a debatable proposition. Here it simply refers to the
terms of the contracts that the student -athletes currently enter into with the University when
becoming student -athletes. 2-Mar -14] EDUCATING ATHLETES 9
I. THE BROKEN M ODEL OF COLLEGE ATHLETICS
A. The Model in Principle
For a generation or more, the NCAA has based its existence on
promulgating and defending the ideal of amateurism in intercollegiate
athletics. 39 Section 2.9 of the NCAA Constitution provides:
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 t o be derived. Student participation in intercollegiate athletics is an
avocation, and student -athletes should be protected from exploitation by
professional and commercial enterprises. 40
Not only does this principle clearly establish that intercollegiate a thletes should
not receive compensation for their participation, but also frames athletic
participation as an adjunct to higher education. 41 Indeed, this principle of
amateurism specifies that the primary motivation for participation in college
sports is “e ducation.” 42 In other words, the NCAA model of student -athlete
characterizes athletic participation as an “avocation,” a hobby or extra -curricular
activity that helps to diversify and enhance a student’s education. 43 Using the
NCAA’s own model, then, the mos t accurate definition of student -athlete 44 is
simply “student,” as the athletics is simply part of the education. 45 Recent
advertisements by the NCAA, which emphasize that student -athletes typically
“go pro” in many other vocations besides athletics, highlig ht this theoretical
39 See , e.g. , Anna McCullough, Ancient Gree k “Amateurism,” the NCAA, and the Courts,
INT ’L J. OF THE HISTORY OF SPORT (2014); Patrick Dobel, The Beleaguered Ideal: Defending
NCAA Amateurism , (2012), manuscript available at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2028182 . 40 NCAA CONSTITUT ION AND BY-LAWS , at 4 (2013 -14). 41 Id. 42 Id. 43 Id. 44 Interestingly, former NCAA executive director Walter By ers coined this phrase. See
Tom Ferrey, “ Student -Athlete” Term in Question , ESPN .COM (September 19, 2012)
http://espn.go.com/espn/otl/story/_/id/83 96753/ncaa -policy -chief -proposes -dropping -student -
athlete -term . 45 See NCAA CONSTITUTION AND BY-LAWS , supra note xx. 10 WILLIAM W. BERRY III [2-Mar -14
frame. 46
By tying the athletic experience to the academic one, the NCAA justifies its
model of amateurism. If students are merely participants in a university, then the
NCAA and its member institutions then have a duty to protect these a thletes
from “exploitation by professional and commercial enterprises.” 47 This
paternalistic approach, and any legitimacy it might possess, rests on the concept
that the goal of the student -athletes in participation in athletics is purely
educational. 48
Before going further, it is important to emphasize the nature of the NCAA,
the organization promulgating this model of the amateur student -athlete. 49 The
presidents of the colleges and universities participating in the NCAA govern
it.50 Thus, a better unders tanding of the NCAA is not as some external body
imposing its will on colleges and universities, but rather an encapsulation of the
majority will of the colleges and universities with respect to intercollegiate
athletics. 51
B. The Model in Practice
Given the NCAA’s model, then, it is interesting to examine how the
principle of amateurism intersects with the commercial realities of intercollegiate
football and basketball, both of which are, by any measure, big businesses. 52 In
46 NCAA Launches Latest Public Service Announcements, Introduces New Student -
Focused Website, NCAA. ORG (Mar. 13, 2007),
http://fs.ncaa.org/Docs/PressArchive/2007/Announcements/NCAA%2BLaunches%2BLatest
%2BPublic%2BService%2BAnnouncements%2BIntroduces%2BNew%2BStudent -
Focused%2BWebsite.html . 47 See supra note xx. 48 Indeed, this principle has saved the NCAA in a number of court cases. See supra note xx. 49 See supra note xx (Walter By ers quote). 50 See § 4, NCAA Division I Manual,
http://www.ncaapublications.com/productdownloads/D114.pdf . 51 The complex governance stru cture of the NCAA, including its largely democratic voting
system results often in smaller universities (of which there are many) imposing their will upon
the larger universities. Indeed, much of the discussion within the NCAA recently has not been
over th e question of amateurism, but instead over the degree to which the big 5 conferences
(SEC, ACC, BIG 10, PAC 12, and BIG 12) can possess a greater level of autonomy within the
NCAA structure. 52 At least 20 collegiate basketball teams earn an estimated $8 mi llion in profit every season
2-Mar -14] EDUCATING ATHLETES 11
short, the current practice has t hree key aspects: (1) athletes generate revenue
through competition, (2) the NCAA limits athlete compensation for that
competition to the expenses of education (tuition, room, and board), 53 and (3) the
increased revenue related to the athletic competition p laces undue pressure
upon, and in many cases compromises the student’s “non -athletic” education. 54
Upon closer examination, these three elements raise serious questions about
whether the NCAA’s model is anything more than a sham, a cover to preserve a
statu s quo that has long departed from the initial vision of amateurism. Indeed,
the big business model that currently prevails allows virtually everyone —
administrators, coaches, institutions, alumni, fans, sponsors, networks —to profit
at the expense of the maj ority student -athletes . This is especially true for those
who are unable to be among the few who can “go pro” in football or basketball. 55
1. Athletes Generate Revenue
At the heart of the current manifestation of intercollegiate athletics is the
revenue -generating ability of college football and basketball. 56 This revenue
while a number of college football teams regularly bring in profits in excess of $30 million. Chris
Smith, Louisville Cardinals Lead The List of College Basketball’s Most Valuable Teams ,
FORBES .COM (Mar. 18, 2013), http://www.forbes.com/sites/chrissmith/2013/03/18/louisville -
cardinals -lead -the -list -of-college -basketballs -most -valuable -teams/ , Chris Smith, College
Football’s Most Valuable Teams 2013: Texas Longhorns Can’t Be Stopped , FORBES .COM (Dec.
18, 2013), http://www.forbes.com/sites/chrissmith/2013/12/18/college -footballs -most -
valuable -teams -2013 -texas -longhorns -cant -be-stopped/ . 53 See § 15.1 Maximum Limit on Financial Aid —Individual, 2013 -2014 NCAA Division I
Manual, 194 available at http://www.ncaapublications.com/productdownloads/D114.pdf .
