Revising the

Rights of Student-
Athletes

Aaron Hochberg and Ryan Cornell | April 9, 2017

Before the start of his junior year, Chris Richardson, a forward on the basketball team at the
University of Nevada, Las Vegas, violated a National Collegiate Athletic Association (NCAA)
rule that warranted an indefinite suspension. He was accused of receiving impermissible benefits
and lying to NCAA investigators, making his suspension an apparently appropriate response for
the severity of his infractions.1 But how could something like this happen? The NCAA makes is
very clear that they do not tolerate their student-athletes receiving undue benefits because of their
athletic abilities, which means something as serious as receiving impermissible benefits to a
degree that warranted an indefinite suspension should never have happened. The student-athlete
should have known better. As it turns out, the reality of Chris Richardsons infractions were
far from what they were portrayed as by the NCAA. Richardsons mother gave him money to
buy a used mattress and box-spring from one of his assistant coaches. This is what Richardsons
mother told the school, and it is what Richardson told the NCAA investigators. What Richardson
lied about was the fact that the assistant coach provided the truck used to transport the
purchased mattress and box-spring.2 Not paying for the transportation of the mattress and box-
spring was the impermissible benefit, and not relaying this information to NCAA investigators
was the lying. The reason Richardson did not disclose this information is because he failed to
realize it could be a violation of NCAA rules. The assistant coach did not provide the
transportation with the intent of giving unjustified benefits to Richardson, but rather he believed
that he was simply delivering the item Richardson legally bought from him.

The NCAA eventually repealed Chris Richardsons suspension, but not before the season was
well underway.3 The NCAA placed an unjust ruling on what was, at most, a minor and
unintended infraction. The unfortunate aspect of this case is that it is not unique in any way. The
NCAA routinely hands out harsh violations for seemingly inadvertent rule violations that, more
often than not, stem from ignorance. Nonetheless, they claim that they have laid out the rules,
and it is up to the student-athletes to follow them. However, perhaps the problem lies not with
the student-athletes, but with the NCAA itself. Perhaps the reason the NCAA faces many cases
similar to Chris Richardsons is because their rules do not act as they were intended to, and do
not prevent unethical conduct in the way the NCAA imagined they would.

That is why the NCAA has come under more intense scrutiny as of late. Student-athletes,
administrators, and fans alike have begun to change the way they view the NCAA and its rules.
Theyre realizing that the actions of the NCAA and the policies they have in place no longer
reflect the values they claim to uphold. Values such as amateurism, education, and non-
commercialism have seemingly vanished from the NCAA, even though they still impose them on
their student-athletes. The fact is that the NCAA treats their students in a relatively unjust way,
compared to how they, themselves, act. There are persistent and significant problems concerning
how student-athletes are treated, and if their services are to continue to be enjoyed by the masses,
it is important to treat them fairly.

Objectively, the NCAA faces many problems that are blatant injustices and that require direct
and immediate action to correct them. Subjectively, many people, including student-athletes,
have legitimate objections to the way the NCAA is run. A two-pronged reformation policy
suggests that, for immediate action, the NCAA eliminate the existing regulations that bar
student-athletes from basic rights that, were they not athletes, they would not have to forfeit. For
future problems, it is suggested that the NCAA strengthen their Student-Athlete Advisory

Revising the Rights of Student-Athletes | 2

Committees (SAACs) so that student-athletes acquire a greater voice in new policies and
decision making.

Current State of NCAA Policy:

To be considered a student-athlete, one must maintain a minimum 2.0 Grade Point Average
while enrolled in at least twelve credit hours. Additionally, they must pass six of those credit
hours to be eligible for the next semester. Before officially becoming a student-athlete at any
college or university, the prospective student must fill out and sign the Student Waiver Form,
agreeing to items such as drug tests, ensuring all information given is true, and that they will
comply to all rules and regulations put forth by the NCAAs.4 Student-athletes must also report
all health supplements they are currently taking as well as any prescription medication to their
appointed athletic staff.5 Generally speaking, these rules and regulations are fairly straight-
forward and are not the subject of much debate. However, some of the following policies put
forth by the NCAA have sparked challenges and arguments that have fractured the world of
collegiate athletics.

