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COLLEGIATE ATHLETICS a Report of Court Decisions, Legislation and Regulations Affecting Collegiate Athletics

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COLLEGIATE ATHLETICS a Report of Court Decisions, Legislation and Regulations Affecting Collegiate Athletics Reprinted from November 2011 Volume 13, Issue 1 November 2011 Volume 11, Issue 9 Legal Issues in COLLEGIATE ATHLETICS A Report of Court Decisions, Legislation and Regulations Affecting Collegiate Athletics LawsIN THIS ISSUEHelp Recruited Student-Athletes Ask the Right Questions By Daniel B. Fitzgerald As a result, most recruits and their Student-athletes must visit the athletic parents have no idea that colleges department website, locate the hyperlink The recruiting process is a once-in-a-lifetime can leave them with sports-related concerning the Student-Athletes’ Right to experience for most student-athletes. Col- medical expenses, take away their Know Act, click on it, and wade through the lege coaches, however, recruit hundreds of scholarship for any reason, leave them details. But a closer examination reveals an players each year. Therefore, it is paramount with tens of thousands of dollars in important function of these laws: educating that student-athletes and their parents are educational-related expenses, and student-athletes on the crucial questions educated on the process, especially when hold their eligibility and scholarship that need to be asked of recruiters and the athletic scholarships are involved. opportunities hostage when they try information that must be obtained before On January 1, 2012, new laws will take to transfer schools. accepting a scholarship offer. effect in California and Connecticut that The NCPA initially advocated for Although the laws in California and attempt to bridge the information gap California and Connecticut to enact more Connecticut differ slightly, the following between student-athletes and the coaches stringent versions of the Student-Athletes’ are a few issues covered in the Student- recruiting them. Commonly known as the Right to Know Act. California’s original Athletes’ Right to Know Act that should be “Student-Athletes’ Right to Know Act,” legislation required that a letter be provided part of any discussions between prospective these laws require colleges and universi- to any recruit within one week of being con- Division I student-athletes and the coaches ties in California and Connecticut to post tacted by a recruiter, disclosing the recruiting recruiting these athletes: specific information concerning athletic and scholarship policies of the college or scholarships on their athletic department university. Connecticut’s initial legislation SCHOLARSHIP RENEWAL websites. required the college or university to obtain The four-year athletic scholarship or The Student-Athletes’ Right to Know the informed consent of recruits. Faced with “full-ride” is largely a myth. Since 1973, Act is backed by the National College opposition from colleges and universities, scholarships have been limited to one year Players Association (“NCPA”), a nonprofit the legislation was diluted in both states. by the NCAA, and must be renewed for advocacy group led by former UCLA foot- The legislation that ultimately became law the following year. This rule changed in ball player Ramogi Huma. Mr. Huma, in simply requires transparency in the recruit- October, as the NCAA Division I Board of Directors voted to allow multi-year testimony before the Connecticut General ing process. Colleges and universities, under scholarships up to the full term of eligibil- Assembly, summarized the recruiting pro- the laws in both states, are required to post ity (although the complete details of this cess as follows: certain information concerning their recruit- ing and scholarship policies on the college change are unavailable at this time). Clear- The majority of high school recruits, or university’s athletic website. ly, multi-year scholarships are preferable who are typically only 16 and 17 At first blush, these laws are passive at- for student-athletes. But regardless of the years old, are deciding which college tempts to require colleges and universities length of the scholarship, student-athletes to attend based on false information to fully disclose the details of what is and must ask coaches about the university’s given to them by athletic recruiters. is not covered by an athletic scholarship. policy concerning the renewal and cancel- lation of scholarships, including, but not limited to, circumstances where student- DANIEL B. FITZGERALD is an associate at Brody Wilkinson PC athletes are injured, there is a coaching in Southport, Connecticut and publisher of the blog Connecticut change, or athletic performance falls below Sports Law (www.ctsportslaw.com). He can be reached at 203- expectations. On a similar note, student- 319-7154 or [email protected]. athletes should inquire about over-signing practices, where the university commits to more student-athletes than it has available November 2011 / 2 scholarships, and how that circumstance student-athletes’ rights should they seek student-athletes who reside in either of these might potentially affect current student- to transfer in the future. states. Nevertheless, all student-athletes and athletes. Although the California law those involved in the recruiting process does not address over-signing practices, MEDICAL EXPENSES should be aware of these laws and insist all student-athletes should request such Injuries are a reality of collegiate athletics. that any college or university provide them information. Therefore, student-athletes need to know with the information that is legally required whether medical insurance will be provided in California and Connecticut, preferably TRANSFER RULES and what limits are associated with that in writing. No one considers the possibility of a coverage. Student-athletes must inquire Surprisingly, other states have not transfer during the recruiting process. as to what medical expenses will be paid, adopted the Student-Athletes’ Right to However, student-athletes should dis- including deductibles, co-payments and co- Know Act, despite the willingness of cuss the process of requesting a release insurance. In addition, the duration of in- many states to introduce other legislation from the respective university to explore surance coverage should be communicated. relating to college sports, such as agent transfer opportunities. Universities Lastly, the availability of a second opinion regulation. It appears that similar legisla- sometimes refuse to grant such a release, from a physician not associated with the tion was introduced in Georgia, but was or grant a limited release, excluding athletic program should be discussed. not adopted. As previously discussed, universities in its league or other rivals, The Student-Athletes’ Right to Know the law simply requires transparency by and any such restrictions should be Act applies only to colleges and universities way of information posted on a college made clear during the recruiting process. located in California and Connecticut. It or university’s athletic website that can Establishing the policy at the outset does not apply to institutions outside of help a prospective student-athlete make can prevent confusion and protect the California and Connecticut that recruit an informed decision on which college or university he or she should attend. Moreover, as California Attorney Stephen Legal Issues in Collegiate Athletics is a publication of Hackney Publications. K. Rush has opined, greater transparency Copyright © 2011. will likely provide a recruiting advantage Legal Issues in Collegiate Athletics is published monthly by Hackney Publications, for colleges and universities that disclose P.O. Box 684611, Austin, TX 78768. such information over those institutions that do not. At present, however, California www.hackneypublications.com and Connecticut are the only states that have adopted the Student-Athletes’ Right to Know Act. n Legal Issues in Collegiate Athletics Copyright © 2011 Hackney Publications (hackneypublications.com).
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