Although, the NCAA and a number of universities have indicated that these benefits fall sli ghtly
short of the total cost of education. As a result, in recent years the NCAA has considered
adoption of a small stipend on top of tuition, room, and board, but a majority of the membership
are against it because of its economic impact on athletic depa rtments. 54 This presumes, of course, that the NCAA’s characterization of athletics as education is an
accurate one. Many do not share this view. See , e.g. , Sarah Ganim, Some College Athletes Play
Like Adults, Read Like Fifth Graders , CNN .COM (January 8, 2 014),
http://www.cnn.com/2014/01/07/us/ncaa -athletes -reading -scores/ ; Gary Gutting, The Myth
of the Student -Athlete , NYT IMES .COM (March 15, 2012),
http://opinionator.blogs.nytimes.com/2012/03/15/the -myth -of-the -student -athlete/ . 55 Probability of Competing Beyond High School, NCAA. ORG (Sep. 2013),
http://www.ncaa.org/about/resources/research/probability -competing -beyond -high -school . 56 Kristi Dosh, Which Football and Basketball Programs Produce the Largest Profits? ,
12 WILLIAM W. BERRY III [2-Mar -14
comes from several primary sources: television networks, advertisements, ticket
and merchandise sales, and private donations. 57 For instance, in the
Southeastern Conference (SEC), television networks ESPN and CBS pay a
whopping $ 205 million to televise their football games annually. 58 In addition,
ESPN and the SEC are launching a new network, the SEC Network , in 2014,
to provide coverage of SEC sports 24 hours a d ay. 59
While, in theory, this influx of money could benefit the universities
themselves, most schools 60 put most of this profit back into the sports that
generate the income , as well as support the other non -revenue sports of the
university. 61 With the constan t pressure to win from rabid fan bases, athletic
departments spare no expense when attempting to recruit the best high school
athletes. 62 This includes use of private jets, helicopters, and other travel
expenses, as coaches spend significant time and energy courting star players. 63
Coaches realize that recruiting the right athletes is the difference between
another multi -million dollar contract and a pink slip. 64
BUSINESS OF COLLEGE SPORTS .COM (Jun. 20, 2011),
http://businessofcollegesports.com/2011/06/20/which -football -and -basketball -programs -
produce -the -largest -profits/; 57 See supra note xx. 58 Mike Ozanian, Deal Between ESPN and SEC Likely The Richest Ever , FORBES .COM
(May 31, 2013), http:// www.forbes.com/sites/mikeozanian/2013/05/31/deal -between -espn -
and -sec -conference -likely -the -richest -ever/ . 59 Chris Suarez, ESPN and SEC to air new 24 -hour network , ONCAMPUS SPORTS .COM
(May, 2013), http://oncampussports.com/2013/05/espn -and -sec -to-air-new -24 -hour -network/ . 60 Some universities do share this largesse with their athletic programs. See supra note xx. 61 Indeed, without the revenue from college football and college basketball, many athletic
departments would struggle to field teams in non -revenue s ports given the costs of coach salaries,
travel, scholarships, and upkeep of facilities. 62 Alica Jessop, The Economics of College Football: What the Top -25 Teams Spend on
Recruiting , FORBES .COM (Aug. 31, 2013),
http://www.forbes.com/sites/aliciajessop/201 3/08/31/the -economics -of-college -football -what -
the -top -25 -spend -on-recruiting/ . 63 See , e.g. , Mitch Sherman, Balancing the Recruiting Budget , ESPN .COM (June 12, 2012),
http://espn.go.com/college -sports/recruiting/football/story/_/id/8041461/the -cost -recruit ing . 64 Interestingly, firing a coach sometimes adds a significant cost, and can postpone any
corresponding benefit. See , e.g. , Jere Longman, Firing a Coach, at a Price, With Little Evidence
the Move Pays Off , NYT IMES .COM (November 28, 2012),
http://www.nytimes.com/2012/11/29/sports/ncaafootball/time -runs -out -but -not -the -money -
in-college -football -coaches -firings.html . 2-Mar -14] EDUCATING ATHLETES 13
And the pressure to recruit has led to a facilities “arms -race ” among
universities. 65 There is the consistent upgrading of facilities with each school
attempting to keep up with their peer schools. 66 The excesses of the physical
plant of the athletics department, particularly when compared to dilapidated
classrooms on the other side of many campuses, p aint an interesting picture of
where university priorities ultimately lie. 67 As a result, most athletic departments
run a deficit, and have to depend on outside revenue sources, including student
fees and alumni giving. 68
Even worse, the pressure to recruit has opened the door to a number of
questionable, and in some cases, illegal activities on the part of athletic
departments and universities. 69 Each athlete is able, under NCAA rules, to
65 David Harten, Dayton basketball getting a piece of $6 million athletic facilities upgrade ,
COLLEGE BASKETBALL TALK .COM (Jul. 29, 2013),
http://collegebasketballtalk.nbcsports.com/2013/07/29/dayton -basketball -getting -a-piece -of-6-
million -athletic -facilities -upgrade/ , Lindsay Schnell, Oregon State athletics: Beavers plan facility
upgrades, but with limited finances , OREGON LIVE .COM (Dec. 6, 2013),
http://www.oregonlive.com/beavers/index.ssf/2013/12/oregon_state_athletics_beavers.html ,
Joe Scalzo, YSU using upgrades to lure recruits , VINDY .COM (Jan. 26, 2014),
http://www.vindy.com/news/2014/jan/26/facilitating/ . 66 Brian Bennett, Arms race pro ves recession -proof , ESPN. COM (Jun. 14, 2012),
http://espn.go.com/college -football/story/_/id/8047787/college -football -facilities -arms -race -
proves -recession -proof . 67 Sean Gregory, Athletics Over Academics: The Growing College Sports Spending Gap ,
TIME .COM (Jan. 17, 2013), http://keepingscore.blogs.time.com/2013/01/17/athletics -over -
academics -the -growing -college -sports -spending -gap/ ; Brian Lee, Are college sports worth the
cost? , PBS. ORG (Mar. 7, 2011), http://www.pbs.org/wnet/need -to-know/pitchroom/are -coll ege -
sports -worth -the -cost/7827/ . 68 See , e.g. , http://espn.go.com/ncaa/revenue ; and
http://espn.go.com/ncaa/revenue/_/type/expenses ;
http://www.deltacostproject.org/sites/default/files/products/DeltaCostAIR_AthleticAcademic
_Spending_IssueBrief.pdf ; http://www.forbes.com/sites/sportsmoney/2011/05/05/does -
football -fund -other -sports -at-college -level/ 69 Doug Lesmerises, Tim Tebow's 8 -second call, pocket dials, Sports Illustrated's tobacco
reveal: Ohio State football's 2013 secon dary NCAA violation s, CLEV ELAND .COM (Feb. 24,
2014), http://www.cleveland.com/osu/index.ssf/2014/02/tim_tebows_8 -
second_call_pocke.html , Ryan Aber, OU releases list of self -reported N CAA violations ,
NEWS OK. COM (Feb. 18, 2014), http://newsok.com/ou -releases -list -of-self -reported -ncaa -
violations/article/3934985 , John Marshall, NCAA puts Or egon football on probation for
recruiting violations , W ASHINGTON TIMES .COM (Jun. 26, 2013),
http://www.washingtontimes.com/news/2013 /jun/26/ncaa -puts -oregon -football -probation -
14 WILLIAM W. BERRY III [2-Mar -14
participate in up to five “official visits” of campuses during the rec ruiting
process , which creates opportunities for malfeasance. 70
In many cas es, prospective student -athletes receive benefits, financial and
otherwise, as inducements to attend the university, despite NCAA rules
prohibiting such practices. Other actors also have tried to cash in as well. High
school coaches have demanded compensation to convince their students to
attend a particular university. 71 Similarly, parents of student -athletes have
demanded financial compensation, including automobiles and houses, in
exchange for their children attending a particular university. 72
Also, it is common practice for schools to employ cheerleaders and other
attractive female students as hostesses for the athletes on these visits. 73 Sadly,
some of these interactions have r esulted in sex scandals at several different
universities. 74
As with recruiting , the fan experience also becomes an important
consideration for university athletic departments. Stadium expansion and
addition of skyboxes and other amenities to improve the fa n experience at the
recruiting -vio/?page=all , Chip Patterson, Washington investigating alleged recruiting violations
under Sarkisian , CBSS PORTS .COM (Dec. 19, 2013),
http://www.cbssports.com/collegefootball/eye -on-college -football/24 380855/washington -
investigating -alleged -recruiting -violations -under -sarkisian . 70 § 13.6.2.2 Number of Official Visits —Prospective Student -Athlete Limitation, 2013 -
2014 NCAA Division I Manual, 101 available at
http://www.ncaapublications.com/productdownloa ds/D114.pdf . 71 FBI Investigates Allegation of Money Paid to Coach of High School Recruit,
LAT IMES .COM (Jan. 27, 2001), http://articles.latimes.com/2001/jan/27/sports/sp -17676 . 72 See Cecil Newton scandal: Auburn releases Cam Newton docs , ESPN. COM (Nov. 5,
2011), http://espn.go.com/college -football/story/_/id/7190987/auburn -tigers -records -reveal -
details -cam -newton -scandal . 73 Pete Thamel and Thayer Evans, N.C.A.A Puts Tennessee’s Recruiting Under Scrutiny ,
NYT IMES .COM (Dec. 8, 2009),
http://www.nytimes.com/2009/12/09/sports/ncaafootball/09tennessee.html?_r=2& . 74 George Dohrmann, Thayer Evans, and Melissa Segura, Special Report on Oklahoma
State Football: Part 4 – The Sex , SPORTS ILLUSTRATED .COM (Sep. 13, 2013),
http://sportsillustrated. cnn.com/college -football/news/20130913/oklahoma -state -part -4-the -
sex/ .,/., Scandal deepens with company’s confirmation , ESPN. COM (Feb. 10, 2004),
http://sports.espn.go.com/ncf/news/story?i d=1731589 , Mindy Sink, COLLEGE FOOTBALL;
Rape Inquiry Involves Players From Colorado , NYT IMES .COM (Dec. 15, 2001)
http://www.nytimes.com/2001/12/15/sports/college -football -rape -inquiry -involves -players -
from -colorado.html . 2-Mar -14] EDUCATING ATHLETES 15
game, and in doing so, extract more money for tickets, concessions, and
merchandise. Indeed, college revenue sports remain at the center of a feeding
frenzy that by many estimates has not reached its saturation point.
