Week in review: Jan. 24-28

Thirteen Iowa football players are recovering after being hospitalized with exertional illness. What should be learned?

A bullet dodged. The episode involving the hospitalization of 13 Iowa football players for exertional illness is one of the most frightening college sports stories in recent memory.

To review, 13 Iowa players were hospitalized this week after especially strenuous offseason workouts. Their symptoms included dizziness and dark urine.

Here are the articles written in the wake of the event (the number of affected players originally was 12 but later became 13):

Iowa football players cite strenuous workouts before hospitalizations (Des Moines Register)

More on hospitalized Hawkeyes players (ESPN)

12 football players hospitalized with exertional condition (Cedar Rapids Gazette)

Why are 13 Iowa players hospitalized? No firm answers (HawkCentral.com)

Iowa sets timeline for probe into hospitalized football players (USA Today)

The HawkCentral.com article portrayed the condition as fairly common for settings like military training and NFL camps.

But multiple days of hospitalization? Clearly, this was a serious problem.

Some blunt commentary followed, raising legitimate questions about football out-of-season conditioning practices:

Offseason workouts need changes before the next funeral (Dennis Dodd, CBSSports.com)

Was Iowa punishing players? (Dennis Dodd, CBSSports.com)

Iowa deserves close scrutiny after 13 players hospitalized (Matt Hayes, Sporting News)

No explanation reasonable when workout puts 13 in hospital (Gregg Doyel, CBSSports.com)

Parallels have been drawn to the 1997 wrestling-workout deaths, but the circumstances with this case are different. In wrestling, inappropriate workouts were designed for a particular purpose: to make weight. Part of the remedy was to prohibit particular practices, but the main solution was to establish baseline weights for the wrestlers so that the incentive for dangerous weight-loss practices was eliminated.

The Iowa episode didn’t involve rubber suits or steam rooms or purposeful vomiting. Instead, it appeared to be about traditional workout practices, done to excess.

The Dodd column quoted Oklahoma head trainer Scott Anderson from various presentations over the last year: “The way we’re training college football players in this day and age is putting them at risk … The intensity with which it (offseason drills) is done is not sport-specific. The intensity becomes irrational. The intensity, if not the drill, is wholly, fully irrelevant to sport. It’s just purely, openly punishment, not performance.”

What should be done to prevent something like this from happening again?

Emmert on the record. NCAA President Mark Emmert was in the news recently, taking on everything from college sports financing to whether college athletes have become too shielded from professional sports.

Mark Emmert says NCAA doesn’t have ‘tsunami of cash’ (The Associated Press)

New NCAA president speaks candidly at Winthrop event (Rock Hill Herald)

NCAA President Mark Emmert says NCAA doesn’t have ‘tsunami of cash’ (FanHouse)

Pay-to-play not the way [The State (Columbia, S.C.)]

Q&A with NCAA President Mark Emmert (Omaha World-Herald)

When Emmert wasn’t saying something himself, things were being said about him:

What did he know, when did he know it? (Jay Bilas, ESPN)

Bilas lived up to his usual standards of self-assuredness, chiding the NCAA president for daring to say that most programs did not recruit Enes Kanter because they knew of the eligibility risks. Kentucky did sign Canter, and he was subsequently ruled ineligible. “The truth is, Emmert has no earthly idea what people in college basketball ‘knew,’ ” Bilas wrote.

Basketball analyst, lawyer and clairvoyant. Bilas’ talents know no bounds.

By the way, a fan/“reporter” from Kentucky recently planted himself outside the NCAA building, ostensibly refusing to leave until his questions about Kanter were answered. That technique isn’t going to work most of the time, but in this case, NCAA Director of Communication Strategy Chuck Wynne surprised Drew Franklin by providing a number of candid and specific answers about the Kanter case. The seven-minute video is an entertaining and interesting watch.

Texas media agreement, Part 2. Last week brought the news of the 20-year, $300 million Texas-ESPN media agreement. This week came the analysis:

Texas Longhorns set bad precedent with TV deal (Drew Sharp, Detroit News)

OU football: Will Texas network hurt? (Berry Tramel, The Oklahoman)

Time Warner Cable in talks for Longhorns network stake (SportsBusiness Journal)

Aggies’ AD Bill Byrne says Texas’ new cable network could conflict with NCAA recruiting rules (Dallas Morning News)

Why Texas should go independent (Brian Fremeau, ESPN)

On the subject of big bucks, the SportsBusiness Journal reported that this was a lucrative year for the Bowl Championship Series:

BCS payouts grow along with big shares for Big Six conferences (SportsBusiness Journal)

Meanwhile, in Division II … Last week I mentioned that the NCAA GOALS and SCORE studies had guided important decision-making, especially with Division II’s Life in the Balance initiative. Inside Higher Ed’s David Moltz took a good luck at how Division II has achieved addition through subtraction:

Less-is-more approach to sports (Inside Higher Ed)

By the way, the article includes praise for Division II’s approach from Allen Sack, one of the nation’s most vocal critics of many college sports practices. “All of these efforts that have been afoot in Division II to ease up on athletes and let them be students, that’s what’s being lost at the Division I level,” Sack said. “I really don’t see any effort being made at that level to make a compromise on this, but I’d like to see it.”

Oversigning. Discussion about oversigning recruiting classes in Division I football is gaining energy.

Oversigning offenders won’t be curbed by NCAA’s toothless rule (Andy Staples, SI.com)

A better oversigning rule (John Infante, NCAA Bylaw Blog)

Conference realignment updates. Will a week pass without news about possible changes in Division I conferences? Maybe, but probably not in our lifetimes.

Mountain West won’t expand further (The Associated Press)

Big East needs to get tough with Notre Dame (David Lariviere, Forbes)

Big East won’t wait for Villanova to make expansion decision (USA Today)

Central Florida thinks South Florida is trying to block its path to Big East (FanHouse)

Higher education issues. This week yielded discussions about the future of higher education.

The New York Times assembled experts to react to the book “Academically Adrift,” which asserts that almost half of all college students learn little in their first two years.

