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

dc.contributorDantzler, John A.
dc.contributorGambrill, Charles D.
dc.contributorWatkins, J. Foster
dc.contributorWestbrook, Philip
dc.contributor.advisorDagley, David L.
dc.contributor.authorFraney, Tammy
dc.contributor.otherUniversity of Alabama Tuscaloosa
dc.date.accessioned2017-03-01T16:49:57Z
dc.date.available2017-03-01T16:49:57Z
dc.date.issued2013
dc.descriptionElectronic Thesis or Dissertationen_US
dc.description.abstractGrowing 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.en_US
dc.format.extent200 p.
dc.format.mediumelectronic
dc.format.mimetypeapplication/pdf
dc.identifier.otheru0015_0000001_0001340
dc.identifier.otherFraney_alatus_0004D_11668
dc.identifier.urihttps://ir.ua.edu/handle/123456789/1807
dc.languageEnglish
dc.language.isoen_US
dc.publisherUniversity of Alabama Libraries
dc.relation.hasversionborn digital
dc.relation.ispartofThe University of Alabama Electronic Theses and Dissertations
dc.relation.ispartofThe University of Alabama Libraries Digital Collections
dc.rightsAll rights reserved by the author unless otherwise indicated.en_US
dc.subjectEducational leadership
dc.subjectEducational administration
dc.titleThe authority of the NCAA and its member institutions over student athletesen_US
dc.typethesis
dc.typetext
etdms.degree.departmentUniversity of Alabama. Department of Educational Leadership, Policy, and Technology Studies
etdms.degree.disciplineEducational Leadership, Policy, and Technology Studies
etdms.degree.grantorThe University of Alabama
etdms.degree.leveldoctoral
etdms.degree.nameEd.D.
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