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Amicus Brief
Nos. 20-512 & 20-520 In The Supreme Court of the United States ----------------------------------------------------------------------- NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Petitioner, v. SHAWNE ALSTON, ET AL., Respondents. ----------------------------------------------------------------------- AMERICAN ATHLETIC CONFERENCE, ET AL., Petitioners, v. SHAWNE ALSTON, ET AL. Respondents. ----------------------------------------------------------------------- On Writs Of Certiorari To The United States Court Of Appeals For The Ninth Circuit ----------------------------------------------------------------------- BRIEF OF GEORGIA, ALABAMA, ARKANSAS, MISSISSIPPI, MONTANA, NORTH DAKOTA, SOUTH CAROLINA, AND SOUTH DAKOTA AS AMICI CURIAE SUPPORTING PETITIONERS ----------------------------------------------------------------------- CHRISTOPHER M. CARR Attorney General of Georgia ANDREW A. PINSON Solicitor General Counsel of Record ROSS W. B ERGETHON Deputy Solicitor General DREW F. W ALDBESER Assistant Solicitor General MILES C. SKEDSVOLD ZACK W. L INDSEY Assistant Attorneys General OFFICE OF THE GEORGIA ATTORNEY GENERAL 40 Capitol Square, SW Atlanta, Georgia 30334 (404) 458-3409 [email protected] i TABLE OF CONTENTS Page Table of Contents ................................................. i Table of Authorities ............................................. ii Interests of Amici Curiae .................................... 1 Summary of the Argument .................................. 3 Argument ............................................................ -
The Knight Commission on Intercollegiate Athletics: Why It Needs Fixing
The Knight Commission on Intercollegiate Athletics: Why It Needs Fixing A Collection of Related Commentaries By Dr. Frank G. Splitt The Drake Group http://thedrakegroup.org/ December 2, 2009 Telling the truth about a given condition is absolutely requisite to any possibility of reforming it. – Barbara Tuchman The Knight Foundation's signature work is its Journalism Program that focuses on leading journalism excellence into the digital age—excellence meaning the fair, accurate, contextual pursuit of truth. – The Knight Foundation Website, 2009 INTRODUCTION TO THE COMMENTARIES SUMMARY – The Knight Commission on Intercollegiate Athletics was established in 1989 by the John S. and James L. Knight Foundation. Under the strong leadership of its founding co- chairs, the Rev. Theodore M. Hesburgh and Dr. William C. Friday, the Commission set forth to put pressure on the NCAA to clean up its own act before Congress stepped in to do it for them. Subsequent to their tenure the Commission strayed far off the course they set. Can colleges control the NCAA? The answer, plain and simple, is no. Neither can the Foundation’s Commission on Intercollegiate Athletics as it is presently structured—it needs to be fixed first. To this end, The Drake Group has urged the president and CEO of the Knight Foundation to take a hard look at the Commission, arguing that the Commission has not only moved off mission, but has morphed into an unofficial arm of the NCAA as well—it seems time for critical introspection. This collection of commentaries tells how and why this situation developed and what might be done about it. -
Keeping Faith with the Student-Athlete, a Solid Start and a New Beginning for a New Century
August 1999 In light of recent events in intercollegiate athletics, it seems particularly timely to offer this Internet version of the combined reports of the Knight Commission on Intercollegiate Athletics. Together with an Introduction, the combined reports detail the work and recommendations of a blue-ribbon panel convened in 1989 to recommend reforms in the governance of intercollegiate athletics. Three reports, published in 1991, 1992 and 1993, were bound in a print volume summarizing the recommendations as of September 1993. The reports were titled Keeping Faith with the Student-Athlete, A Solid Start and A New Beginning for a New Century. Knight Foundation dissolved the Commission in 1996, but not before the National Collegiate Athletic Association drastically overhauled its governance based on a structure “lifted chapter and verse,” according to a New York Times editorial, from the Commission's recommendations. 