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Coach Wressel’s strongest arguments will be against SUM, while any arguments against the NCAA will likely fail. The most persuasive claim Wressel could make is a wrongful termination claim against SUM, assuming he is an employee. This claim will assert that SUM breached its contract of employment by firing the coach without cause and without following SUM’s disciplinary proceedings. This claim will entail a detailed, fact specific analysis of the Wressel’s agreement with the SUM. It is possible that the contract of employment includes a provision that allows SUM to terminate Wressel for NCAA rules violations. If so, this claim will fail. If not, Wressel may be able to recoup damages based on his wrongful termination. Wressel’s next claim against SUM will be a 42 U.S.C. § 1983 action claiming that SUM violated Wressel’s …show more content…
Generally, court will not review that actions of private associations, like the NCAA, unless the associations actions failed to follow its own rules and regulations or failed to follow the basic rudiments of due process. In this case, Wressel will have to prove that the NCAA did not follow its investigation procedures in making its determination of violations by SUM and Wressel. This claim could be based on the fact that Wressel was not allowed to attend the Committee on Infractions hearing if under the NCAA bylaws he was permitted to do so. However, it appears SUM did not allow Wressel to attend the hearing and thus this claim against the NCAA may fail. Alternatively, Wressel can argue that his inability to confront the accusations against him or give his side of the story was a violation of rudimentary due process. However, again it appears as though SUM prevented Wressel from being involved in the process and not the NCAA. Accordingly, any claims against the NCAA for arbitrary and capacious actions will
In 1986, it was hinted that people were giving money to Southern Methodist University to bolster the football program. After this was confirmed, the NCAA began taking action and started its own investigation into the program. Upon completing their investigation, they found that all prior allegations were true and began sanctioning the program. On February 25, 1987, the SMU football program, already the most penalized program in history, received the harshest sanctions ever hande...
Bruce Sain who was the plaintiff in the case attended Jefferson High School, which was in the defendants school district. He played basketball for the school and was very good at it, so good that he planned on getting a scholarship to finance his college education. In order to be eligible to play sports in college you must meet certain course requirements be the NCAA, which Sain was working on doing. In his senior year he still needed three English credits to satisfy the NCAA requirements and since he went to a school that brock their year down into trimesters, he thought this would be no problem. He completed his first English course and enrolled into his second, but for some reason or another he disliked the class, so he went to his school counselor to see what he could do. The counselor told him to enroll into a class called technical Communications, which the counselor assured him would be approved by the NCAA clearinghouse.
The National Collegiate Athletic Association (NCAA) formed in 1906. When the NCAA was incepted they created strict bylaws requiring student-athletes maintain amateur status (NCAA Amateurism). The NCAA has remained diligent in enforcing and maintaining those laws. Under NCAA law it is illegal for student athletes to enter into contracts with professional teams, receive a salary for participating in athletics, and receive benefits from an agent or prospective agents (NCAA Amateurism). Presently, the NCAA has justified these regulations to “ensure the students’ priority remains on obtaining a quality educational experience and that all of student-athletes are competing equitably” (NCAA Amateurism). These rules however, have been in place since 1...
The Southern Methodist University football scandal, also known as Ponygate, was one of the most severe consequences that the NCAA has ever given out to a college or university. In this instance, the Southern Methodist University football program was found to be illegally paying their players after already being in trouble with the NCAA several times. The first time this football program had been caught by the NCAA for not following its rules was in 1985. This was when an incident regarding offensive lineman Sean Stopperich came up. Prior to transferring schools after going through an injury which made him unable to play, he was paid $5,000 by one of the Southern Methodist Universities booster programs to attend the school and play football there. This caused “the NCAA to place SMU on three years of probation in 1985, limit its postseason appearances, ban the boosters involved and strip the football program of 45 scholarships.” This did not show the program or the school a lesson though. Again in 1986 the Southern Methodist University football program was found breaking NCAA rules. This was their seventh time they had broken and been caught breaking NCAA rules. This time it was found that, “an unnamed booster had been found to have paid 13 Mustang players $61,000 from a slush fund with the approval of key members of the SMU athletic staff.” The result of this complication with NCAA rules is what became known as the, “death penalty”. This death penalty declared that there were to be, “no football in '87. only seven games in '88. no television or bowl appearances until 1989 and restrictions on off-campus recruiting and the number of assistant coaches until 1989 SMU which signed no high school players to letters of intent this winter...
