THE ROLE OF THE COURTS IN NCAA REGULATION OF AMATEURISM IN INTERCOLLEGIATE ...

180 Pages·2017·0.72 MB·English

by  Win95, Win95

PAY FOR PLAY: THE ROLE OF THE COURTS IN NCAA REGULATION OF
AMATEURISM IN INTERCOLLEGIATE ATHLETICS

By
Robert S. Kniss

A DISSERTATION

Submitted to
Michigan State University
in partial fulfillment of the requirements
for the degree of

Higher, Adult, and Lifelong Education – Doctor of Philosophy
2017
ABSTRACT
PAY FOR PLAY: THE ROLE OF THE COURTS IN NCAA REGULATION OF
AMATEURISM IN INTERCOLLEGIATE ATHLETICS

By

Robert S. Kniss

The National Collegiate Athletic Association and the manner in which it governs
intercollegiate athletics has come under intense scrutiny in its recent history. The area within the
NCAA’s policy’s and legislation that has come under fire the most is its regulation on student-
athlete amateurism. Within the past few decades the NCAA has faced an ever growing demand
for it to move away from the amateurism model of college athletics, and embrace a model of pay
for play. During this time the NCAA has faced numerous lawsuits that challenge the manner in
which it operates. For its part, the NCAA has responded to the lawsuits, win or lose, with
legislative changes that have satisfied their critics to a degree, keeping them content until the
next legal confrontation arises. The NCAA has shown reluctance in scrapping its amateurism
model and instead has attempted to fend off the argument of pay for play by adopting new
policies as tools of mitigation for the debate.
This study is an historical analysis of the court battles the NCAA has faced, and the
strategic manner in which the NCAA has adopted new policies to quell the argument of pay for
play in college athletics. This analysis takes a look at the cases and examines the mechanisms the
NCAA uses to respond to and appease their critics, the institutions it represents, and the student-
athletes. A major focus of this study is to examine how the NCAA has been able to make slight
adaptions to their policies, along with introducing new programs that border on the concept of
amateurism. This study shows that the policy changes made by the NCAA have been reactions to
the legal conflicts they have faced and have pushed the limits of pay for play allowing the
NCAA to still proclaim that student-athlete amateurism is a sacrosanct concept within
intercollegiate athletics.
Copyright by
ROBERT S. KNISS
2017
I dedicate this dissertation to my wife Summer and my children Imogen, Lysander, and Portia.
The unwavering love, support, and encouragement from Summer has been crucial in me
achieving my PhD. And for my children to see the importance of education and that they can
accomplish anything.

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ACKNOWLEDGMENTS

Conducting a project as large as a dissertation is not something one can accomplish
without the assistance of key people. There are many people who have given me guidance and
encouragement along this journey. I would first like to thank Dr. Steven Weiland, my
dissertation chair and program advisor. Steve’s guidance and advice was crucial in assisting me
in determining how I wanted to narrow my research, and which direction certain aspects of my
writing should go. As my program advisor, he was helpful in guiding me through the program
and helping me to understand the balance I needed to maintain between my studies and my
professional goals. I would also like to thank Sue Carter J.D. whose guidance on my dissertation
committee helped me to focus my dissertation on the legal battles the NCAA has faced.
Additionally I would like to thank Dr. Brendan Cantwell and Dr. Matt Wawrzynski for
challenging me in my writing with tough questions that ultimately enhanced my research overall.
Their insights helped me to develop a stronger argument. I would also like to acknowledge Joy
Milano and her efforts in editing my work and giving me guidance on where my writing needed
improvement.
Studying and ultimately completing a PhD is more than just writing a dissertation. It is
an educational journey that has its challenges. It is even more of a demanding process when you
are attempting to complete this journey while being a full time professional and helping raise a
family. During this journey I had many people that gave support in ways that I will forever be
grateful. Dr. Mike Zeig and Dr. Stefan Fletcher came into the program with me and I cannot give
them enough credit for helping me navigate my way through the program and encouraging me to
continue when I began to waver. I would also like to acknowledge Rick Shipman, my director
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and mentor, for allowing me to pursue this degree and for his helpful insights and encouragement
along the way. And finally I want to acknowledge my wife Summer Kniss. I do not believe I
would have been able to accomplish this PhD without her love and support and allowing me to
pursue this ultimate educational accomplishment.

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TABLE OF CONTENTS

LIST OF TABLES X

LIST OF FIGURES XI

Chapter One: Background, Research Questions, and Significance 1
Background to Study 1
Research Questions 5
Significance of this Study 6
Key Events in the History of the NCAA 7

Chapter Two: Brief Literature Review and Research Method 12
Literature Review 12
The NCAA. 12
Collegiate Amateurism. 14
Pay for Play in Collegiate Athletics. 18
Research Method 23
Sample. 23
Documents and Sequence of Steps. 26

Chapter Three: The Sherman Antitrust Act and Televising Collegiate Sporting Events 28
Sherman Antitrust Act History 28
The Sherman Antitrust Act and College Athletics 31
College Football Association. 31
Board of Regents of Oklahoma v. NCAA. 35
District Court. 36
Court of Appeals. 43
Supreme Court. 47
Pay for Play 52

Chapter Four: History of the NCAA Men’s Basketball Tournament and College Athlete
Scholarship Issues 54
White v. NCAA 54
Progress of the Lawsuit 55
The Settlement 57
NCAA March Madness Basketball History and Contracts 63
Pay for Play Ramifications 72

Chapter Five: Names, Images, Likenesses, and Paying College Athletes 76
Ed O’Bannon vs. NCAA 76
Background on Ed O’Bannon. 76
Background on O’Bannon vs. NCAA. 77
Correlation of NCAA Violations to the O’Bannon Lawsuit. 79
EA Sports and Use of Student-Athletes’ Likenesses. 80
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EA Sports. 80
The Lawsuit’s Progress to Trial. 81
Bench Trial. 83
Testimony. 84
Trial Findings and Pay for Play. 90
NCAA Appeal. 91
Supreme Court Petition. 94
Pay for Play Scandals 96
Southern Methodist University. 96
University of Michigan. 100

Chapter Six: Secondary Cases 106
Kent Waldrep Worker’s Compensation Suit 106
Northwestern Unionization 109
Jenkins v. NCAA 111
Summary of Cases 113

Chapter Seven: NCAA Reactions and Policy Changes 115
Amendments to Scholarships and Policies 116
Student-Athlete Catastrophic Injury Insurance Program. 116
Student Assistance Fund. 117
Student-Athlete Opportunity Fund 119
Miscellaneous Expense Account (MEA). 121
Cost of Attendance Increase. 122

Chapter Eight: Findings 125
Looking Again at Amateurism 125
Board of Regents of Oklahoma v. NCAA. 125
White v. NCAA. 127
Ed O’Bannon v. NCAA. 128
A New View of Benefits 130
Managing Amateurism in Public 132

Chapter Nine: Personal Reflections 136
Cultural Significance 136
Reflections 140

APPENDIX 152

REFERENCES 158

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LIST OF TABLES

Table 1: Summary of Cases ........................................................................................................ 114

x