1 Introduction By Creed C. Black, President; CEO (1988-1998) In 1989, as a decade of highly visible scandals in college sports drew to a close, the trustees of the John S. and James L. Knight Foundation (then known as Knight Foundation) were concerned that athletics abuses threatened the very integrity of higher education. In October of that year, they created a commission on Intercollegiate Athletics and directed it to propose a reform agenda for college sports. As the trustees debated the wisdom of establishing such a commission and the many reasons advanced for doing so, one of them asked me, “What’s the down side of this?” “Worst case,” I responded, “is that we could spend two years and $2 million and wind up with nothing to show of it.” As it turned out, the time ultimately became more than three years and the cost $3 million. -
Athletics Subsidies and College Costs: Are Students Paying for Rising Costs In
Athletics Subsidies and College Costs !1! ! Athletics Subsidies and College Costs: Are Students Paying for Rising Costs in Intercollegiate Athletics Spending? Willis A. Jones University of Kentucky Michael J. Rudolph Marshall University Author Note Correspondence concerning this working paper should be addressed to Willis A. Jones, Educational Policy Studies and Evaluation, University of Kentucky, 131 Taylor Education Bldg, Lexington, KY 40506 Email: [email protected] Athletics Subsidies and College Costs !2! ! Acknowledgement This research was completed with support from a challenge award provided by the Knight Commission on Intercollegiate Athletics to encourage use of its NCAA Division I Athletics & Academic Spending Database. The Knight Commission does not take a position on the findings produced by the research. Athletics Subsidies and College Costs !3! ! Abstract In recent years, many in higher education have condemned the millions of dollars in subsidies received by intercollegiate athletics departments on the premise that colleges and universities pass the costs of these subsidies to students in the form of higher tuition and fees. The evidence supporting this argument, however, has been largely anecdotal. This study used fixed effects regression analyses to explore whether changes in institutional funds allocated to athletics were correlated with student costs, controlling for other factors. The findings of this study call into question the argument that athletics subsidies lead directly to higher student charges. Athletics Subsidies and College Costs !4! ! Athletics Subsidies and College Costs: Are Students Paying the Price for the Rising Costs in Intercollegiate Athletics? Despite calls from many within the higher education community to curtail spending on intercollegiate athletics, research indicates that college/university athletics costs continue to increase rapidly. -
An Analysis of Athlete-Centric Expenses in Ncaa Power 5 Athletic Departments
AN ANALYSIS OF ATHLETE-CENTRIC EXPENSES IN NCAA POWER 5 ATHLETIC DEPARTMENTS Clay Pfeifler A thesis submitted to the faculty at the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Exercise and Sport Science (Sport Administration) in the College of Arts and Sciences Chapel Hill 2018 Approved By: Barbara Osborne Erianne Weight Robert Malekoff © 2018 Clay Pfeifler ALL RIGHTS RESERVED ii ABSTRACT Clay Pfeifler: An Analysis of Student-Athlete Welfare-Related Expenses in NCAA Power 5 Athletic Departments (Under the direction of Barbara Osborne) Today, the NCAA’s pillar of amateurism is under attack and the debate over paying players wields fierce advocates on both sides. Are athletes exploited by a greedy NCAA, or are they the beneficiaries of tremendous opportunity? Absent in the debate is an illustration of actual expenses related to athlete well-being. This study surveyed Power 5 institutions on 2016-17 expenses across eight defined categories related to athlete welfare. Twenty-one institutions indicated that an average of about $29.9 million, or 29.5% of total athletics expenses, go towards those categories. Departments spend an average of $58,840 per athlete across those categories, and this study estimates that a full out-of-state athletic scholarship at is valued at an average of $78,045 annually. With greater detail than done before, this study provides a grounded expense analysis for use in discussion and policy-making related to student-athlete well-being, compensation, and any pay- for-play model within the Power 5. -