Does college make you smarter? (New York Times)

The observations are edgy, including the charge that colleges and universities are less interested in education than in keeping cash-paying students happy.

That discussion has ramifications for the high-entertainment approach of the biggest Division I programs, and that point was discussed Thursday at Stanford:

Duke prof weighs tradeoffs between academics, athletics at universities (Stanford Daily)

On another higher ed matter, a looming funding crisis was examined in detail in the Chronicle of Higher Education:

State spending on higher education edges down, as deficits loom (Chronicle of Higher Education)

The gist is that public higher education institutions are facing potentially catastrophic funding shortfalls as federal stimulus money evaporates and tax cuts take hold.

Some presidents and administrators even have a name for it: The Cliff.

I spoke about with Metro State President Stephen Jordan a while back about how The Cliff relates to athletics, and here’s some of what he had to say:

“If you’re already faced with losing 20 percent of your state support and making cuts, do you think there are institutions that can do that and do it only on the academic and student-services side and leave athletics untouched? I think the small institutions are most afraid of the impact this will have because they don’t have an ability to make that up much. Their size really limits the way they can respond….

“At a minimum, it has the potential to imperil individual programs. In some cases, it might imperil entire athletic departments. And I think people are scared to death about this right now….

“I’m not convinced at this point that there’s a lot that can be done (NCAA) legislatively to solve this problem. Anything we do that reduces competitions and reduces the expenses associated with out-of-season is important. I do think the problem we have is the disconnect between the reality of what senior-level people are dealing with on the financial picture and the pressure that coaches and athletic directors put to keep everything the way it is. We’ve got to start finding ways to reduce our costs. To me, again, it’s the number of games, travel time and the things that we keep over time adding to be included in scholarships. All those things add up….

“Student fees might be a part of the solution, but here’s what’s going to happen: The make-up for the general-fund cuts, the institutions are going to do it by raising tuition. So the fees have to be looked at in the context of … all these other decisions presidents are going to have to make about how they keep the ship afloat.”

Putting the ‘student’ back in ‘student-athlete.’ Rob Kasper of the Baltimore Sun this week put together an excellent column:

Putting the ‘student’ back in ‘student-athlete’ at College Park (Rob Kasper, Baltimore Sun)

Here’s his conclusion: “Collegiate football is certainly a big business, and the notion of student-athletes may seem quaint in an era of multimillion-dollar sponsorships and TV contracts. But we should remember that the athletes themselves are the only ones not getting paid in the bargain, and very few of them will get the ultimate payoff of a professional career. The football players bring prestige to the university, and they pay the way for much of the rest of the athletic department. The least we can do in exchange is to make sure they actually get an education.”

Thomas Robinson’s tragedy. Kansas basketball player Thomas Robinson has lived a lifetime of difficulty in the month. First, his maternal grandparents died about two weeks apart. Then last Friday, his mother Lisa died suddenly from a heart attack. Robinson was left trying to figure out how to care for his 9-year-old sister Jayla.

The story is sad beyond words, but the response has been uplifting.

Kansas raising money for Robinson’s younger sister (The Associated Press)

KU fans close ranks around Robinson (Kansas City Star)

NCAA grants relief for Kansas athletics to assist Robinson (University Daily Kansan)

For what it’s worth, a couple of the benefits provided in this case (such as permitting the university to pay for travel to Ms. Robinson’s funeral) are explicitly covered in the Division I Manual and didn’t require any special NCAA authorization or confirmation.

Finally … Thursday was the 10th anniversary of one of the saddest days in college sports history. On Jan. 27, 2001, a plane crash killed 10 Oklahoma State men’s basketball players and staff members. 

OSU plane crash incites change in athletic travel (Tulsa World)

Memories, guilt live on 10 years after Oklahoma State plane crash (FanHouse)

A Better Oversigning Rule

Often times when you see an article title like “Oversigning offenders won’t be curbed by NCAA’s toothless rule” you can safely assume there’s a bit of hyperbole at play. But in the case of Andy Staples excellent evaluation of the issues involved with oversigning in football, his assessment of Proposal 2009-48 and the twin bylaws of 13.9.2.3 and 15.5.1.10.1 is, if anything, generous.

The main problem with 2009-48 and how it affects oversigning is that two documents have been merged in the popular vernacular into a single package. When a prospect is reported to sign a National Letter of Intent (NLI), he or she actually signs two documents: the National Letter of Intent, and a grant-in-aid agreement (GIA), which is the actual athletic scholarship.

The NLI is often said to guarantee an athletic scholarship. In fact, the scholarship guarantees itself. During the period of award (a period that starts as soon as a prospect or student-athlete signs a scholarship agreement), Bylaw 15.3.4.2 allows the scholarship to be cancelled or reduced only if the student-athlete:

  • Renders himself or herself ineligible for competition;
  • Fradulently misrepresents any information on an application, letter of intent, or financial aid agreement;
  • Engages in serious misconduct; or
  • Voluntarily quits the team.

The NLI does not include any additional protections for student-athletes above and beyond the GIA. The NLI simply provides a bigger carrot for not canceling a prospect’s scholarship, namely that the NLI is declared null and void and the prospect is free to be recruited and attend another university. Fact is, the NLI does not obligate the institution to do anything it wouldn’t otherwise be obligated to do if the prospect signed just the scholarship itself and tossed the NLI.

The NCAA membership has, rightfully in my opinion, recognized that signing an NLI is not the only way for a prospect to end their recruitment. As a result, different proposals have provided many of the benefits of signing an NLI to any prospect who signs a GIA or even a walk-on who sends a deposit. At this point, the two main benefits of signing the NLI instead of just the scholarship agreement are the NLI recruiting ban and allowing the school to announce a prospect’s signing.

While this isn’t an anti-NLI post, the NCAA members and the Conference Commissioners Association should take a serious look at the NLI. The fundamentals are good in theory: in exchange for a scholarship, the prospect agrees to give the school a fair shake before transferring. In practice neither is the case and unless the bargain for the prospect is improved, the NLI risks a long, slow, but inevitable fade from relevancy.

