Comments on: The Delicate Balance of Amateurism and Education http://www.ncaa.org/blog/2010/11/the-delicate-balance-of-amateurism-and-education/ Wed, 20 Jun 2012 05:05:51 +0000 hourly 1 http://wordpress.org/?v=3.5 By: pmills http://www.ncaa.org/blog/2010/11/the-delicate-balance-of-amateurism-and-education/#comment-21 pmills Fri, 03 Dec 2010 18:35:26 +0000 http://www.ncaa.org/blog/?p=281#comment-21 Maybe this is helpful in your decision….PRECEDENT (defined by Blacks Law Dictionary) a previously decided case which is recognized as authority for the disposition of future cases. At common law, precedents were recognized as a major source of law. A precedent may involve a novel question of common law or it may involve an interpretation of a statute. In either event, to the extent that future cases rely upon it or distinguish it from themselves without disapproving of it, the case will serve as precedent for future cases under the doctrine of Stare Decisis. IF NOT ruled this way then….so in a de novo case they would apply the previous ruling only by way of consideration and allow new evidence to be presented which they did not.
A better way of looking on the issue would be to apply much more of a John Stuart Mill test of intended consequences. What were the Newton’s intent? to get money to select a specific institution for the boy to attend. Kanter’s father on the other hand made extreme effort to maintain the child’s amateur status by meticulous accounting of all monies received for expenses. So don’t say that the Michele situation would even come close to application as the child did in fact sign a professional contract and thus he intended to play as a professional. Selby was allowed to return the funds and sit games as his penalty so again i ask why does the ncaa consistently ask for its own legitimacy to be questioned? I speak to the simple public relations point on that matter they do not seem to care that to the majority of its publics that it serves to be a very illegitimate organization with all of its missteps and inappropriate decisions….as well as having a student cleared and then rescinding the clearance at the end of a season and nullifying all wins in which the student participated. If you ask me the NCAA could apply the rule of stare decisis and have much fewer questions of its legitimacy and gain more public and institutional respect.

]]> By: Greg Alan Edwards http://www.ncaa.org/blog/2010/11/the-delicate-balance-of-amateurism-and-education/#comment-20 Greg Alan Edwards Wed, 10 Nov 2010 21:40:41 +0000 http://www.ncaa.org/blog/?p=281#comment-20 First of all, John, I want to say it is great to have you back on the net. We really missed your insight on a lot of issues NCAA related. I just hate that what happened to you actually did happen.

What I am curious about, and what I think the Bilas article at east was trying to get to, was that everyone would rather not see the NCAA go by the wayside for two reasons.

1) It is not necessary

2) It would basically require a complete reboot of the collegiate system.

Now, I confess, I would have loved to see the NCAA abolished as far back as 10 years ago, because they simply do not put the student athlete first anymore. Now the NCAA is all about image and enforcement and how to continue the profitablility of it’s endeavors without allowing anarchy to reign free. Because how else can the NCAA defend their handling of the clearinghouse and it’s continuing decline in effectiveness? They are understaffed, underpaid, and overwhelmed with trying to do the right thing, and getting it wrong much too often. Agreed those folks do the best they can with what they have, but that simply makes my point. There needs to be not only an overhaul of the existing parameters that control the clearinghouse, but also of the people put in charge of the various departments that control a school’s or and athlete’s fate . We have had people in some of those positions over the last 10-20 years who were themselves in charge of Universities where huge recruiting scandals took place.

But having said all that, I simply want to see the NCAA take thise approach when it comes to dealing with schools and athletes. Put them first, and stop this lethargic and archaic process of dragging things out in the name of “getting all of the facts”. Those types of incidents are what causes most folks blood to boil at the very mention of the letters NCAA.

I have heard and read stories about the folks that work in compliance and clearance. I have yet to hear any of them say anything overly positive about their workload, or their work environment.

The NCAA has created it’s own “bully pulpit” of sorts. A school can say that the NCAA is unfair, and even refuse to participate with them. But should they try and make a stand, they are immediately cut off from the cash streams that being a member of the NCAA represents now. Just like in all of the rest of the world, it is all about the money. No school is crazy enough to take on the NCAA. They know it means their death.

Again, thanks for making it back, you were sorely missed.

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