LITERATURE REVIEW of DIVISION I ATHLETICS REFORM Prepared for the Knight Commission on Intercollegiate Athletics1 © 2020
LITERATURE REVIEW OF DIVISION I ATHLETICS REFORM Prepared for the Knight Commission on Intercollegiate Athletics1 © 2020 Note: This research was completed with support from the Knight Commission on Intercollegiate Athletics to compile and assess relevant proposals about reform of Division I athletics over the last decade. The views expressed are those of the authors; the Knight Commission does not take any position on those views or on the content or findings of this research. TABLE OF CONTENTS Executive Summary Preface: Charge, Methods and Format, Team Members Part One: Governance Governance Overview College Football Playoff Revenues Redirected to NCAA Antitrust Independent Oversight/Federal Charter/Congressional Oversight Eliminate Conflict of Interest Separate Division I Into Two Classifications Part Two: Finances Financial Transparency Alternative Financial Structures Maintaining Opportunities Non-Profit Status/Taxation/Debt Ratings Paying Athletes Part Three: Athlete Health Academic Success Racial Equity and Justice Coaching Standards Appendix A: Annotated Bibliography Appendix B: Master Reference List2 1 Preferred Citation: Weaver, K., Osborne, B., Haagen, P., Weight, E.A., Broome, L.L., Schmalbeck, R., Bates, B., and Shropshire, K. (2020), Literature Review of Division I Athletics Reform. Prepared for the Knight Commission on Intercollegiate Athletics, Miami, Florida https://www.knightcommission.org/wp-content/uploads/2020/11/literature-review-division-i- athletics-reform-1020-01.pdf 2 Appendix A includes those works which the -
Ed 331 339 Pub Date Available from Pub Type Edrs Price
DOCUMENT RESUME ED 331 339 HE 024 386 TITLE Keeping Faith with the Student-Athlete: A New Model for Intercollegiate Athletics. INSTITUTION Knight Foundation, Charlotte, NC. Commission on Intercollegiate Athletics. PUB DATE Mar 91 NOTE 49p. AVAILABLE FROMKnight Foundation, Commission On Intercollegiate Athletics, 301 South Brevard St., Charlotte, NC 28202. PUB TYPE Reports - General (140) EDRS PRICE MF01/PCO2 Plus Postage. DESCRIPTORS Accountability; *Administrative Policy; Administrator Responsibility; *Administrator Role; Athletes; Athletic Coaches; *Change Strategies; *College Athletics; Higher Education; Integrity; *Intercollegiate Cooperation; Power Structure IDENTIFIERS *Knight Repot"- on Intercollegiate Athletics; *Student Athletes ABSTRACT This report addresses the main issues of reform for intercollegiate athletics and suggests solutions. The first chapter introduces the core of the repert's interest: the place of athletics on the nation's campuses and the imperative to place the well-being of the student-athlete at the forefront of the concerns. The second chapter presents recommendations and outlines a new structure of intercollegiate athletics characterized by the "one-plus-three" model: presidential control directed toward academic integrity, financial integrity, and independent certification. The third chapter calls for a nationwide effort, growing from the campuses outward,to put the "one-plus-three" model into effect and suggests appropriate roles for each of the major groups on campus. Among the recommendations proposed -
A C a L L to a C T I O N