The point of all this NLI talk is to show 2009-48 is not just a toothless rule, it really doesn’t limit oversigning at all. Bylaws 13.9.2.3 and 15.5.1.10.1 only limit NLIs to 28. The number of scholarship that can be doled out is still unlimited. Programs are still permitted to commit as many scholarships as they want, so long as the NLI is not attached. The twins don’t limit oversigning, they just require some of the oversigned prospects to be free to walk, since the GIA commits the school to the prospect but not the prospect to the school. And by a quirk of NCAA rules, institutions are prohibited from mentioning that they have signed these additional prospects.

For a true oversigning limit, scholarship agreements rather than NLIs need to be regulated. A real oversigning limit puts into force the following math problem:

GIAs to current SAs + GIAs to new SAs ≤ NCAA Limit

The question then is at what point is a scholarship committed to a prospect and student-athlete? Much has been made on websites like oversigning.com of verbal commitments and the Oversigning twitter feed (unaffiliated with oversigning.com) treats decommitments as possible attrition. Considering how fluid verbal commitments are in football, that’s not appropriate. Neither is the written offer referenced in the recently defeated Proposal 2010-74. Here the commitment is easy to see: signed scholarship agreements.

It’s much tricker on the student-athlete side. Proposal 2010-74, which addressed an issue specific to baseball uses “executed financial aid agreements” which doesn’t help limit scholarship offers in February since most student-athletes have signed agreements for next year. But the NCAA rules offer us a natural ending point for a scholarship. It may be only a one-year guarantee, but according to Bylaw 15.3.5.1, you must affirmatively take away the scholarship until the student-athlete exhausts his or her eligibility. The agreement can only naturally expire at that point.

So a true oversigning limit captures this slightly more complicated math:

GIAs to Current SAs with Eligibility Remaining Next Year + Signed Scholarships by Prospects ≤ NCAA Limit

Does that rule eliminate abuse? No, but it requires it to be managed much differently. At no point could a school be over the limit for next year. So in football, a program would need to nonrenew student-athletes right now. At the very least, it means a football student-athlete knows he needs to find a new school before the vast majority of the scholarships are given away.

Andy Staples’ recommendations are good, but are focused on protecting the prospects, potentially at the expense of current student-athletes. Even the most ardent defender of the one-year scholarship limit must agree though that every student-athlete deserves a fair shake to earn that scholarship for the next year and we should work to limit victims of an accounting requirement or the “bright and shiny” problem.

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office.

About John Infante

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office. If you’re a coach, do not attempt to contact the author looking for a second opinion. If you’re a parent, don’t attempt to contact the author looking for a first opinion. Compliance professionals are by their nature helpful people generally dedicated to getting to the truth. Coaches should have a bit of faith in their own, and parents should talk to one directly.

Week in review: Jan. 17-21

This is a good week to reflect on research, one of the NCAA’s main tools for developing sound policy and better legislation.

Evaluating the student-athlete experience. During last week’s NCAA Convention, the NCAA released its quadrennial report on student-athlete experiences. The Growth, Opportunities, Aspirations, and Learning of Students in College (GOALS) study considered current student-athletes while a companion examination, the Study of College Outcomes and Recent Experiences (SCORE), looked at how former student-athletes regard their experiences.

This all sounds dry, but it’s important. Read on.

NCAA study delves into practice time, coaches’ trust (USA Today)

Listen carefully to college athletes (Jon Solomon, Birmingham News)

College athletes identify trouble spots in women’s basketball (Chronicle of Higher Education)

Solomon provided the most complete review of the GOALS study for his readers, concluding with this observation: “College sports possess so many great qualities. And just as many issues that can be damaging. Listen to the athletes carefully enough, and you’ll hear them all.”

Solomon is 100 percent correct. The NCAA should get credit for asking tough questions, but studies are pointless if nobody acts on the concerns that are uncovered.

Fortunately, the NCAA’s record in this area is encouraging. In the original GOALS examination, the emphasis fell mostly on student-athlete time demands. Those data were used to guide changes in Division I baseball and, more dramatically, in Division II, where playing and practice seasons in most sports were reduced last January through the “Life in the Balance” legislative initiative.

This time around, the GOALS study identified a possible concern with relationships between student-athletes and coaches, especially in women’s basketball. NCAA Research Committee chair Kurt Beron drew a prudent conclusion: “While we observe some differences between women’s basketball and other sports on various elements in these data, it’s important to note that we can’t attribute causality with this information. Is it the case that women’s basketball coaches are behaving differently than coaches in other sports, or are they being held to higher standards by the student-athletes? These are certainly issues for further study.”

Over the last two decades, the NCAA has made enormous advances in its research efforts. Better research has informed improvements in academics, safety, race and gender demographics, and finances, among other things. Critics too often use NCAA research out of context as ammunition to highlight the weakness of college sports. In fact, the Association’s ability to look inward is one of its greatest strengths.

For more information, visit the NCAA research page on NCAA.org.

——–

Coverage of several other matters was provided in the wake of the Convention, including this column:

NCAA Council missed chance to put academics first (John Gillooly, Providence Journal)

Gillooly was writing on the Legislative Council’s defeat of a proposal that would have curtailed early student-athlete recruiting commitments in Division I sports. Gillooly was right to question whether adults contribute to challenges facing urban educators by cultivating illusions of athletics grandeur among children.

“Now (urban educators) also have to worry about college basketball coaches instilling a perception in young kids that they have to spend a lot of time developing their game before they even get into high school,” Gillooly wrote. “Forget going home to do your middle school homework; you need to stay on the playground and work on that jumper.”

Maybe NCAA legislation isn’t the answer, but this question isn’t going to disappear.

Here are a few other stories from the tail end of the NCAA Convention:

NCAA considers academic crackdown in basketball, football (USA Today)

NCAA’s new leader impresses AD Kuntz (Ventura County Star)

(Division II) sports seasons to start later (Inside Higher Ed)

Caution advised on NCAA legislation over likenesses (San Antonio Express)

NCAA enforcement coming under more scrutiny (USA Today)

Reform the NCAA? Group’s new president has his hands full (Rachel Blount, Minneapolis Star Tribune)

Pay for play and the Bylaw Blog. John Infante’s Bylaw Blog, which shares space with this blog on the front of NCAA.org, took a pass as “What Would Paying Student-Athletes Look Like?” The post won immediate acclaim from CBSSports.com’s Ray Ratto, which should be regarded as a sign of trouble.