Beyond the items listed above, student-athletes are also responsible for upholding responsible
amateurism. In practice, this mean that student-athletes can easily lose their eligibility if they
receive any payment, promise of payment for their athletic skills, or if they agree to play for a
professional team. Student-athletes can also lose their eligibility if they accept pay for promoting
a commercial product or service or if they allow their name and likeness to be used in any
commercial promotion.6 Amateurism can affect the student-athlete even if he or she does not
receive any benefits. This is because the NCAA stipulates that if an immediate member of a
student-athletes family were to accept any sort of economic assistance, the student would be
declared ineligible.7

In addition to their policy of amateurism, the NCAA also has various rules and regulations in
place that inhibit and restrict student-athletes in ways that, if they were not athletes, they would
otherwise not be subject to. For example, they are barred from using their natural abilities and
talents in any way where they receive compensation.8 This means a student-athlete cannot do
seemingly simple things such as helping at a sports camp, if it results in compensation. The
NCAA Compliance Information Form outlines information for student-athletes on what
interactions can occur with professional sports clubs. Students may request information and
negotiate with professional teams while securing advice from an attorney, but cannot have the
attorney represent the student in negotiating a contract.9 The NCAA also has very strict
guidelines on student-athletes making deals with agents while in their current season of
eligibility.10 By not allowing this interaction, they are limiting a student-athletes ability to
secure fair representation at the professional level.

The NCAA compliance form consists of pages of rules that student-athletes must abide by to be
considered eligible. Many of these restrictive bylaws are not in place for students who are not
involved in their schools athletics department. For example, there are no formal rules restricting
a student majoring in English from writing a book and getting it published, writing for a local
newspaper, or doing anything else in which they use the skills their schooling has given them
and are compensated for it. Yet, the NCAA allows no such thing for their student-athletes, the

Revising the Rights of Student-Athletes | 3

student who stand to benefit the most from using their personal value to generate income. That is
why the NCAA must reform their stance on what rights student-athletes are entitled to and adopt
a policy that allows for greater individual freedoms and a representative role for decisions
regarding them.

Suggestions for Action:

If, as the NCAA claims, student-athletes are to be students first, it must adjust its policies to
reflect this and treat them this way. The first step in doing this would be to address the hypocrisy
that currently exists surrounding the way the NCAA treats its athletes. One of the main reasons
the NCAA clings to their model of amateurism is because they want to protect their student-
athletes from commercialism and exploitation.11 They also purport that their requirement of
amateur status is essential to maintaining their core values and upholding their mission for
providing a world-class education.12 Yet, a simple examination of the actions of NCAA proves
that this is no longer true. The organization and its member schools continually generate massive
profits because of their athletic programs, and everybody is able to share in them except for the
ones who are actually performing the labor: the student-athletes.13

Source: Graphic: College Football Bowl
Explosion, ESPN, December 27, 2012,
available at
http://www.espn.com/blog/playbook/visuals
/post/_/id/10878/graphic-college-football-
bowl-explosion.
The other aspect of the hypocrisy resides in the fact that the
NCAA itself is routinely exploiting college sports for
commercial profit. In the late 1990s, the NCAAs top
football division, the Division I Football Bowl Subdivision,
hosted eighteen bowl games, meaning roughly one-third of
the teams received a spot.14 This past year, however, there
were over forty bowl games, meaning over two-thirds of
the teams played in one.15 This drastic expansion has ruined
the prestige associated with making a bowl game and
greatly diminished the level of play seen in most of them.
The reason they are willing and able to do this is because
each new game, and sometimes an old one, brings with it
sponsors, more opportunities to sell commercial time, and,
plainly, more money.16 Another instance of this can be seen
in the rise in duration of the average college football game.
In the last five years, the average length of a college
football game has risen by over ten minutes, with four hour
games appearing more often than ever.17 While there are a
few contributing factors, a clear one is the eagerness to jam
pack every televised game with as many commercials as
possible. Many fans, student-athletes, and coaches have
expressed desires to reduce the length of the games, but the
opportunity for the NCAA to make money has clearly
trumped these pleas. In summary, the NCAA seems to have
adopted a do as I say not as I do policy that is unjust and
hypocritical.

