The authority of the NCAA and its member institutions over student athletes

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dc.contributor Dantzler, John A.
dc.contributor Gambrill, Charles D.
dc.contributor Watkins, J. Foster
dc.contributor Westbrook, Philip
dc.contributor.advisor Dagley, David L.
dc.contributor.author Franey, Tammy
dc.date.accessioned 2017-03-01T16:49:57Z
dc.date.available 2017-03-01T16:49:57Z
dc.date.issued 2013
dc.identifier.other u0015_0000001_0001340
dc.identifier.other Franey_alatus_0004D_11668
dc.identifier.uri https://ir.ua.edu/handle/123456789/1807
dc.description Electronic Thesis or Dissertation
dc.description.abstract Growing litigation between the National Collegiate Athletic Association (NCAA), its member institutions, and student athletes has caused concern for both student athletes and colleges and universities. This qualitative research utilized a legal-historical, document-based method of inquiry. The research analyzed cases between 1953-2012 involving conflicts between student athletes, the institutions of higher education they attend, and the NCAA. Cases involving Title IX were not included. An analysis of pertinent cases was conducted to identify applicable laws influencing judicial decisions. Cases were briefed using Statsky and Wernet's (1995) method. Themes emerging from the research involved issues concerning constitutional/civil rights, workmen's compensation, and anti-trust. Case law revealed that most challenges brought against the NCAA involved by-laws concerning the areas of amateurism, recruiting, eligibility involving academic and general requirements, compensation, and enforcement Other issues involved violations under the Americans with Disabilities Act, First Amendment, Fourteenth Amendment, and Title VI. The courts have ruled that the NCAA is not considered a state actor because it is a private institution set up to protect amateurism and the education of student athletes. As a result, the NCAA is cloaked with immunity while the colleges and universities are not. The research revealed that the NCAA has a pattern of settling cases and revising its by-laws when there is a concern that the courts will rule against the NCAA. As a result, the NCAA is able to escape court rulings that will set a precedent for future litigation. The research gleaned from the data provided practical guidelines for athletic departments and recommendations for future research.
dc.format.extent 200 p.
dc.format.medium electronic
dc.format.mimetype application/pdf
dc.language English
dc.language.iso en_US
dc.publisher University of Alabama Libraries
dc.relation.ispartof The University of Alabama Electronic Theses and Dissertations
dc.relation.ispartof The University of Alabama Libraries Digital Collections
dc.relation.hasversion born digital
dc.rights All rights reserved by the author unless otherwise indicated.
dc.subject.other Educational leadership
dc.subject.other Educational administration
dc.title The authority of the NCAA and its member institutions over student athletes
dc.type thesis
dc.type text
etdms.degree.department University of Alabama. Dept. of Educational Leadership, Policy, and Technology Studies
etdms.degree.discipline Educational Leadership, Policy, and Technology Studies
etdms.degree.grantor The University of Alabama
etdms.degree.level doctoral
etdms.degree.name Ed.D.


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