Infante does not appear to be endorsing pay-for-play. Rather, he’s attempting to frame the proposal that should be discussed. But he gets quite comfortable with his hypothetical during the course of the analysis.

“If you run the league right, it may even be a wash in costs for many football programs (although that’s beyond the score of this post),” Infante wrote.

The discussion certainly becomes easier if you don’t worry about interferences such as money, competitive equity and the many consequences of turning student-athletes into employees.

Here’s what NCAA President Mark Emmert has said about pay-for-play: “Student-athletes will never be paid as long as I’m president of the NCAA. Student-athletes are just that: They’re ‘student-athletes.’ They’re not employees of the university. … It is grossly inappropriate for universities to even talk about paying student-athletes.”

That seems clear enough to indicate this discussion isn’t on the docket.

Student-athletes and violence. Business Insider recently waded into the issue of student-athlete violence.

Does the NCAA ignore student-athlete violence? (Skip Oliva, Business Insider)

To state the obvious, serious allegations of violent sexual assault should concern any right-minded person. Whether that should trigger an NCAA response is an entirely different question.

If you’re interested in learning more, a videostream of an NCAA Convention session on the subject is available on NCAA.org.

None. Zero. Zip. Zilch. Nada. Wrote Seth Newman of the Bleacher Report: “The NCAA wouldn’t want a playoff system because of all the money it makes during the BCS with its bowl sponsors.”

Greedy NCAA and the money maker BCS: How fans can have a playoff system (Seth Newman, Bleacher Report)

Repeat after me: The NCAA does not make any money from Division I postseason bowl games. If you want more information about NCAA revenue, here’s the budget report (the 2009-10 report will be posted next week, by the way). Bowl-games revenue is not included in NCAA television and marketing fees, nor is it included among championships, because that money goes directly to conferences and member schools.

A financial gusher in Texas. This week, ESPN and the University of Texas at Austin formally agreed on a $300 million, 20-year media deal, mostly focusing on the institution’s intercollegiate athletics program.

UT sets new standard with $300 million ESPN deal (Austin American-Statesman)

Texas reaches 20-year, $300 million deal with ESPN (The Associated Press)

All Longhorns, all the time (Inside Higher Ed)

Texas’ star just got way brighter with new TV network (Dennis Dodd, CBSSports.com)

University of Texas’ TV network is a lucrative web of conflicts (Michael Rosenberg, Sports Illustrated)

Conference aftershocks continue. At last week’s NCAA Convention, NCAA President Mark Emmert said he anticipates more intra-division movement as conferences continue to realign. Recent headlines appear to make him a prophet:

Commissioner says WAC has new members lined up (Beaumont Enterprise)

WAC automatic bid will survive (CBSSports.com)

WAC readies to build on new foundation (FanHouse)

San Jose State a possible expansion target for Mountain West Conference (San Jose Mercury News)

NSIC to expand to 16 schools for 2012-13 season (St. Cloud Times)

There was also this:

Abilene Christian University considering switch to Division I (KXTS TV)

If Abilene Christian wants in the Division I game, the school will have to deal with a bigger ante. At the 2011 NCAA Convention, Division I approved new membership standards that could make the application fee top $1 million.

What Would Paying Student-Athletes Look Like?

One of the troubles with the debate over whether college athletes should be paid is that both sides have a moving target. Proponents of NCAA amateurism have many arguments to throw at the idea of paid college athletes, from the dynamic between coach and athlete to the impact on education to the unique appeal college athletics has as elite amateur competition (the old “I hate the pros, bunch of overpaid divas!” complaint). Proponents of professional college athletics have any number of different ideas, from monthly stipends to allowing outside compensation to bona fide professional contracts.

As a result, you’ve rarely seen a debate between the status quo and one definitive alternative. That makes it too easy for proponents of pay-for-play to change the alternative to fit the argument and for proponents of amateurism to change the argument to attack the alternative. The result is that the debate never serves its core function: to force a continual reassessment of the fundamental fairness of the grant-in-aid.

Let’s assume major college football has broken away from the NCAA to form their own league. Football is the example here for a number of reasons. No developmental league exists here or abroad. Removing football from the NCAA has little immediate impact on how college sports are administered, and if anything would improve the situation. The NCAA membership, as a whole, has less at stake in FBS football because of the lack of an NCAA championship.

Let’s also assume that this league keeps the rest of the NCAA rulebook largely intact. Meaning no booster payments, no agreements with agents, all academic eligibility requirements, practice limits, etc.

Payment would not be small monthly stipends. The idea that pocket money solves all the problems is disproven by last summer’s agent cases. $1,000 watches, trips to South Beach, and expensive personal training on the other side of the country are all things elite student-athletes want. They’re also all things that cannot be funded on a couple hundred dollars a month.

It would also not be major league contracts. By that I mean player compensation would likely not vary widely, and would not be tied to a percentage of revenue. This is for a couple reasons. First, a college football league is going to fight hard to keep the parity that exists due to the NCAA’s standard grant-in-aid amount. Second, this would be very a much a minor league and minor leagues tend to have much more standardized player contracts than major leagues.

So what would it look like? Inspiration comes from two sources: the minor league baseball contract and Generation adidas.

The minor league baseball contract is a standard contract that has one major part that changes: the size of the signing bonus. For the first contract season, the salary is capped at $1,100 in the most recent CBA. The slotting system and negotiation is based around the signing bonus.

In Major League Soccer’s Generation adidas program, early entry candidates (high school or college athletes who have not exhausted their eligibility) sign a contract that includes money held in escrow for educational expenses that they have 10 years to use.

So what are the elements of a contract that this league might use?