Revising the Rights of Student-Athletes | 4

While seemingly futile, having the NCAA acknowledge its hypocritical actions is an important
step in attempting to move forward. By refusing to admit there is a problem, or that they had
some role in it, the NCAA withholds legitimacy from those who seek reform. This is because the
NCAA currently holds all of the power. They can, and do, claim that the problem has nothing to
do with them and that, in fact, they are the ones defending student-athletes against it. Those who
challenge the NCAA are branded as greedy or immoral and are charged with seeking to corrupt
the system. Only when the NCAA acknowledges that this is not true can reformers be granted
legitimacy. Only with common ground to start on can a solution be implemented.

With this done, a true solution can be executed. It is proposed that the NCAA change their
definition of amateur by adopting a model similar to that of the International Olympic
Committee. Throughout most of the 1900s, the IOC took a hardline stance similar to that of the
NCAA today. They claimed that athletes must be amateurs in the strictest sense of the word, with
athletes routinely being stripped of medals if it was discovered they were paid even the most
menial amounts of money for anything related to their athleticism.18 However, in the 1980s,
pressured by the continued proliferation of television, the IOC relaxed its definition of amateur
status to allow athletes to be paid for endorsements or other business deals relating to their
athleticism. Athletes were even allowed to be considered professionals in other sports and accept
salaries as long as no athlete was directly paid to compete in the Olympics.19 And although many
Olympic purists believed it would result in the demise of the games, they are now more popular
than ever.

Accepting a slightly modified Olympic model for amateurism would greatly benefit the NCAA.
With this system in place, the NCAA could allow for student-athletes to be compensated while
avoiding stipends and direct payments. It would free the student-athletes to operate within the
free market and capitalize on their earning value in a way that other students who are non-
athletes are technically already allowed to do.20 It makes no sense to restrict the rights of the only
students with the status to receive endorsement offers. Additionally, this would not place any
undue financial burden on the NCAA or its member schools, as the money would come directly
from the businesses seeking the student-athletes endorsement. Additionally, this would allow
the NCAA and its member schools to continue to keep the money they earn from broadcasting
and licensing, so theres truly little to no downside to this.21 In fact, adopting the Olympic model
would allow the NCAA to stick to its stated values of amateurism and playing for the love of the
sport. It would not call for the direct compensation of athletes, which could help keep higher
education institutions from becoming muddied with having to pay large of sums of money to
maintain a relevant athletic program. This approach would solve many of the immediate
problems the NCAA faces, but to combat future and long-term problems, more substantial action
is needed.

In order to ensure that the rights of student-athletes are guaranteed and flexible for the future, it
is proposed that the NCAA revamp their Student-Athlete Advisory Councils and expand their
power or influence in decision making. The only way to ensure that student-athletes are being
treated fairly is to allow them to have some form of centralized representation to argue on their
behalf. There must be some platform that allows the NCAA to hear the grievances of student-
athletes and to address the issues they see as the most pressing. In each of the four major sports
in America, there exists a players union. Each union arose when it became the consensus of

Revising the Rights of Student-Athletes | 5

players in that sport that they were being treated unfairly. Many former players faced unfair
wages, harsh expectations, limited rights, and oppressive bosses, which led to them deciding to
unionize.22 Now, it is recognized that the NCAA and many schools do not like the term union
because of its connotations. This is understandable, which is why it is suggested that they
maintain their SAACs and modify them to fit this role.

The National Football League Players Association (NFLPA) is a good model for what the
SAACs could and should become. The NFLPA represents all players in the NFL in matters
concerning wages, working conditions, and other basic rights.23 They work closely with the NFL
itself to implement new rule and policy changes, and it is rare that such things are passed without
their consent. One important thing to note is that the NFLPA is completely autonomous from the
NFL itself, meaning there are no conflicts of interest within it for this reason. This allows them
to truly be for the players and to represent them adequately in all matters.