2. Athlete Compensat ion Limited to Education
Despite the influx of capital and revenue resulting directly from the
performance of student -athletes in football and basketball games, the NCAA
prohibits athletes from receiving any compensation for their efforts. 75 Under its
prin ciple of amateurism, the NCAA insists that student -athletes remain
amateurs in every sense of the word. 76
For instance, the NCAA does not allow student -athletes to participate as a
professional in one sport while maintaining amateur status in another. 77 One
particularly telling example is that of former Olympic skier Jeremy Bloom .78 A
world champion before attending college, Bloom wanted to receive endorsement
money related to his skiing while playing college football at the University of
Colorado. The NCAA d enied him this opportunity, requiring him to eschew
such opportunities to maintain his eligibility as an amateur. 79
The NCAA also denies student -athletes the ability to profit from sales of
merchandise, even when such merchandise directly relates to their performance
on the field or court. S tudent -athletes may not derive income from s ales of
jerseys with their name and number on them, photographs of their games, video
reproductions of the games, and other similar items, despite the financial
windfall that t hey provide to the university. Student -athletes such as former
Michigan basketball player Chris Webber have questioned this situation,
finding a fundamental problem with the university and/or NCAA profiting off
their name at a time when they could not affo rd to buy the jersey with their
name on it. 80
75 2013 – 2014 NCAA Division I Manu al § 12.1.2,
http://www.ncaapublications.com/productdownloads/D114.pdf . 76 Id. and at § 12.02.4 77 NCAA Division I Manual § 12.02.4 78 Bloom v. National Collegiate Athletic Ass’n, 93 P.3d 621 ( Colo. Ct. App. 2004). 79 Bloom challenged this in court and lost, based largely on the Court’s affirmation of the
NCAA’s principle of amateurism. Id. 80 ESPN 30 for 30, The Fab Five (2013). 16 WILLIAM W. BERRY III [2-Mar -14
Even more limiting, athletes cannot receive any compensation for things that
they possess. 81 Athletes may not sell their old uniforms, championship rings, or
other memorabilia, or they lose their status as amate urs. 82 A number of Ohio
State football players, including star quarterback Terrell e Pryor, violated this
rule and received suspensions for selling their rings and jerseys in exchange for
tattoos. 83
Similarly, student -athletes may not sell their autographs, make photographs,
or use their likeness to advertise for anything, even non -profit organizations. 84
The NCAA investigated Texas A&M star quarterback Johnny Manziel at the
beginning of the 2013 football season based on allegations that he had sold
memorabili a with his autographs .85
These limitations exist despite the own marketing and advertising efforts of
the NCAA and the universities. Perhaps most egregious is the licensing of
student -athlete likenesses to video game companies, which generate d revenue
for the NCAA and its member schools. 86 The O’Bannon case, pending at the
time of this writing, challenges this use of player likenesses. 87 The video game
company, EA Sports, has settled its part of the lawsuit with the plaintiffs, and
has discontinued its colle ge sports video games. 88 The NCAA continues to
81 2013 – 2014 NCAA Division I Manual § 12.5.2.1,
http://www.ncaapublications.com/productdownloads/D114.pdf . 82 2013 – 2014 NCAA Division I Manual § 12.5.2.1,
http://www.ncaapublications.com/productdownloads/D114.pdf . 83 Starting Blocks, Terrelle Pryor under investigation by the NCAA and Ohio State on
allegations he received cars, other benefits: Report , CLEVELAND .COM (May 30, 2011),
http://www.cleveland.com/ohio -sports -blog/index.ssf/2011/05/post_177.html . 84 2013 – 2014 NCAA Division I Manual § 12.5.2.1,
http://www.ncaapublications.com/productdownloads/D114.pdf . 85 Peter Berkes, Johnny Manziel briefly suspended, e nding NCAA autographs investigation ,
SB NATION .COM (Aug. 28, 2013), http://www.sbnation.com/college -
football/2013/8/28/4668634/johnny -manziel -suspended -texas -a-m. 86 Chris Smith, NCAA Football Video Game Is Worth Over $75,000 Per Year For Top
Teams , FORBES .COM (Aug. 22, 2013),
http://www.forbes.com/sites/chrissmith/2013/08/22/ncaa -football -video -game -is-worth -over -
75000 -per -year -for -top -teams/ . 87 Robert Wheel, Ed O’Bannon vs. the NCAA: The lawsuit explained , SB NATION .COM
(Jan. 31, 2013), http://www.sbnati on.com/college -football/2013/1/31/3934886/ncaa -lawsuit -
ed-obannon. 88 Steve Eder, E.A. Sports Settles Lawsuit With College Athletes , NYT IMES .COM (Sep. 26,
2013), http://www.nytimes.com/2013/09/27/sports/ncaafootball/ea -sports -wont -make -
2-Mar -14] EDUCATING ATHLETES 17
defend its role in the case, which now includes all uses of current student
likenesses. 89
One word encapsulates the justification for the limitations imposed by the
NCAA on the ability of student -athletes to e arn money: amateurism. 90 The
NCAA has long reasoned that allowing student -athletes to receive any form of
compensation will compromise its mission. 91 Further, allowing any
remuneration for the athletes will destroy the integrity of intercollegiate
athletics. 92
As each year passes, this justification becomes increasingly thin, for several
reasons. First, as mentioned above, the amount of capital and the sheer
magnitude of the business that is intercollegiate athletics becomes such that the
divide between unpaid athlete and compensated university becomes
unsupportable. It is difficult to tell student -athletes that it is improper for anyone
to help them pay for a bus ticket home when assistant coaches have million
dollar salaries (much less the head coaches with multi -million dollar salaries). 93
Second, this gap gives rise to cheating under the NCAA rules. It has been a
significant problem for decades, but is reaching unforeseen depths. 94 By any
estimation, 2011 was the “year of the scandal” in college footba ll, and the
problems do not seem to be dissipating any time soon. 95 Oregon , Ohio State,
college -video -game -in-2014.html?_r=0 . 89 Stewart Mandel, Judge allows Ed O’Bannon v. NCAA to proceed to trial ,
SPORTS ILLUSTRATED .COM (Feb. 20, 2014), http://sportsillustrated.cnn.com/college -
football/news/20140220/ed -obannon -lawsuit -proceeds -to-trial/ . 90 See supra note xx. 91 NCAA prez: Stipend not ‘pay -for -play’ , ESPN. COM (Nov. 3, 2011),
http://espn.go.com/college -sports/story/_/id/7187028/ncaa -stipend -not -lean -pay -play -
president -mark -emmert -says 92 Id. 93 College Coach Salaries, USA TODAY .COM ,
http://www.usatoday.com/sports/co llege/salaries/ . 94 See NCAA Legislative Services Database Search available at
https://web1.ncaa.org/LSDBi/exec/miSearch , Doug Lederman, Half of big -time NCAA
programs had major violations , USAT ODAY .COM (Feb. 7, 2011),
http://usatoday30.usatoday.com/sports/college/2011 -02 -07 -ncaa -infractions_N.htm , Doug
Lederman, Bad Apples or More? , INSIDE HIGHER ED (Feb. 7, 2011),
http://www.insidehighered.com/news/2011/02/07/ncaa_punishes_almost_half_of_members_o
f_football_bowl_subdivision_for_major_rules_violations . 95 Mike Huguenin, NCAA Football in 2011: Year of the scandal , YAHOO .COM (December
18 WILLIAM W. BERRY III [2-Mar -14
Southern California, LSU, Auburn, Tennessee, North Carolina and Miami all
had major scandals that raised serious questions about the influence of money in
intercollegiat e athletics and the lack of commitment to education. 96 Of these, the
North Carolina scandal, which involved widespread academic fraud for over a
decade, was the most egregious with respect to academics. 97 And the Miami
scandal exceeded any scheme of paying p layers since the Southern Methodist
scandal in the 1980’s in which it received the death penalty. 98
The volume of such scandals at high profile programs blackened the image
of intercollegiate athletics and raised new questions about the ability of the
NCAA to regulate the universities in any meaningful way. 99 To make matters
worse, unethical tactics used by NCAA investigators in the investigation of
Miami, brought the NCAA itself its own set of negative publicity. 100
Third, the exultation of intercollegiate athletics has reached such a pinnacle
that criminal behavior goes unreported in an effort to protect the good name of
the program .101 The child sex abuse allegations at Penn State are the paradigm
example of allowing the allure of a successful program to clo ud the judgment of
officials —both athletic and academic . Jerry Sandusky, an assistant football coach
and later a consultant to the program, engaged in numerous incidents of sexual
abuse of children within the football facilities. Despite evidence that many
members of the athletic department were aware of such allegations, including
head coach Joe Paterno, many of these incidents went unreported for over a
decade. 102
Fourth, the tuition, room, and board amounts are increasingly unable to
cover the basic needs of the student -athlete. 103 The NCAA has recognized this,
and in 2012, proposed the award of a $2000 stipend to student -athletes.