  • A base salary that covers basic room and board expenses. Let’s use $1,250 per month, which works out to a nice round $15,000 per year and represents a little above the highest room and board allowances.
  • Payment of all tuition, fees, and book costs associated with attending the university during the athlete’s collegiate career, since these would still be student-athletes. Call it an average of $20,000 per year. This money would be guaranteed upon the signing of the contract though at least six years.
  • A signing bonus up to $100,000 or $25,000 annually for a four-year career

That creates a system where the lowest paid players are getting essentially the same deal they are now: a full grant-in-aid that covers tuition, fees, room, board, and books. The highest paid players are getting total compensation of roughly $60,000 per year, but a third of their compensation is earmarked for education. $40,000 a year represents a decent living wage, and much of that money comes up front, which can provide assistance to needy athletes. Stay smart about how you spend your money, and it could provide for a few of the finer things as well.

So to proponents of paying college athletes, focus on this proposal. It’s a sensible proposal for paying college athletes that is based on professional developmental contracts. If you run the league right, it may even be a wash in costs for many football programs (although that’s beyond the score of this post).

And to the proponents of NCAA amateurism, this is the proposal that should be argued against. Stipends and major league contracts are too easy to argue against. It represents both the biggest challenge to NCAA amateurism, as well as the best yardstick for judging the fairness of the grant-in-aid and working toward improving financial assistance for student-athletes while still adhering to NCAA principles.

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office.

About John Infante

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office. If you’re a coach, do not attempt to contact the author looking for a second opinion. If you’re a parent, don’t attempt to contact the author looking for a first opinion. Compliance professionals are by their nature helpful people generally dedicated to getting to the truth. Coaches should have a bit of faith in their own, and parents should talk to one directly.

Week in review: Jan. 10-14

Coverage of the NCAA Convention and postseason football issues dominated the national college sports discussion for the week. Last Friday’s Enes Kanter decision attracted attention as well.

NCAA Convention. The NCAA conducted its 105th annual Convention this week in San Antonio. Media attention focused on NCAA President Mark Emmert, for whom this was the first Convention, and several major legislative issues in Division I.

Here’s a rundown on coverage from the event. Additional coverage (for all divisions, but especially for Divisions II and III) is also available on NCAA.org:

NCAA Convention to open in San Antonio today (San Antonio Express)

NCAA president speaks out against ‘threats’ to college sports (Chronicle of Higher Education)

Emmert has full plate at his 1st NCAA convention (Mike Marot, The Associated Press)

Emmert: Clearly stating his mission (Jeff Rabjohns, Indianapolis Star)

NCAA likely won’t propose emergency legislation regarding Newton case at this week’s Convention (Birmingham News)

For NCAA, is relaxing rules on agents the best remedy? (USA Today)

NCAA talks shady agent contact (San Antonio Express)

NCAA president sees more conference realignment on horizon (San Antonio Express)

Finally, some good news for the WAC: Proposal 2010-100 passes (San Antonio Express)

NCAA president: Tougher parent rules needed (The Associated Press)

NCAA president answers critics (David Moltz, Inside Higher Ed)

NCAA president doesn’t shy from controversy (San Antonio Express)

NCAA president Emmert sets no-nonsense tone in address (USA Today)

NCAA votes to keep status quo on rules (San Antonio Express)

NCAA balks at efforts to loosen restrictions on athletes’ images in ads (Chronicle of Higher Education)

At many colleges, no health insurance means no playing time (Chronicle of Higher Education)

By the way, props to the San Antonio Express, the local newspaper, for its coverage of the Convention.

Enes Kanter. Those who believed Kentucky basketball player Enes Kanter should be eligible to compete this year were disappointed in last Friday’s final ruling that he is permanently ineligible.

Those who disagree with the decision of the Division I Student-Athlete Reinstatement Committee − among them Kentucky President Lee Todd, Athletics Director Mitch Barnhart and coach John Calipari – certainly are entitled to their opinions.

Todd, a member of the Division I Board of Directors, was especially blunt: “As an NCAA Board member, I continue to be puzzled and confused by the reasoning behind the decision, which seems to be an inconsistent and arbitrary application of the rules.”

NCAA President Mark Emmert saw it differently. Speaking to Sports Illustrated’s Seth Davis, he said: “The facts are utterly unambiguous, the rule is utterly unambiguous and the intention of the membership is utterly unambiguous. The vast majority of people in collegiate basketball knew that this was an issue with Enes Kanter. Kentucky knew it. Everybody who talked with him knew it. So I’m amazed that people are shocked by the fact that he is ineligible.”

For my part, I’m going to put in a good word for the honorable individuals from the NCAA membership who volunteer their time to serve on the eligibility and infractions committees that are required to adjudicate matters such as this. The work is difficult and time-consuming. Abundant knowledge of NCAA regulations is required, along with good judgment and the ability to work with legal experts.

Occasionally, as with the Kanter case, the reward for service is a swirl of controversy. They deserve better, but I’m afraid that anger is going to be a constant companion for folks who serve in these roles.

Anyway, here’s a representative look at what was written in the wake of the Kanter decision:

NCAA president offers strong words on Enes Kanter (Sports Illustrated)

Calipari: Kanter ruling sets precedent (ESPN)

Kanter’s well-being foremost on Calipari’s mind (Lexington Herald-Leader)

Calipari, Todd and Barnhart ‘disappointed’ that NCAA denies Kanter’s appeal for eligibility (Lexington Herald-Leader)

Barnhart calls NCAA rules a ‘moving target’ (Lexington  Herald-Leader)

NCAA denies Kanter appeal; Kentucky center ruled permanently ineligible (Sporting News)

Enes Kanter still a top prospect (ESPN)

NCAA rulings hardly consistent [Sam Ellis, Daily Tar Heel (student newspaper)]

No consistency in NCAA rulings (Dick Vitale, ESPN)

RIP, 2010 football season. Auburn defeated Oregon on Monday in one of the greatest national championship games ever, but the game itself didn’t necessarily dominate media space. Writers were seriously wound up about eligibility matters and the structure of the postseason.

Although writers flail at the NCAA for not conducting a major-college playoff, it’s worth saying again that the NCAA is a membership association and that championships can be established only by votes of the member colleges and universities. I know there are those out there who believe that if the NCAA really wanted a playoff to happen, it would. Such statements, however, reveal a lack of understanding of what the NCAA is and how the Association is governed.