To help understand why

something like this would be
necessary take a look at this
flowchart put out by the NCAA
detailing their infractions process.
Besides the part where players
are allowed to defend themselves,
there is a noticeable lack of
student-athlete involvement in the
process. This could, and has,
created problems where the
student-athletes dont believe that
some of the rules and regulations
are entirely just, yet right now
there are no means for them to do
anything about it. Source: National Collegiate Athletic Association, NCAA Division I Infractions
Process, available at
Currently, the NCAA portrays the http://www.ncaa.org/sites/default/files/DI_InfractionsProcess_overview.jpg.
SAACs as representing the
collegiate equivalent to a professional players union. However, they appear to exist more for
show than actual function. If one were to look at the page on the NCAAs website dedicated to
SAACs, they would notice that the NCAA describes them as playing a vital role within the
administration, and as having many of the same roles as, say, the NFLPA.24 In practice though, it
is evident that they have little to no significant role as they have affected no real change since
their creation in 1989.25 The NCAA could take two possible routes to bolster the role of SAACs
and make them relevant. On the one hand, they could model them after the various professional
player associations while modifying them slightly to fit the collegiate model. The other, and
perhaps much better, option, however, is to look at the steps already being taken on the collegiate
level by some of the individual conferences: namely, the PAC-12.

Within the NCAA, there exist individual conferences that are largely structured as miniature
versions of the NCAA itself. The teams within these conferences largely compete with each

Revising the Rights of Student-Athletes | 6

other in their various sports, and they generally share some geographical relationship that led to
their formations. Of the eleven Division I conferences, there is a group known as the Power
Five that are generally considered to have the best college football teams in the country and,
because of their status, they are often looked to as trend setters and role models. These five
conferences are the Atlantic Coast Conference, Big Ten Conference, Big Twelve Conference,
Southeastern Conference, and the PAC-12 Conference. With the help of their own student-
athlete representative groups, the PAC-12 very recently passed a set of sweeping reforms that
could serve as an excellent model, if applied to SAACs.

The PAC-12 SAAC was not inherently more influential than any other SAAC, but it was a
combination of perseverance on the part of the student-athletes, and open-mindedness on the part
of the PAC-12 administration that led to the changes. PAC-12 representatives listened to their
student-athletes and the problems they faced, and chose to act accordingly. Although there were
a few parts to their plan, the most important change passed was the promise to give student-
athletes meaningful representation and role in the
governance of the conference.26 The importance
of this step cannot be stressed enough, as it is the
basis for all other change that will be implemented
in the PAC-12. In fact, it is this starting point that
has allowed the PAC-12 to move forward and
address other important issues pertinent to
student-athletes today.

The increased role of the PAC-12 SAAC has

Source: PAC-12 Conference, PAC-12 Universities
Adopt Sweeping Reforms for Student-Athletes,
Guaranteeing Scholarships, Improving Health Care,
and More, PAC-12, October 27, 2014, available at
http://pac-12.com/article/2014/10/27/pac-12-
universities-adopt-sweeping-reforms-student-athletes-
guaranteeing.
allowed the PAC-12 to confront other challenges
facing student-athletes while the rest of the NCAA
are still a few steps behind. For example, in their
reform package, the PAC-12 was able to address
the issue of sports scholarships. Currently,
scholarships must be renewed each year at the
discretion of the coach.27 This puts an immense
pressure on student-athletes to perform at a high
famously put it, the coaches tell [us] every day:
Youre not on scholarship for school, meaning
in order to maintain their place at their respective
institutions, student-athletes must keep their
coaches happy, meaning more time dedicated to
being an athlete and less time dedicated to being a
student.28 To begin to remedy this, the PAC-12
has passed a resolution that guarantees four-year
athletic scholarships.29 All athletic scholarships
offered to incoming students will be a minimum
four-year agreement that can neither be reduced
nor canceled so long as the student-athlete is in
good standing with the school.30 This sense of
security will greatly reduce the pressure student-

Revising the Rights of Student-Athletes | 7

athletes are placed under, and it will most likely allow them focus more as students.
Additionally, if a student-athlete has completed at least half of their degree and leaves school
early to play their sport professionally, they may return a use the remainder of their scholarship
to finish their schooling.31 These measures both place a greater emphasis on the student part of
student-athlete, which is something the NCAA has been preaching about doing for years.

