Utilization of the National Collegiate Athletic Association (NCAA) Manual as a Teaching Tool

• Date: 01 January 2009
• Author: Adam Epstein,Paul Anderson
• DOI: http://doi.org/10.1111/j.1744-1722.2009.00062.x
• Published date: 01 January 2009

Utilization of the National Collegiate

Athletic Association (NCAA) Manual as

a Teaching Tool

Adam Epstein

n

and Paul Anderson

nn

I. INTRODUCTION

Teaching a specialized law course to students who are not in law school is a

refreshing venture for most instructors. It often provides the instructor

with an opportunity to teach in an area of specific research interest that is

much more focused than the general business law or legal environment of

business course. Accordingly, for those instructors who have the opportu-

nity to teach a course in sports law in their curriculum in a legal studies

program housed in a college of business, a legal aspects of sport or sport

governance course in a sport management program, or even in a law

school course devoted to collegiate athletics, the most current edition of

the National Collegiate Athletic Association (NCAA) Manual (the Manual)

can be used as part of the pedagogical process in beneficial ways.

1

Many

r2009, Copyright the Authors

Journal compilation rAcademy of Legal Studies in Business 2009

109

Journal of Legal Studies Education

Volume 26, Issue 1, 109–136, Winter/Spring 2009

n

Associate Professor,Finance and Law, Central Michigan University. Special thanksto Bridget

Niland, Assistant Professor, Daemen College, Michael Gentile, Associate Professor, Niagara

University, and Jay Jones, NCAA Director of Membership Services/Division III Governance

Liaison for their insights.

nn

Associate Director, National Sports Law Institute, Marquette University Law School.

1

This article focuses on the provisions utilizing the 2007–8 Division 1 Manual. NATIONAL

COLLEGIATE ATHLETIC ASSOCIATION, 2007–2008 NCAA

s

DIVISION IMANUAL (2007), http://

www.ncaa.org/library/membership/division_i_manual/2007-08/2007-08_dl_manual.pdf (last

visited Nov. 13, 2007) [hereinafter NCAA MANUAL]. Each of these Manuals is available for

free on the dynamic NCAA Web site, under the ‘‘Legislation and Governance’’ tab, then by

clicking on ‘‘Rules and Bylaws.’’ National Collegiate Athletic Association, http://ncaa.org (last

visited Jan. 2, 2009) [hereinafter NCAA Web site]. See http://www.ncaapublications.com/

ProductsDetailView.aspx?sku=D109 for the 2008–9 version of the Division 1 Manual since

the Manual updates and removes links frequently.It isrecommended that instructors use the

most recent and particular NCAA Manual for the division of the NCAA that their school’s

athletic program is a member of.

students will have some familiarity with the NCAA and its role regulating

and administering many of the intercollegiate athletics programs on col-

lege campuses across the United States.

2

However, the vast majority of

these same students will never have reviewed or studied the Man ual before

your class.

Exploring the Manual can be applied in both undergraduate and

graduate student settings.

3

Utilization of the Manual can lead to detailed

discussions of the way in which any business or organization responds and

adapts to changing times,

4

terms,

5

and technologies.

6

It also allows for the

students and instructor to consider and analyze whether the NCAA has

drafted effective and enforceable internal rules, regulations, or policies.

7

2

The NCAA’s headquarters is currently in Indianapolis, Indiana, and it remains a diverse,

voluntary, nonprofit organization with 380,000 student-athletes and over 1000 member

schools. See NCAA MANUAL,supra note 1, back cover and art. 4.02.1, at 18. Other organiza-

tions that regulate collegiate athletics in the United States include the National Association of

Intercollegiate Athletics headquartered in Olathe, Kansas, http://naia.cstv.com/ (last visited

Nov. 13, 2007), and the National Junior College Athletic Association in Colorado Springs,

Colorado, http://www.njcaa.org (last visited Nov. 13 2007).

3

The Appendix provides the selected provisions from the complete table of contents for the

current NCAA Division I Manual that experience has taught to be effective at undergraduate

and graduate levels.

4

Possibly in reaction to heightened public criticism over student-athletes whose eligibility ex-

pired but did not ever graduate from their institution, the NCAA has focused on programs to

put the ‘‘student’’ back in the phrase ‘‘student-athlete.’’ Two of these measures focus on

maintaining the academic eligibility of student-athletes, the Academic Progress Rates (APR),

art. 23.01.1 and measuring student-athlete graduation rates, the Graduation Success Rates

(GSR), art. 23.02.2. NCAA MANUAL,supra note 1, at 363.

5

In 2006, the NCAA decided to change its traditional Division I-A classifications from I-A and

I-AA to the Football Bowl Subdivision (FBS) and Football Championship Subdivision (FCS),

respectively.Also, until 2005, the NCAA Manual referred to the leaders of college campuses as

‘‘Chief Executive Officers.’’ This was changed to ‘‘Presidents and Chancellors’’ beginning

with the 2006 Division I-A Manual. See, e.g., NATIONAL COLLEGIATE ATHLETIC ASSOCIATION,

2006–2007 NCAA

s

DIVISION IMANUAL (2006), art. 2.1.1, at 3 http://www.ncaa.org/library/

membership/division_i_manual/2007-08/2007-08_d1_manual.pdf (last visited Nov. 13, 2007).

See http://www.ncaapublications.com/ProductsDetailView.aspx?sku=D109 for the 2008–2009

version of the NCAA Division I Manual.

6

In 2007, the abuse of e-mail and text messaging prompted the NCAA to establish an outright

ban on text messages between coaches and prospective student-athletes. NCAA MANUAL,supra

note 1, art. 13.1.2, at 99.

7

For example, the instructor may wish to query whether the NCAA has effectively drafted and

enforced policies related to student-athletes and employment. In most situations courts have

found that student-athletes are not employees of their colleges and universities. See, e.g.,

110 Vol. 26 / The Journal of Legal Studies Education