Characterized as a supplement to cover the cost of attendance , the NCAA
27, 2011) http://sports.y ahoo.com/news/ncaa -football -2011 -scandal -091200840 --ncaaf.html . 96 See supra notes xx -xx. 97 Id. 98 Id. 99 Id. 100 Id. 101 Id. 102 Id. 103 Nina Mandell, Why Full Scholarships and Stipends Don’t Always Add Up For Student -
Athletes , THE POST GAME (Jul. 30, 2013), http://www.thepostgame.com/blog/daily -
take/201307/living -high -life -not -so-much -college -athletes -say . 2-Mar -14] EDUCATING ATHLETES 19
membership ultimately voted against this reform .104 The neg ative vote most
likely stemmed from the smaller colleges and universities that make up a
majority of the NCAA being unable to afford such a stipend for all of their
student -athletes. Under Title IX, the universities would be obligated to pay such
a stipend equally to male and female athletes.
Finally, the reality of big -time college sports looks nothing like the amateur,
intramural type of competition that comports with the original vision of student -
athlete. 105 Rather than small competitions attended by frie nds and family
members, many contests involve over 100,000 spectators, plus mill ions more
watching on television. The practical reality is certainly a far cry from its humble
beginnings.
As this pressure cooker continues to tighten, particularly with the i mpending
O’Bannon lawsuit, the primar y response from the NCAA is that student -
athletes do receive sufficient compensation for their efforts: a university
education, including room and board. 106 At prestigious private universities like
Stanford, Duke, Northwe stern, and Vanderbilt, this argument gains more
traction, as annual tuition at those institutions can exceed $50,000. 107 Even at
public universities, the cost of higher education is not insignificant, and reflects a
meaningful financial benefit. 108
And pressur e from the NCAA increasingly results in student -athletes
receiving degrees from these institutions , not just attending them. 109 As part of
104 Jeremy Fowler, NCAA president Mark Emmert hopes to unveil new stipend plan in
April, CBSS PORTS .COM (Jan. 1. 2013)
http://www.cbssports.com/collegefootbal l/writer/jeremy -fowler/21483211/ncaa -
president -mark -emmert -hopes -to-unveil -new -stipend -plan -in-april . 105 Former NCAA Executive Director Walter By ers coined this phrase. 106 107 Tuition and Fees, 2013 -14, STANFORD .EDU ,
http://www.vanderbilt.edu/financialaid/cos ts.phphttps://studentaffairs.stanford.edu/registrar/
students/tuition -fees_13 -14 , Cost & Financial Aid, DUKE .EDU ,
http://admissions.duke.edu/application/aid , Tuition, Fees, And Expenses,
NORTHWESTERN .EDU , http://www.ugadm.northwestern.edu/financial -aid/tuition -fees -and -
expenses.html , Costs for 2013 -2014, VANDERBILT .EDU ,
http://www.vanderbilt.edu/ financialaid/costs.php . 108 What’s the Price Tag for a College Education?, COLLEGEDATA .COM ,
https://www.collegedata.com/cs/content/content_payarticle_tmpl.jhtml?articleId=10064 . 109 A recent study believes that the NCAA’s method of measurement is skewed becau se it
includes part time and non -traditional students instead of comparing only traditional, full -time
20 WILLIAM W. BERRY III [2-Mar -14
its effort to emphasize academic education, the NCAA has heighted its
academic standards in the past decade, both with respect to eligibility
requirements for scholarships and eligibility requirements during college.
Currently, the NCAA requires completion of 16 core high school courses, 110
as well as a minimum combined GPA and SAT/ACT on the NCAA’s sliding
scale. 111 On this scale, there is a minimum GPA of 2.00, and the minimum
ACT/SAT inversely dependent upon GPA ; the higher GPA, the lower the
required standardized test score .112 A GPA of 2.00, for instance requires an
SAT of 1010 or an ACT of 86, while a 3.00 GPA only requires an SAT of 620
or an ACT of 52. 113 At the other end of the scale, a GPA of 3.550 requires an
SAT of 400 and an ACT of 37.
In addition to the eligibility requi rements for incoming students, the NCAA
attempts to promote academics through its Academic Progress Rate (“APR”)
system .114 The APR measures academic eligibility and graduation rates of
students. 115 Beginning with the 2012 -13 championships, teams without eithe r
an APR average of 900 over 4 years or an average of 930 over the most recent
students. See http://www.in sidehighered.com/quicktakes/2013/09/27/report -football -players -
graduate -rates -lower -non -athletes and http://www.outsidethebeltway.com/why -athletes -
graduate -at-higher -rate -than -other -students/ . Others contest this allegation of bias.
http://www.tidesport.org/Grad%20Rates/2012_Bowl_Study.pdf
http://www.tidesport.org/Grad%20Rates/2013%20Men's%20Basketball%20Tournament
%20Teams%20Study.pdf 110 These include 4 years of English, 3 years of mathematics (Algebra I or higher), 2 ye ars of
natural / physical science, 1 year of additional English, mathematics, or science, 2 years of social
science, 4 years of additional courses (from the above areas, foreign language or comparative
religion / philosophy. http://fs.ncaa.org/Docs/eligibility_center/Quick_Reference_Sheet.pdf .