A great deal was achieved with the PAC-12s reform package, with it addressing other issues
such as healthcare for student-athletes who are injured while playing their sport, and a measure
to even further increase the role of SAACs in the Pac-12s governance structure.32 However, the
package does not solve every problem. It does not address such problems as how the amount of
scholarship money available for student-athletes often fails to cover the true expenses of being a
college student. It also does not address the excessive time demands that result in student-
athletes being forced to choose between their sport and their academics, as their sport almost
always wins. But the way to remedy this is to increase the role of SAACs in policy decision
making. If student-athletes have adequate representation and an active role in the governance of
the NCAA, then the NCAA will always be prepared to address new challenges and problems as
they come. Therefore, as stated before, it is recommended the NCAA conduct an overhaul of
their SAACs to function more like professional player associations or even the PAC-12 SAAC,
and encourage the various conferences to do the same.

Conclusion:
We recognize that the actions proposed will not inherently fix every problem associated with the
NCAA and their treatment of student-athletes. Additionally, it is entirely possible that the
adoption of the Olympic Amateur Model will create unforeseen problems relating to young
college students with large amounts of money. However, the current state hypocrisy surrounding
the NCAA and its limits on the rights of student-athletes has demanded that such equalizing
actions be taken to eliminate the injustice they perpetrate. Also, the inclusion of SAACs in the
governance structure of the NCAA and other conferences will create a system flexible enough to
deal with any new problems that may arise. College athletics are an important part of our society.
They allow alumni and fans to connect with the athletes on a level that is not seen in professional
sports. Therefore, it is essential that the student-athletes are treated fairly and in a manner that is
becoming of their status as representatives and income-generators for their respective schools.
The policies suggested above will go a long way to rectify the wrongful actions and begin the
road to just treatment. By adopting the policies set forth, the NCAA will be taking meaningful
strides to change their image and create a better future.

Revising the Rights of Student-Athletes | 8

 Endnotes

1 Kami Mattioli, The Most Ridiculous NCAA Violations in College Basketball, Sporting
News, September 5, 2014, available at http://www.sportingnews.com/ncaa-
basketball/news/most-ridiculous-silly-insane-ncaa-violations-college-
basketball/d9btttfwi4zy1e28c86oaap2k.
2 Ibid.
3 Ibid.
4 National Collegiate Athletic Association, Form 16-3a: Student-Athlete Statement NCAA
Division I, available at http://www.ncaa.org/sites/default/files/2016-
17_DI_Form_16_3a_Student_Athlete_Statement_20160531.pdf (last accessed April 2017).
5 National Collegiate Athletic Association, 2016-17 NCAA Banned Drugs, available at
http://www.ncaa.org/sites/default/files/2016_17_%20Banned_%20Drugs_%20Educational_
%20Document_20160531.pdf (last accessed April 2017).
6 National Collegiate Athletic Association, Summary of NCAA Eligibility Regulations
NCAA Division I, available at http://www.ncaa.org/sites/default/files/2016-
17_Summary_of_NCAA_Regulations_2016_17_20160531.pdf (last accessed April 2017).
7 Ibid.
8 Ibid.
9 Samford University, NCAA Compliance Information, available at
http://grfx.cstv.com/photos/schools/samf/genrel/auto_pdf/SSHNCAARulesandRegs.pdf(last
accessed April 2017).
10 NCAA, Summary of NCAA Eligibility Regulations NCAA Division I.
11 Gordon Schnell and David Scupp, The Hypocrisy of Big-Time College Sports, CNN, April
1, 2014, available at http://www.cnn.com/2014/04/01/opinion/schnell-scupp-college-athletes-
pay/.
12 Ibid.
13 Greg Johnson and StudentNation, The NCAA Makes Billions and Student Athletes Get
None of It, The Nation, April 9, 2014, available at https://www.thenation.com/article/ncaa-
makes-billions-and-student-athletes-get-none-it/.
14 Dan Duggan, With Continued Expansion, Bowl Games Are Nearing Participation Trophy
Status, New Jersey On-Line, May 6, 2015, available at
http://www.nj.com/rutgersfootball/index.ssf/2015/05/with_continued_expansion_bowl_game
s_are_nearing_pa.html.
15 Ibid.
16 Ibid.
17 Barry Horn, How College Football Games Are Getting Longer and Starting to Seem
Virtually Endless, The Dallas Morning News, January 10, 2017, available at
http://sportsday.dallasnews.com/college-sports/collegesports/2017/01/10/snails-pace-college-
football-games-become-marathons-fans-coaches-seem-mind.
18 Michael Schwartz, Changing the NCAA: A Case for the Olympic Model, San Diego State
Sports MBA, September 3, 2013, available at http://www.sportsmbablog.com/changing-the-
ncaa-case-for-olympic-model/.
19 Ibid.
20 Johnson and StudentNation, The NCAA Makes Billions and Student Athletes Get None of
It.