Some chatter about a playoff:

BCS title game crowns a champion of a fraudulent system (Sally Jenkins, Washington Post)

College football playoff, not BCS, makes more dollars and sense (Monte Poole, San Jose Mercury-News)

NCAA won’t fix broken system (Lennox Rawlings, Winston Salem Journal)

Some other football issues:

Penalties, scandals highlight irregular college season (USA Today)

It’s getting harder for college football to outrun its seamy side (Bill Livingston, Cleveland Plain Dealer)

Take a tip from Cecil Newton and pay the players (The Associated Press, Tim Dahlberg)

The next step: academics in the BCS? (Gregg Easterbrook, ESPN)

On eve of BCS championship, a call for the NCAA to reform college football (Sally Jenkins, Washington Post)

Political heavy hitters take on college bowls (New York Times)

Ahead Of BCS championship, amateurism considered (National Public Radio)

Potpourri. A few other interesting stories and columns from the week:

Lifetime chits would allow athletes to be students, too (Bruce Smith, Chronicle of Higher Education)

UNLV athletics working to be independent of state money (Las Vegas Sun)

Expansion crunch time: UCF is the best fit for Big East [Central Florida Future (student newspaper)]

Finally Last week, I wrote about how it was inappropriate to compare modern-college athletics to 19th century plantations.

This week, the social-injustice comparison is sweatshops.

Is college athletics a sweatshop? (Bob Greene, CNN)

In a word, no.

Again, consider this an appeal to tone down the rhetoric. Just because a union boss says it, that doesn’t make it so. College athletics has nothing in common with sweatshops.

What Kanter Case Means Going Forward

At the NCAA Convention in San Antonio yesterday, President Mark Emmert discussed specifics about two issues he expects the NCAA Membership to take up in the near future. First, how to strength the bylaws in response to the Cam Newton case:

“It’s wrong for parents to sell the athletic services of their student athletes to a university, and we need to make sure that we have rules to stop that problem,” Emmert said. “And today we don’t. We have to fix that. Student athletes trading on their standing as star student athletes for money or benefits is not acceptable, and we need to address it and make sure it doesn’t happen.”

Second, President Emmert addressed a need for greater transparency in the reinstatement process, specifically as it relates to football and bowl games.

Emmert said the NCAA needs to review and make public who gets to play in bowl games when violations occur.

Another recent case, Enes Kanter’s permanent ineligibility, raises three issues that the membership should look at as well: penalties for some amateurism violations, the responsibility toward international prospects, and the nature of case precedent.

Considering that the NCAA now permits participation with professional teams, violations where compensation exceeds expenses are likely to be more common. In addition, the violations are likely to be the only violation, not layered on top of professional participation and delayed enrollment violations like many of the current cases. So its reasonable to ask if minimal expenses should result in permanently ineligibility or even significant penalties.

Any penalty structure the Division I membership is going to come up with would not help Enes Kanter. It would say “$X and above: eligibility not reinstated” and $X will be well below $33,000. But avoiding the potential nightmare “pocket money” scenario is not only a good idea but also can be done without allowing ex-professionals a path back to Division I eligibility.

Just as it’s important to not blame the NCAA for things that it isn’t responsible for, it’s important to not give credit to the NCAA for things it didn’t intend to do. Proposal 2009-22 never intended to help international student-athletes get eligible. Proposal 2009-22 recognized that you could no longer be sure that participation on a professional team was voluntary.

The NCAA membership has zero responsibility to accommodate international youth development systems. The responsibility is to not close our eyes to international youth sports and use it as evidence of whether the assumptions the NCAA regulations are based on are valid. Nothing has shown yet that receiving money is an involuntary act and thus should not be an amateurism violation.

Finally the University of Kentucky has raised significant concerns about how case precedent is handled. Specifically, the case has raised questions about how broadly high-profile and/or difficult cases can be interpreted as controlling on future cases. The current system right now requires a sort of critical mass. One case might not good as precedent, but multiple cases with roughly the same facts eventually start controlling cases more closely.

It’s something the membership should review, but I’m not sure there’s a better solution. If all cases gain value as precedent, expect slower and more complicated rulings that punish student-athletes more harshly. The Committee on Student-Athlete Reinstatement will be wary about opening a bunch of Pandora’s boxes. On the other hand, no precedent means the Committee on Student-Athlete Reinstatement would have to republish the guidelines constantly. There would be no natural evolution of the reinstatement process, only a step-by-step process when the membership is absolutely certain it wants to take the next step.

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office.

About John Infante

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office. If you’re a coach, do not attempt to contact the author looking for a second opinion. If you’re a parent, don’t attempt to contact the author looking for a first opinion. Compliance professionals are by their nature helpful people generally dedicated to getting to the truth. Coaches should have a bit of faith in their own, and parents should talk to one directly.

Week in review: Jan. 3-7

The holiday break provided little break from controversy in the world of college sports. Major attention was devoted to an extra-benefits issue at Ohio State. An excessive-celebration penalty in the Pinstripe Bowl prompted extensive discussion.

Eligibility issues – again. The number of high-profile eligibility and enforcement cases over the last several months attracted the attention of USA Today’s Steve Weiberg, who postulated Tuesday that it all reflects a renewed NCAA commitment to curtail professionalism among college athletes.

Despite criticism, NCAA takes firm stance on professionalism (USA Today)

Weiberg’s piece is informative, although I do wonder at what point writers will abandon citations of the “plantation” metaphor for the current college athletics model (attorney David Cornwell was quoted to that effect). Participants in college sports are not compelled to participate, and their human needs – food, shelter, medical care, education – are routinely honored. To compare their condition to that of enslaved plantation workers minimizes the plight of Africans who were brought to this country in chains, routinely beaten, usually malnourished, seldom educated and deprived of liberty in every sense of the word.

The Ohio State football matter (five players suspended for games next year, but not for Tuesday’s Sugar Bowl) set off a bipolar reaction in the media. Most commentators appeared to believe the student-athletes should have been suspended for the bowl game. Others believed the five-game suspensions for next year were too harsh.