Beginning in 2016, prospective student -athletes must have completed 10 of these courses by the
end of their junior year. Id. 111 Id. 112 Id. 113 Id. In 2016, the numbers at the bottom of the scale will increase slightly. Id. 114 http://www.ncaa.org/about/resources/research/academic -progress -rate -apr . 115 While eligibility requirements make the individual student -athlete accountable, the
Academic Progress Rate creates a level of institutional responsibility. The Academic Progress
Rate is a Division I metric developed to track the academic achievement of teams each academic
term. Each student -athlete receiving athletically related financial aid ear ns one retention point
for staying in school and one eligibility point for being academically eligible. A team’s total points
are divided by points possible and then multiplied by one thousand to equal the team’s Academic
Progress Rate score. Id. 2-Mar -14] EDUCATING ATHLETES 21
two years are eligible to compete. 116 Teams that fall short are not. 117 In addition,
the NCAA imposes three levels of penalties for low APR scores. 118 The first
level reduces the numb er of hours of practice per 5 days from 20 to 16 hours,
with the 4 hours used for academic activities. 119 The second level adds
competition reductions. 120 The third level provides for more serious penalties,
including coaching suspensions, financial aid reduct ions, and restricted NCAA
membership. 121
Graduation rates reflect this pressure, with student -athletes graduating at a
higher rate than non -student -athletes at a number of institutions. 122 Further,
these results speak to the outstanding efforts of many athleti c departments to
educate their students in the classroom, particularly in light of the lack of college
preparedness of many student -athletes. The resources invested in keeping
athletes eligible, including vast tutoring resources, complicated tracking syste ms,
robust enforcement of class attendance, all are important contributions to the
educational development of student -athletes. Indeed, for programs to remain
successful, they must, at all costs, keep their student -athletes academically
eligible and ultima tely graduate them.
The deeper issue, though, is whether these graduation rates reflect the
provision of a robust education. As financial pressures begin to compromise
every other aspect of the student -athlete model, it seems unreasonable to expect
that ac ademics can remain insulated. The next section explores this question.
3. The Potential of Athletic Demands to Compromise Academic Education
A close examination of the provision of academics to student -athletes
reflects, at best, a system that compromises many of the NCAA’s core ideas of
student -athlete. As discussed below, several problems persist, including
clustering of majors, focus on eligibility to the detriment of academic
116 These n umbers increase to 930 and 940, respectively, for 2014 -15, and become a four
year average of 930 in 2015 -16 and beyond. Id. 117 Id. 118 Id. 119 Id. 120 Id. 121 Id. 122 Id. 22 WILLIAM W. BERRY III [2-Mar -14
achievement, heavy reliance on tutors, unrealistic expectations placed on
unq ualified s tudents, athletic participat ion requirements exceed those of an
average full -time job, and most disturbing, pure academic fraud.
a. Clustering of Majors
One recent phenomenon among student -athletes is the clustering of
majors —where student -athletes in the same sport all choose the same major. 123
One study indicated that over half of the BCS schools had student -athletes
clustered in majors. 124 In the abstract, this reality might be innocuous, as
student -athletes perhaps have similar acade mic interests. The truth, however,
might be more troubling —that student -athletes seek out the path of least
resistance with respect to their academic schedule. In other words, student -
athletes and their coaches learn, over time, which classes are “athlete -friendly.”
To the degree to which this is really happening, the academic education of
student -athletes serves the primary purposes of eligibility and graduation, and
arguably undermines the academic education itself.
Given that the subjects of the cluster ing are different at different
institutions, it seems to indicate that, at the very least, athletes face some cultural
restrictions in the type of classes that they can choose to take. That is not to say,
that some student -athletes may not be receiving rob ust educations. The
clustering merely raises important questions about the degree to which the
external pressures and demands of athletics limit the ability of one to pursue
certain educational paths.
b. Pressures of Eligibility Requirements
Similarly, the pressure to remain eligible, particularly in light of the APR
consequences, also favors the path of least resistance. The NCAA’s stated goal
of universities providing the student -athlete with a robust academic education
can easily fall prey to the more imminent goal of remaining eligible to play.
Despite the student -athlete’s academic interests, the difficulty level of certain
123 http://www.insidehighered.com/news/2008/11/20/cluster ;
http://usatoday30.usatoday.com/sports/college/2008 -11 -18 -majors -graphic_N.htm?csp=34 124 http://www.ncaa.com/news/football/article/2011 -09 -05/athletes -sticking -together -
classes 2-Mar -14] EDUCATING ATHLETES 23
classes and the possibility of failure strongly dissuade at least some students from
pursuing certain classes. Practi cally, the commitment and study time required
for some disciplines has the effect of making it very difficult, if not impossible , to
do both at the same time.
As a result, universities rely heavily on tutors to help athletes make the
grade. Indeed, for mos t big -time athletic departments, tutoring constitutes a
significant item in the budget. One view is that tutors serve a valuable function
in helping students succeed. A more pessimistic view is that the students’
inability to learn the material on their ow n means that they rely on tutors to help,
undermining their own learning process. A further disadvantage of the heavy
involvement of tutors is the potential for academic fraud, or even help that
moves into the gray area of who really did the work.
c. Athleti c Participation Is a Full -Time Occupation
Likewise, participation in major college athletics is, for most student -athletes,
its own full -time occupation. Despite the NCAA’s limit of practice time to 20
hours a week, student -athletes often spend up to anot her 20 hours a week
preparing for games, studying film, and reading playbooks. In addition, the travel
involved in many sports adds considerable time. Other team policies, such as
sequestering players in hotels the night before important games, also carve into
the student’s time.
While athletic departments and coaches are often equally diligent about
requiring students to spend time in study halls or otherwise focus on their
studies, the academic demands required of student -athletes make for a
challenging a nd demanding schedule. Add this to the academic deficiencies of
many student -athletes when they enter college, and the challenge becomes even
greater.
Again, this model creates a pressure cooker for all involved, and one not
necessarily conducive to learn ing. The full -time commitment intercollegiate
athletics requires cannot help but overwhelm a student -athlete’s academic
pursuits, particularly during the season for the revenue sports.
24 WILLIAM W. BERRY III [2-Mar -14
d. Graduation Does Not Equal Education 125
Finally, and perhaps most import antly, the core assumption of the NCAA’s
promotion of academics is that receiving a degree symbolizes academic
achievement. On some level, this may be true, particularly for individuals who
arrived at the university under -prepared for college. The NCAA’s A PR scale
clearly demonstrates that it has adopted this proxy.
The reality, though, is that it is very possible to receive a degree without
receiving an education. This is particularly true where students, faculty, and/or
administrators cut corners to maint ain student -athlete eligibility. Certain athlete -
friendly classes are at one end of the spectrum, with complete academic fraud, as
at North Carolina, at the other end. It is difficult to assess the degree to which
the academic degrees conferred on student -athletes reflect some degree of
education. One would like to think that they all do, but media reports continue
to suggest that this may not be the case, at least in some circumstances.
Focusing on graduation rates is not in itself bad, but if it merely ad ds
pressure to a system fraught with academic challenges, it has the potential to
compromise the delivery and utilization of education. Finding a more realistic
approach to educating student -athletes —one that accounts for the full -time
demands of both acad emics and athletics, will both help restore integrity to
intercollegiate athletics and improve the likelihood of student -athletes receiving
a robust education. The following modest proposal seeks to take a step in that
direction.
II. THE PROPOSAL
If the NCAA is serious about its concept of “student -athlete,” it needs to
make immediate reforms to alleviate the pressure described above that arises
from the commercialization of intercollegiate athletics. Accordingly, this article
proposes a series of small reforms that will enhance the ability of college athletes
to receive an educational opportunity more in line with that of other non -athlete
125 Sara Ganim, CNN analysis: Some college athletes play like adults, read like 5th -graders ,
CNN .COM (Jan. 8, 2014), http://www.cnn.com/2014/01/07/us/ncaa -athletes -reading -scores/ ;
Dennis Dodd, UNC whistleblower Willingham: Academic sin not isolated , CBSS PORTS .COM
(Feb. 11, 2014), http://www.cbssports.com/collegefootball/writer/dennis -
dodd/24439378/unc -whistleblower -willingham -academic -sins -not -isolated . 2-Mar -14] EDUCATING ATHLETES 25
students.