NCAA is a part of the functionalism theory which has two choices on their stage level. One being Manifest where it’s working the way it’s properly created to be and the other being latent dysfunction where it’s not running the way it’s meant to be. This organization is definitely, latent dysfunction because the student’s aren’t being rewarded for the labor they do when representing for their school. Athletes are the one’s who promote
These professors argue that student athletes, under common law and NLRB’s (National Labor Relations Board) employee criterion, do in fact fall under the classification of an employee (Cooper). Under common law, four tests determine if someone is an employee or not. Three of these rules are as follows: “(1) the right of others to control a person's activities; (2) whether that person is compensated; and (3) if that person is economically dependent on that compensation.” According to these guidelines the employer-employee relationship is plainly synonymous to that of coaches and student-athletes. For one, coaches have a significant amount of control over their student-athletes’ activities, two, athletic scholarship money is considered compensation, and third, student-athletes are highly dependent on these scholarships for their food, living, and education. Even after realizing that a student-athlete falls under what the law defines as an employee, we can agree that any D1 student-athlete who works upwards of 40 hours a week to perform at a high level of competition for the universities benefit is essentially working a full time job on top of school work
...hedules the athletes had, they are still considered just a student. The NCAA cannot continue to allow these schools to work the athletes as much as they do without giving the athletes what they deserve.
The NCAA prides itself as an organization dedicated to safeguarding the well-being of student-athletes and equipping them with the skills to succeed on the playing field, in the classroom and throughout life. In order to ensure that participants are students first and athletes second the NCAA has specific rules pertaining to athlete amateurism. The requirements prohibit contracts and tryouts with professional teams, salary for participating in athletics, prize money, and representation by an agent. (Amateurism) These rules not only limit the freedom of the player but also put the player at risk of being taken advantage of due to the lack of a players union and illegality of employing an agent. Other aspects of the NCAA’s rule book have been under scrutiny as well. Marc Edelman, Professor of Law at Baruch College, wrote in his treatise: Why the NCAA’s No-Pay Rules Violate Section 1 of the Sherman Act that courts are now beginning to overturn certain rules that are deemed anticompetitive. This development is important because according to the Sherman Act “Every contract, combination in the form of trust or otherw...
Abstract: Collegiate athletes participating in the two revenue sports (football, men's basketball) sacrifice their time, education, and risk physical harm for their respected programs. The players are controlled by a governing body (NCAA) that dictates when they can show up to work, and when they cannot show up for work. They are restricted from making any substantial financial gains outside of their sports arena. These athletes receive no compensation for their efforts, while others prosper from their abilities. The athletes participating in the two revenue sports of college athletics, football and men's basketball should be compensated for their time, dedication, and work put forth in their respected sports.
There has been a lot of athletic scandals in colleges in most parts of the world. These scandals have been as a result of the coaches and the directors of athletics in the colleges failing to take the full force of the law and giving their players freedom to do everything even if it is against the law. One of this fatal scandals is the Baylor university basketball scandal that occurred in the year 2003. This scandal involved the players and the coaches of the team. The scandal left one player dead and the other imprisoned for thirty five years. The team was subjected to a lot of punishment by the National Collegiate Athletic Association. The NCAA is a non-profit organization comprised of 1281 institutions, organizations, individuals and conferences and that organizes the athletic programs of most of the colleges and universities in the United States and Canada (The New York Times, 2003).
This argument has reached its peak of debate when Northwestern University football players planned to form a union in order to receive some form of representation. Northwestern quarterback, Kain Colter, started this movement when he reached out to the President of the National College Players Association, Ramogi Huma. He said, “This is about finally giving college athletes a seat at the table. Athletes deserve an equal voice when it comes to their physical, academic, and financial protections” ( Farrey). Huma filed a petition to the office of the National Labor Relations board on behalf of the players of Northwestern. Besides this being the first move towards a labor union in college sports what’s important is that the athletes of Northwestern are not seeking unionization due to mistreatment by Northwestern. According to Colter, “The school is just playing by the rules of their governing body, the NCAA.” Also, this isn’t about just helping players at Northwestern. Colter expressed how he wan...
College athletes are manipulated every day. Student athletes are working day in and day out to meet academic standards and to keep their level of play competitive. These athletes need to be rewarded and credited for their achievements. Not only are these athletes not being rewarded but they are also living with no money. Because the athletes are living off of no money they are very vulnerable to taking money from boosters and others that are willing to help them out. The problem with this is that the athletes are not only getting themselves in trouble but their athletic departments as well.
A proper coaching philosophy contains principles which improve character development, teach step by step tactical and technical skills, form proper progressive physical training regimens, and carefully utilize team management to handle and control problems with administrative issues. A coach with a sound philosophy should mold a team with strong cohesion, and he should treat players not only as teammates, but as family and friends who are encouraged to develop communication and lifelong learning of skills through positive support and role modeling from the coach (Mergelsberg, 14-15). The philosophy should also contain written documents of implemented strategies and techniques, so that the coach will know what to improve upon season by season
The NCAA (National Collegiate Athletic Association) is an association set up to regulate
My senior project is about being a coach and how it can be difficult and not an easy task. I wanted to show others that being a coach is something that takes time and effort in order to accomplish it. Being a coach is not a fun job but it is a job that will help you in the future. Coaching is an experience that not a lot of people get to go through but those who do become not just better people but they become teachers to others in troubling times and in time of need. Coaching gives you and also shows you that being helpful and courteous to others actually helps you out as a person and it also helps out the players you’re coaching to be better people and to be kind and not take things in the wrong way and to show them a better way that will help them in their life.