Revising the Rights of Student-Athletes | 9

21 Schwartz, Changing the NCAA: A Case for the Olympic Model.
22 Michael Macklon, The Rise of Labor Unions in Pro Sports, Investopedia, July 5, 2011,
available at http://www.investopedia.com/financial-edge/0711/the-rise-of-labor-unions-in-
pro-sports.aspx.
23 National Football League Players Association, About the NFLPA, available at
https://www.nflpa.com/about (last accessed April 2017).
24 National Collegiate Athletic Association, Student-Athlete Advisory Committees (SAACs),
available at http://www.ncaa.org/student-athletes/ncaa-student-athlete-advisory-committees-
saacs (last accessed April 2017).
25 Ibid.
26 PAC-12 Conference, PAC-12 Universities Adopt Sweeping Reforms for Student-Athletes,
Guaranteeing Scholarships, Improving Health Care, and More, PAC-12, October 27, 2014,
available at http://pac-12.com/article/2014/10/27/pac-12-universities-adopt-sweeping-
reforms-student-athletes-guaranteeing.
27 Lynn OShaughnessy, 7 Things You Need to Know About Sports Scholarships, U.S. News
and World Report, June 22, 2010, available at https://www.usnews.com/education/blogs/the-
college-solution/2010/06/22/7-things-you-need-to-know-about-sports-scholarships.
28 Pete Volk, Richard Sherman on the NCAA: Youre Not Scholarship for School, SB
Nation, January 30, 2015, available at http://www.sbnation.com/college-
football/2015/1/30/7951529/seahawks-richard-sherman-michael-bennett-slam-ncaa.
29 PAC-12 Conference, PAC-12 Universities Adopt Sweeping Reforms for Student-Athletes,
Guaranteeing Scholarships, Improving Health Care, and More.
30 Ibid.
31 Ibid.
32 Ibid.

Pictures on Title Page Taken From (clockwise from top left):

Michael Smith, The Least-Known, Most Powerful Person in Basketball, Sports Business,
November 8, 2010, available at
http://www.sportsbusinessdaily.com/Journal/Issues/2010/11/20101108/SBJ-In-
Depth/The-Least-Known-Most-Powerful-Person-In-Basketball.aspx.
Morgan Moriarty, NCAA Womens Basketball Tournament 2017: Bracket, Schedule, and
Scores, SB Nation, April 1, 2017, available at http://www.sbnation.com/college-
basketball/2017/3/13/14894276/ncaa-womens-basketball-tournament-2017-bracket-
results-announced.
Top 10 Largest-Capacity College Football Stadiums, NFL.com, available at
http://www.nfl.com/photos/0ap1000000214278.
Cork Gaines, The Top 20 Most Dominant College Sports Programs, Business Insider,
November 13, 2014, available at http://www.businessinsider.com/dominant-college-
sports-programs-2014-11?op=1/#-university-of-arizona-1.

Revising the Rights of Student-Athletes | 10