A. Mandate six -year scholarships for revenue -generating sports.
The first step to improving the ability o f student -athletes to be students is to
provide a six -year scholarship for athletes participating in revenue sports. The
long tradition of the NCAA has been to allow universities to provide one -year
renewable scholarships to student -athletes. 126 This approach created the
possibility of coaches choosing not to renew scholarships when athletes suffered
injuries, or even worse, to provide the scholarships to new recruits who had
better prospects for on -the -field success. 127 Even worse, this situation was largely
one -sided, as the NCAA transfer rule requires students to sit out for a year if
transferring to another institution. 128 In addition, the ability of the university to
cancel scholarships after one year could put indigent students in a position
req uiring them to borrow significant amounts of money or leave school
altogether. Thus, a student -athlete who does not have his or her scholarship
renewed faces a difficult situation, while the university typically has no trouble
filling the scholarship. 129
In 2011, the NCAA and its member schools decided to provide universities
the option of extending scholarships up to four years, to cover the athletic
eligibility of the student -athletes. This reform has allowed some student -athletes,
126 The one -year scholarship rule has met with significant backlash in recent years,
including a 2010 antitrust suit and a narrowly passed NCAA rule amendment. While the
NCAA now mandates that multiyear scholarships are available, they remain at the member
school’s option. Michelle Brutlag Hosick, Multiyear scholarships to be allowed , NCAA. COM
(Feb. 17, 2 012), http://www.ncaa.com/news/ncaa/article/2012 -02 -17/multiyear -scholarships -
be-allowed , Suit claims antitrust law violations , ESPN. COM (Oct. 26, 2010),
http://sports.espn.go.com/ncaa/news/story?id=5727755 , 127 Technically, the Financial Aid Committee determines the renewal of scholarships to
discourage this practice, but given the influence of coaches within some universities, it is
certainly possible that such decisions were made based on ability and talent as opposed to
academics or other reasons. 128 Student -athlete transfer policies are often dizzying. See Eamonn Brennan, Want to
understand transfer rules? Give up , ESPN. COM (Aug. 28, 2013),
http://espn.go.com/blog/collegebasketballnation/post/_/id/87697/trying -to-unders tand -
transfer -rules -give -up ; NCAA, Transfer 101, NCAA PUBLICATIONS .COM ,
http://www.ncaapublications.com/productdownloads/TGONLINE2012.pdf . 129 See supra note 120. 26 WILLIAM W. BERRY III [2-Mar -14
particularly those at wealthier institutions to have some security, at least with
respect to their athletic career. 130 There remains a wide variety in the number of
such scholarships schools offer, varying among sports and within sports. 131
As discussed above, the accompanying pres sure for institutions to graduate
their athletes also helps to ensure that athletes stay beyond one year. 132
Nonetheless, many student -athletes do not receive four -year scholarships under
the current system. 133
Whether the university provides a four -year schol arship , or four consecutive
one -year scholarships, the athletic department typically pays tuition, room, and
board for student -athletes for four years. In addition, many football programs
redshirt some of their student -athletes, sitting out their first yea r, meaning that
the athletic department pay s for a fifth year. 134 This can also occur if a student -
athlete suffers a significant injury that causes him or her to miss most of a season,
with the NCAA granting a medical redshirt. 135
In light of this current rea lity, the proposal of this Article seeks to give the
student -athletes six years to complete their education. In other words, athletic
scholarships would cover tuition, room, and board for students for six years .136
130 It is important to remember, though, that multiyear scholarships are awarded at the
universit y’s option. See supra note 120. 131 NCAA College Athletics Statistics, STATISTICS BRAIN .COM ,
http://www.statisticbrain.com/ncaa -college -athletics -statistics/ . 132 This is especially true of football players, who are unable to enter the draft until they are
out of high school for three years. See Clarett v. National Football League, 369 F. 3d 124 (2nd
Cir. 2004 ), NFL Draft Rules, DRAFT SITE .COM , http://www.draftsite.com/nfl/rules/ . The
National Basketball Association, by comparison, allows players to enter the draft after only one
year. National Basketball Players Association Collective Bargaining Agreement, Article X,
NBPA. ORG , http://www.nbpa.org/cba/2005/article -x-player -eligibility -and -nba -draft . 133 In fact, at least one school has been outspoken against multiyear scholarships: “’Who gets
a four -year, $120K deal guaranteed at age 17? ’ Christine A. Plonsky, women ’s athletic director at
the University of Texas, wrote …’The last thing young people need right now is more
entitlement. ’” Zac Ellis, Report: NCAA multiyear scholarships not taking hold in major
programs , SPORTS ILLUSTRATED .COM (Apr. 19, 2013), http://college -
football.si.com/2013/04/19/ncaa -multiyear -scholarships/ . 134 NCAA rules, of course, limit student -athletes to four years of eligibility. 2013 – 2014
NCAA Division I Manual § 14.2
http://www.ncaapublications.com/productdownloads/D114.pdf . 135 Id. at § 14.2.1.5 .1.1(a) 136 This is particularly important for the revenue sports of men’s football and men’s
basketball. 2-Mar -14] EDUCATING ATHLETES 27
This proposal would not require students to take six years to graduate, but would
give them that option.
The argument for the proposal is three -fold: (1) many students take six years
to graduate already, (2) the cost to the athletic department is not excessive, and
(3) given the other parts of the proposal, six years is necessary to receive a
worthwhile education. I explore each in turn.
First, at most large public universities, including those that dominate college
football, four -year graduation rates among the general population of students are
low. Many flagship state universities have four -year graduation rates of 40% or
less. 137 Indeed, the NCAA assumes a six -year academic career for its student -
athletes already, as it measures their graduation rates for APR purposes using a
six -year metric.
Seco nd, at many universities, the school determines the amount of tuition a
student pays per academic credit hour taken. 138 As a result, the tuition burden of
the student -athlete will be the same, irrespective of the time it takes to
graduate. 139 The increased costs, then, for many athletic departments under a
required six -year scholarship would be for room and board only. While such
costs are not incidental, the increase in television revenue, particularly at larger
schools, could cover such cost s.140
Finally, if student -athletes need only to take 3 hours per semester in -season,
137
College Completion, CHRONICLE OF HIGHER EDUCATION ,
htt p://collegecompletion.chronicle.com/state/#state=ms§or=public_four ; COLLEGE
RESULTS ONLINE , http://www.collegeresults.org/default.aspx 138 For students enrolled in fewer than 12 hours, many universities charge per credit hour.
Fees vary per school. See, among others, Undergraduate Tuition and Fees, UNIVERSITY OF
MARYLAND , http://www.umd.edu/catalog/index.cfm/show/content.section/c/49/s/962 ,
Tuition, GEORGETOWN UNIVERSITY , https://scs.georgetown.edu/admissions/tuition ,
Undergraduate Tuition and Fees, INDIANA STATE UNIVERSITY ,
http://www.indstate.edu/tui tion/overview.htm , Tuition and Fees Required of Every Student as
a Condition of Enrollment, W ICHITA STATE UNIVERSITY ,
http://webs.wichita.edu/?u=tuitionfees&p=/2013/tuitionfees/ , T uition and fee schedules for all
programs, UNIVERSITY OF AKRON , http://www.uakron.edu/student -accounts/costs/ . 139 Note that for some schools, this might be different, but generally speaking, spreading the
cost of tuition over six years instead of four is n ot an excessive cost to the university in most cases. 140 Eric Chemi, The Amazing Growth in College Football Revenues , BUSINESS WEEK .COM
(Sep. 26, 2013), http://www.businessweek.com/articles/2013 -09 -26/the -amazing -growth -in-
college -football -revenues . 28 WILLIAM W. BERRY III [2-Mar -14
as proposed below, a six -year time frame is necessary to complete the required
academic work to graduate. Again, this seems like a small shift, particularly given
that many student -athletes already spend five years on campus, and much of the
general population takes five or six years to graduate.