It’s fair game to criticize the NCAA, but writers should sharpen their aim before firing. In a Columbus Dispatch column, Rob Oller wrote: “When a school signs on with the NCAA, it agrees to allow the association to tighten the noose as it deems necessary. Break the rules and be left with an appeals process that seldom gets challenged in court. Could Ohio State refuse to accept the suspensions? Certainly, but then the NCAA could refuse to sanction the school’s varsity sports, which would mean no help with scheduling games, no officials to work those games and no opponents for those games; NCAA-member schools would be forbidden from playing the Buckeyes. No postseason tournaments, either. Ohio State would be left to schedule non-NCAA schools. At that point, it would make more sense to leave for the NAIA, which of course makes no sense at all.”

Well, we can agree on the last five words.

For what it’s worth, the NCAA provides no help in scheduling games, it does not assign officials for regular-season contests and it does not prevent teams from scheduling as they like, beyond reasonable requirements that reflect an institution’s divisional affiliation. Further, the insinuation that the NCAA appeals process is a sham is simply wrong.

Anyway, here’s some of what was written about the Ohio State episode:

Cam Newton, Terrelle Pryor rulings are completely different (Tony Barnhart, Atlanta Journal-Constitution)

NCAA is sending wrong message (Sally Jenkins, Washington Post)

There’s no profit in standing up to NCAA (Rob Oller, Columbus Dispatch)

Jim Tressel, Ohio State can and should suspend players for Sugar Bowl (Pat McManamon, FanHouse)

NCAA denies playing favorites (The Associated Press)

NCAA issues rare response to critics (New York Times)

Pryor’s acts expose charade of college athletics (Yahoo Sports)

Delany didn’t lobby for suspended players (ESPN)

Ohio State mess fuels notion NCAA is making up rules as it goes along (Stewart Mandel, SI.com)

NCAA: Show me the money! (Frank DeFord, National Public Radio)

“Pay for Play.” Based on an interview from Inside Higher Education, I’m looking forward to reading Ronald A. Smith’s new book, “Pay for Play: A History of Big-Time College Athletic Reform.”

“Pay for Play” (Inside Higher Ed)

A couple of points from the interview are especially worth noting.

First, one rationale for substantial corporate/commercial support of athletics programs has been that the model mimics what is occurring elsewhere in higher education. Smith acknowledges this but says there is a fallacy in saying that commercialism on the academic side is invariably appropriate: “The commercialization and corporatization of colleges and universities to make money for their institutions from teaching, research and athletics is not new, but it is increasing − some say at an alarming rate. The fact that it started with a basically non-educational activity, athletics, is not surprising. That it is intensifying in medical schools, science research and for-profit distance education on the Internet is even more troublesome than what is occurring in athletics.”

The second point involves Smith’s vision for reform:

“Reform, to help ensure academic integrity in intercollegiate athletic programs, will continue to be unsuccessful until the major players are brought together. Presidents cannot, or will not, do so on their own as is the situation today in the NCAA. The major players, I believe, should be the presidents, governing boards (who set university policy), faculties (who have most to do with academic integrity) and students (who are directly involved in playing the games). They must be brought together to create rules that will improve the situation, so that the athletes become an integral part of the student body academically and a level playing field can be created athletically.”

Of course, a case can be made that presidents, faculty and students already are involved in NCAA decision-making, with the final authority for most decisions resting with the presidents. Smith, however, seems to suggest that better policy would come from having more varied perspectives directly involved in making ultimate decisions.

The observation about greater involvement for governing boards is worthwhile. Here’s what the late NCAA President Myles Brand said in an October 2006 speech at the National Press Club: “Presidents too will benefit from a well-defined relationship pertaining to athletics with their governing boards. The NCAA has entered into an agreement with the Association of Governing Boards (to help) educate new governing board members around the country on the proper relationship between boards that set policy in athletics and presidents who put those policies into action and oversee the campus athletics administration.”

No doubt that was a step in the right direction, but was it enough? Do board members need to somehow be formally involved in framing NCAA rules and policies?

It’s a long-term question, but given their importance to the enterprise, it’s something worth considering.

Deductive reasoning. The Washington Post recently included an op-ed piece from Charles Clotfelter, a Duke University public policy professor who encouraged discontinuation of the tax deduction for major college sports programs.

Stop the tax deduction for major college sports programs (Charles Clotfelter, Washington Post)

I’m all for a good tax-reform discussion, but I wasn’t overly persuaded by Professor Clotfelter’s arguments – at least not the ones he put forth in his column. Perhaps he holds an underlying assumption that athletics is not a genuine educational endeavor, but he never made that case. Instead, he seemed to object to people giving so they will have the opportunity to be entertained. In fact, many tax-deductible donation opportunities, including the United Way, come with recognition and incentive programs.

Tax reform is one of the most important issues facing the country, but the question should be approached systematically, not emotionally and not piecemeal.

High school drug testing losing its juice? The Dallas Morning News reported that a reduction in state funding is causing Texas to cut back on steroid testing for high school athletes.

Steroid testing program for high school athletes shrinks as state cuts funds (Dallas Morning News)

Sadly, this trend is almost certain to get worse as the state-government funding crisis accelerates. The Texas circumstance, no doubt playing out in other states, is concerning. To save money and to maximize the number of tests, the state’s high school governing body has tested for only 10 drugs (experts told the Morning News that 40 might be a more appropriate number). The 10 drugs that are tested for are not the most pervasive, leading to few negative tests and giving politicians permission to claim that the problem may be overstated.

It’s a happy day indeed if high school athletes are almost completely free of performance-enhancing drugs, but it’s far from certain that is truly the case. Legitimate testing is still necessary, even if states are unwilling to shoulder the burden themselves. Whether the cost has to be borne locally or as part of the regrettable (but increasingly common) pay-to-play arrangement in high schools, this is one issue that shouldn’t be swept under the rug.

Excessive celebration or excessive officiating? I can’t recall any officiating decision that generated the response of the excessive-celebration call in the final moments of the Syracuse-Kansas State Pinstripe Bowl on Dec. 30.

To review, Kansas State’s Adrian Hilburn scored to pull the Wildcats within two points with about a minute remaining. As he reached the back of the end zone, he briefly saluted the cheering Kansas State fans in the stands. Kansas State was penalized 15 yards on the ensuing conversion, a doubly stiff penalty since the Wildcats had to go for two. The conversion failed and Syracuse won, 36-34.

Suffice to say that media commentators did not back the call:

Officials should be accountable (Manhattan Mercury)

Double standard for celebrations (Mechelle Voepel, ESPN)

Kansas State excessive celebration penalty a new low for refs (SBNation)

Zebra report: Sugar Bowl safety, celebratory salute and illegal substitution (Matt Snyder, FanHouse)

The NCAA Football Rules Committee established the excessive-celebration rule in 1995. At the time, there was widespread consensus that out-of-control behavior needed to be reined in, but even at the outset, the experts knew that interpretation was going to be a problem.

Clearly, that’s still the case. As authorities pointed out after the game, the call fell within the letter of the rule (in fact, salutes are specifically prohibited). However, I saw crowd salutes in other games in 2010 that were not called. Likewise, spontaneous first-down signals by players were flagged in some games but not in others.

This is a hard one. Control is obviously necessary, but a zero-tolerance approach doesn’t seem appropriate either.

Look for the Football Rules Committee to give this some consideration in February.

Division III academic reporting. On Wednesday, Division III issued the results of its pilot academic reporting program. The study showed that for the 115 schools that voluntarily submitted graduation-rates data, 66 percent of student-athletes who enrolled as freshmen in 2003 graduated within six year. That compares favorably with the 65 percent graduation rate for the general student body at the 444 active and provisional Division III member schools. The Division III rate also compares well with federal graduation rates for the most recent cohorts in Division I (64 percent for student-athletes; 63 percent for the student body) and Division II (56 percent for student-athletes; 47 percent for the student body).

How do grad rates of Division III athletes measure up? Quite well, NCAA says (Chronicle of Higher Education)

Athletes and students graduate comparably (Inside Higher Education)

Philosophy Change Slows Down Reform Even More

Everyone in compliance has bad days. There are the run of the mill bad days, when a waiver falls through or you deal with a difficult coach or student-athlete. Then there are the real bad days, the ones that make you question how long you want to stay in this business.

So far I’ve had few soul-crushing days. But one in particular sticks out. Really more of a depressing hour and a half. It was during the 2010 NAAC Convention at a session titled “Assessing the Climate and Hot Topics within Men’s Basketball.” Gene Marsh might have given the keynote, but this was highlight of the two days. A superstar panel that included Julie Cromer, then Director of Academic and Membership Affairs; LuAnn Humphrey, head of the Basketball Focus Group; Pitt Head Coach Jamie Dixon; Long Beach State Head Coach Dan Monson; and Pitt Athletics Director Steve Pederson.

The panel was a frank and honest how the NCAA had come to think about basketball regulation and what basketball coaches thought about the NCAA. And like all frank and honest discussions, it wasn’t pretty. I left the session with a couple of lasting impressions. Most important was the impact of the following points:

  • The vast majority of men’s basketball prospects select a school based on the head coach;
  • Head coaching turnover in Division I is roughly 20% per year.
  • 40% of men’s basketball student-athletes transfer before their junior year;
  • The urge to quickly prepare for professional basketball influences even the smallest decisions prospects make; and
  • The carrot, rather than the stick, is most effective in regulating men’s basketball

Those five bullets were laid out as the boundaries of what can be done to solve the recruiting and academic problems in men’s basketball. It was discouraging to see it accepted as gospel since the implications for programs like the APR and Basketball Focus Group reforms were omnious.

But I got over it. I didn’t agree entirely with the NCAA’s strategy, but I understood it. It was based on a lot of research and careful thought out. It also defined a clear direction and made a lot of the tactical choices more palatable, chief among them Proposal 2010-58, the basketball summer school legislation.

All that hard work is now in jeopardy with a new, sweeping review of the recruiting legislation by the Leadership Council. And instead of seeing some of the above issues as constraints, the Leadership Council sees them as targets:

“We’re not here for the grooming of athletes. We’re here for the grooming of students,” [Missouri AD Mike] Alden said. “Our hope would be at the end of this to come up with a process that aligns more with the values we hold true in higher education.”

Rolling back the clock on the rise of AAU basketball for talent development and identification and the attitude of taking the next step as quickly as possible are now back on the table when previously it seemed like they weren’t. The greatest danger is not that the NCAA members might be attempting an impossible task though.

It’s that developing a whole new strategy is going to take time, and time is not on the NCAA’s side. Every year that passes without a consistent direction in men’s basketball recruiting reform is a year that the NCAA loses ground to the people they are combating. As the NCAA reviews the landscape, nefarious third-parties think up new ways to control the college decisions of prospects and profit from that control.

Without spending enough time, perhaps years getting the membership on board, the legislation that comes out of this review as early as next August will suffer the same fate as the legislation proposed by the Board of Directors last year. A cohesive plan is picked apart by the membership who adopts the proposals it likes and discards the rest.

There’s precedent for a better way though. The “agent” part of the Agents, Gambling and Amateurism staff made headlines this summer in part because the membership has never seriously considered an alternative. While it’s easy to disagree with the NCAA’s unmoving stance, it gave the AGA staff the freedom to catch up with the agents by never changing their goal. Taking the gap literally, the AGA staff was only six months behind the agents, and closing.

The model for the regulation of basketball recruiting that was presented at NAAC wasn’t perfect. It was unsatisfying and made some tough compromises. But it was also practical and realistic. In short, it was good enough. The Leadership Council has lofty goals for this review. Most of it could be achieved even if you accepted the constraints above. The recruiting model needs be rethought, but practically, not philosophically. Then hand it to the Basketball Focus Group so they can build the knowledge and connections needed to bear fruit.

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office.

About John Infante

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office. If you’re a coach, do not attempt to contact the author looking for a second opinion. If you’re a parent, don’t attempt to contact the author looking for a first opinion. Compliance professionals are by their nature helpful people generally dedicated to getting to the truth. Coaches should have a bit of faith in their own, and parents should talk to one directly.

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