B. Reduce Academic Load to 3 hours during in -season semesters.
The core part of the proposal is the reduction of the required academ ic hours
during the season (autumn for football, winter -spring for basketball) to 3 hours of
academic credit. Currently, NCAA rules require that student -athletes take a
minimum of 9 academic hours per semester. 141
By allowing student -athletes to reduce thei r course load to 3 hours, this
proposal takes into consideration the current requirements of athletic
participation. As indicated above, NCAA rules allow college football and
basketball teams to participate in up to 20 hours of required team activities per
week. 142 Studies show, however, that the reality for many student -athletes is that
they spend closer to 40 hours per week on their sport. 143
With the current limitations on practice schedules and time outside of the
season, such a schedule would create a more reasonable burden on student -
athletes. In particular, this model could really help the many student -athletes
who come to college underprepared academically. 144 Students who are partial
qualifiers , usually known as “special admits,” and others who fall at th e bottom
141 2013 – 2014 NCAA Division I Manual § 14.3
http://www.ncaapublications.com/productdownloads/D114.pdf . 142 The NCAA limits weekly participation to 20 hours per week. NCAA Bylaw § 17.1.6.1. 143 The 2011 NCAA GOALS and SCORE study showed that students often spend 38
hours or more on practices, conditioning, film, etc. See p p. 16 -20:
http://www.ncaa.org/sites/default/files/Goals10_score96_final_convention2011_public_versio
n_01_13_11.pdf 144 Colleges and universities frequently make allowances for “special admits,” or relaxed
admission standards for student -athletes. While this opens the door to a better chance for an
education, it also sets these students who demonstrate a history for poor academic performance
up for failure. Jeff Barker, ‘Special admissions’ bring colleges top athletes, educational challenges ,
THE BALTIMORE SUN (Dec. 22, 2012), http://articles.baltimoresun.com/2012 -12 -22/sports/bs -
sp-acc -sports -special -admits -201212 22_1_athletes -graduation -success -rate -college -courses ;
Allison Go, Athletes Show Huge Gaps in SAT Scores , U.S. NEWS (Dec. 30, 2008),
http://www.usnews.com/education/blogs/paper -trail/2008/12/30/athletes -show -huge -gaps -in-
sat -scores . 2-Mar -14] EDUCATING ATHLETES 29
end of eligible student -athletes in terms of their academic credentials would
benefit from having time to adjust to college for an entire semester before having
to take a full complement of classes. 145 Further, slowing down the academic
process and spreading it over six years would allow those individuals who have
less academic ability to develop over their time at the university. In many ways,
then, such an approach could act almost as a type of “academic redshirt.”
Student -athletes would also have a better chance to focus on their studies
witho ut the full -time burden of games in their sport during the off -semesters.
The travel, media, public pressure, and campus focus on the athletic events
alone provides significant distraction for athletes during the semester. Further,
the travel schedule of many sports precludes those students from taking certain
classes, particularly science labs. Having one of two semesters where the
student -athlete’s experience can have some level of similarity to other
undergr aduate students would aid immensely in their academic education.
Indeed, a recent study indicated that the academic motivation of football athletes
in the spring semester significantly increased. 146
Allowing student -athletes the opportunity to focus more co mpletely on
academics would not only improve their ability to learn, but also boost their
grades. Perhaps more importantly, it would lessen the worry of maintaining
academic eligibility, as the schedule would be much more manageable. This
would provide stu dents to more fully explore their academic interests, and put
less pressure on limiting their curriculum to certain “athlete -friendly” classes. It
would likewise diminish the clustering of majors phenomenon, and provide
greater legitimacy to the academic a chievements of student -athletes. Other
potential gains include reduction of the need for tutoring. Over time, the image
of the student -athlete among faculty on campus might improve, undermining the
current “athlete -student” stereotype that is pervasive on many college campuses.
Perhaps most significantly, students would have two full years, after their
eligibility expires, in which to focus on “going pro” in something besides sports
(for the large majority that does not make the cut professionally). Student -
athletes, then, would spend half of their college career as just students , without
145 For basketball playe rs, of course, this would be a second semester phenomenon. 146 Ian R. Potter, Investigating academic motivation among NCAA division I football
players with in their competition and non -competition semesters. , Doctorial Dissertaion (2013)
Available at
http://digitalcommons.georgiasouthern.edu/cgi/viewcontent.cgi?article=1872&context=etd . 30 WILLIAM W. BERRY III [2-Mar -14
the responsibility or obligations of athletics.
An important part of the proposal is requiring the three hours of academic
work in -season. The reason for this requirement is to keep the student -athletes
enrolled as students at all times. Otherwise, having a semester without classes
would move the studen t-athletes in a direction that makes them look more like
employees and less like students, a proposition the NCAA fears.
Further, requiring one class will keep the student -athletes connected to the
university academically, albeit in a small way, which wil l help maintain some
level of continuity in their studies.
C. Reduce College Basketball Season to One Semester.
One additional change necessary for the proposal to work would be the
reduction of the college basketball season to one semester. Currently, the season
begins in early November, with teams playing several games, including early
season tournaments around the fall semester examination period. 147 As football
season is still in full swing, these games are often not a large source of revenue
anyway, 148 and moving them into December and/or eliminating them entirely
would seem to be a possible outcome. If necessary, the NCAA could extend the
regular season one week to create time for the additional games.
It is worth noting that I am not the first to advocate for such a change. As
Dan Wolken and others have pointed out, the amount of revenue generated, the
level of competition, and the popularity of the sport could increase by shifting
the season entirely into the spring semester. 149
147 In recent years, the NCAA has considered and approved earlier practice dates for
college basketball programs, presumably to increase competition and athleticism earlier in the
season. The effect is that student -athletes are forced to miss additional classes ,further
diminishing their ability to realize an effective fall semes ter. Michelle Brutlag Hosick, Calendar
Moves Forward For Midnight Madness , NCAA. ORG (May 3, 2013),
http://www.ncaa.org/about/resources/media -cente r/news/calendar -moves -forward -midnight -
madness ; Eamonn Brennan, Earlier practice date approved for fall , ESPN. COM (May 3, 2013),
http://espn.go.com/blog/collegebasketballnation/post/_/id/84230/earlier -practice -date -
approved -for -fall . 148 For many schools, this would be moving only a handful of games, as teams typically do
not play many November games. 149 Dan Wolken, NCAA should shift basketball season , FoxSports.com (Feb. 29, 2012),
http://gamedayr.com/sports/college -basketball -one -semester -sport -91693/#. 2-Mar -14] EDUCATING ATHLETES 31
The idea here is to limit th e games to one semester, so that the students can
fully focus in the classroom as discussed previously. While basketball will have
an intense practice season in the fall leading up to the season, postponing games
until after the completion of the first sem ester will reduce the impact of team
duties on academic performance.
For other sports the one semester season seems to be less of a problem.
Certainly for football and baseball, their games are in the fall and spring
semesters, respectively. For some other non -revenue sports, this may be more of a
problem, but they might be acceptable exceptions given the student -athlete
results in such sports. Unlike in the big revenue sports of football and basketball,
non -revenue student -athletes have traditionally had a much stronger record in
the classroom. Indeed, if the NCAA adopted the proposal advocated herein,
most non -revenue student -athletes would likely take a full academic load and
graduate in four years.
D. Limit Eligibility to the First Four Years
The final pa rt of the proposal is to require the student -athlete to complete
their eligibility in their first four years at the institution. The common practice, at
least for college football, has been to redshirt a large number of incoming
freshmen student -athletes. The idea is, in part, a vestige of the historical system
that did not allow freshmen to participate in varsity athletics. The benefit under
the current system is to allow the student -athlete to adjust to university life, but
more importantly, to improve ph ysically for a year before playing in games. This
process, though, merely extends the athletic career of the student -athlete; its
academic benefits are marginal because the responsibilities of the redshirted
athlete do not substantially differ from the res t of the student -athletes on the
team.
Requiring student -athletes to exhaust their eligibility in the first four years,
then, allows them to get the athletic responsibilities out of the way after four
years and thus enable greater focus on academics during the last two years of
college. Indeed, that is the core thought behind the proposal of this paper —it is
hard to succeed in the classroom and on the field at the same time , without
compromising one or both. And typically, it is the classroom that is the vi ctim.
Limiting eligibility to four years, with 3 hour semesters in -season creates a much
better opportunity for balance and per the NCAA’s goals, a better opportunity
for education of athletics, both athletically and academically. 32 WILLIAM W. BERRY III [2-Mar -14
The one potential except ion to this rule would be medical redshirts.
Currently, the NCAA grants a fifth year of athletic eligibility to some student -
athletes in situations where an injury precludes competition for most of a season.
Under this model, medical redshirts would still be acceptable, but in such cases,
students would have to take a full academic load in -season.
On the whole, the model then requires four elements: (1) required six year
scholarships (2) changing the NCAA rule to require only 3 hours per semester,
(3) limit ing sports, at least revenue ones, to one semester, and (4) requiring
completion of eligibility within four years.
III. JUSTIFICATIONS
A. Amateurism Fails without Real Educational Opportunity
The obvious justification for adop ting the proposed reforms is t o recapture
the amateurism model, at least to some degree, by refocusing some rules on the
welfare of the student -athlete. As discussed above, the model of amateurism rests
in large part on the idea that the ultimate goal is the education of the student.
Indeed, the athletics themselves, from the NCAA’s perspective, are a part of that
education. But, they should not be the only part.
For the amateurism model to succeed, student -athletes must have real
educational opportunity. This does not mean that studen t-athletes must merely
receive the path of least resistance (with extensive tutoring) to a college degree of
some sort. Instead, student -athletes should have an opportunity to pursue any
course of study they desire, and be able to do so in a robust manner.
If the reality of commercialized intercollegiate athletics is that it requires a
commitment that seriously compromises the academic opportunity of student -
athletes, the amateurism model begins to collapse. With each step that
universities take toward comp romising academic education for student -athletes,
the model loses credibility, and ultimately, sustainability. This is because the
commercial value of the athletics success ultimately will overtake the academic
component of the university. 150
At first, the a cademic requirements become a hassle to the student -athlete,
and ultimately become an impediment to the athletic success that receives
150 Some have argued that this happened long ago. 2-Mar -14] EDUCATING ATHLETES 33
greater significance, both for the athlete and the university. In such a world, the
amateurism model seems less authentic . Indeed, the criticism is that the model is
simply a tool to keep athletes from receiving their share of the financial windfall
arising from the athletic competitions.
To avoid the perception, then, that the amateurism model and the concept of
student -athlete is merely a sham, then, universities must provide real educational
opportunity for students. This does not mean opportunity that does not interfere
with athletics. Rather, it means opportunity in spite of athletics.
The advantage of the proposal adva nced in this article with respect to this
idea is that it is more realistic concerning these competing demands. By
separating the academic and athletic pursuits temporally, it allows each to
complement each other, rather than oppose each other. In essence, it provides a
road map for preserving the amateurism model.
B. Students Deserve a Chance at an Education
Perhaps more important than saving the concept of amateurism is providing
student -athletes a genuine chance at an education. As detailed above,
participation in revenue sports compromises the ability of most student -athletes
to receive the kind of educatio n that ordinary students do.
Adopting a more realistic educational model, as the one advocated above, at
least deepens the possibility that this will happen. By limiting the academic
requirements during the season, athletes can focus on their sports witho ut having
to attempt to strike the virtually impossible balance between academics and
athletics. In the off -season s and the two years after the expiration of eligibilit y,
student -athletes will have fewer distractions and can pursue their desired course
of study.
This approach will be particularly valuable to students with low test scores
or otherwise deficient qualifications. Such students can take remedial classes in
season, and have more time to get up to speed academically. Likewise, by making
expectatio ns more realistic on such student -athletes, the possibility for academic
success increases. In addition, first generation college students also will thrive
under this arrangement, as spreading the course of study over six years will
enhance their ability t o adjust to college life and acquire the cultural capital
needed to succeed academically.
Beyond the time constraints associated with athletics, college athletes
frequently face a certain stigma on campus, possibly further preventing them 34 WILLIAM W. BERRY III [2-Mar -14
from realizing their full academic potential. Moving athletic seasons to a single
semester will not only allow athletes to better concentrate on studies, but can
also give them an opportunity to overcome any stigma associated with being a
student athlete. 151
As Jeff Stone ha s argued , the way schools and the NCAA have relaxed
admission and eligibility standards, student -athletes now have a “dumb jock”
stigma hanging over their heads that penetrates throughout campus: in the
classroom from both students and professors as well a s on a social level. 152 That
school newspapers and national news publis h academic eligibility stats for
individual athletes furthers this stigma. 153
It is certainly possible that some students will drop out of college after
completing their eligibility. It is surprising nonetheless , that such individuals
would forego the free housing, meals, and tuition in doing so. Providing students
with a genuine opportunity for education is preferabl e to providing a sham
version that results in a degree but not an education . Indeed, if universities
cannot impress upon such students the value of education during their first four
years on campus, the institutions need to re -evaluate their educational process.
C. Universities Have an Obligation to Educate
Even beyond the value o f saving the amateurism model and providing
student -athletes a fair chance at a robust education, colleges and universities
have an obligate to educate all of their students, not just the ones who do not
play intercollegiate athletics. At the heart of the mission of most institutions of
higher education is the goal and responsibility to educate their students.
And education, not big -time athletics, is what the universities can and should
do well. The mission and obligation of all higher education institutio ns is to
educate their students and prepare them for the workforce. It should be no
151 See Jeff Stone, A Hidden Toxicity in the Term “Student -Athlete”: Stereotype Threat for
Athletes in the College Classroom , 2 W AKE FOR EST J.L. & POL 'Y 179 , 184 (2012)(arguing 152 Id. 153 See, e.g., Pete Volk, Auburn, Florida State players all academically eligible for BCS game ,
SBNation.com (Dec. 28, 2013), http://www.sbnation.com/college -
football/2013/12/28/5251990/bcs -national -championship -fsu -auburn -players -eligible ; Jake
Trotter, 3 Texas players out of Alamo Bowl , ESPN.com (Dec. 22, 2013),
http://espn.go.com/college -football/bowls13/story/_/id/10180623/texas -longhorns -daj e-
johnson -kennedy -estelle -jalen -overstreet -academically -ineligible -alamo -bowl -vs-oregon -ducks 2-Mar -14] EDUCATING ATHLETES 35
different with student -athletes. If higher education really seeks to educate, and
not merely create hoops to jump through to receive a piece of paper, it should
seek to max imize that opportunity for all of its student -athletes.
CONCLUSION
Over the past quarter century, the commercialism of intercollegiate athletics
has placed an increasing number of obstacles in the way of the academic
education of student -athletes. If the student -athlete model is to survive, the
NCAA and its member universities should reinvest in the concept of academic
education.
This article offers a proposal to take a step in that direction. It proposes the
adoption of six -year scholarships and reducing the required academic hours in
season to three. It would make student -athletes part -time students for four years,
and allow them two years without intercollegiate athletics in which to complete
their degree. As explained above, this approach is a more rea listic and robust
approach to ensuring that student -athletes are able to maximize the educational
opportunities that a university has to offer.