T H E K N I G H T F O U N D AT I O N C O M M I S S I O N O N I N T E R C O L L E G I AT E A T H L E T I C S A C A L L TO A C T I O N Reconnecting College Sports and Higher Education R E P O RT OF THE KNIGHT FOUNDAT I O N Commission On I n t e rcollegiate Athletics JUNE 2001 A C A L L TO A C T I O N Reconnecting College Sports and Higher Education KNIGHT FOUNDATION COMMISSION ON INTERCOLLEGIATE AT H L E T I C S 3 Table of Contents Letter of Transmittal 4 Foreword 8 Ten Years Later 12 A Call to Action 22 Appendix A: Additional Issues for Consideration 32 Appendix B: Action on Knight Commission Recommendations of March 1991 34 Appendix C: Meeting Participants 42 Appendix D: Acknowledgements 45 Appendix E: Statement of Principles 46 R E P O RT OF THE KNIGHT FOUNDAT I O N Commission On I n t e rcollegiate Athletics JUNE 2001 4 KNIGHT FOUNDATION COMMISSION ON INTERCOLLEGIATE AT H L E T I C S KNIGHT FOUNDATION COMMISSION ON INTERCOLLEGIATE AT H L E T I C S 5 Letter of Transmittal Despite widespread cynicism, the Commission remains hopeful. Several positive developments have emerged in the year since the Commission reconvened. Among them: The University of Nebraska W. Gerald Austen, M.D. Board of Regents adopted a resolution urging national limits on athletic program expenditures; a state of Chairman, Board of Trustees Washington ethics board has disallowed a direct contract between Nike and the University of Was h i n g - John S. -
Front-Page Coverage of Intercollegiate Athletics in Five Major Newspapers
Journal of Applied Sport Management Volume 7 Issue 4 Article 11 1-1-2015 Framing the Industry: Front-Page Coverage of Intercollegiate Athletics in Five Major Newspapers Erianne A. Weight Coyte G. Cooper Follow this and additional works at: https://trace.tennessee.edu/jasm Recommended Citation Weight, Erianne A. and Cooper, Coyte G. (2015) "Framing the Industry: Front-Page Coverage of Intercollegiate Athletics in Five Major Newspapers," Journal of Applied Sport Management: Vol. 7 : Iss. 4. https://doi.org/10.18666/JASM-2015-V7-I4-5982 Available at: https://trace.tennessee.edu/jasm/vol7/iss4/11 This Article is brought to you for free and open access by Volunteer, Open Access, Library Journals (VOL Journals), published in partnership with The University of Tennessee (UT) University Libraries. This article has been accepted for inclusion in Journal of Applied Sport Management by an authorized editor. For more information, please visit https://trace.tennessee.edu/jasm. Journal of Applied Sport Management Vol. 7, No. 4, Winter 2015 Framing the Industry Front-Page Coverage of Intercollegiate Athletics in Five Major Newspapers Erianne A. Weight Coyte G. Cooper Abstract This study examined the prevalence, content, and tone of front page intercol- legiate athletic coverage within daily sampling of five major newspapers during the 2011 calendar year through a theoretical lens of framing as a theory of media effects. Analysis reveals broad media presentation of an industry characterized by lavish spending and widespread corruption in football and men’s basketball with roughly 98% of the college sport-coverage word count devoted to men’s sport with 73.7% covering football and 23.8% covering men’s basketball with dominant emergent themes including financial exorbitance, scandal, athlete compensation, conference realignment, conflict between athletics & the academy, athlete entitle- ment, athlete discipline problems, coach power, and hyper-competitiveness. -
Academic Spending Vs. Athletic Spending
Academic Spending Versus Athletic Spending: Who Wins? Donna M. Desrochers JANUARY 2013 Introduction For many individuals, collegiate athletics is the most visible face of higher education. Men’s football and basketball attract widespread television coverage, endorsement deals, and multimillion dollar coaching contracts, leaving most spectators with the impression that college sports are a lucrative business. But participation in National Collegiate Athletic Association (NCAA) Division I athletic programs—the highest level of intercollegiate athletics in the United States—comes with a hefty price tag, one that is usually paid in part by institutions and students. EF At public colleges and universities, Division I athletic programs were a This brief from the Delta Cost Project looks I $6 billion enterprise in fiscal year (FY) at academic and athletic spending in 2010, with costs rapidly spiraling upward NCAA Division I public universities. in recent years. At the root of these rising athletic costs are the multimillion dollar coaching contracts, a demand for more staff and better facilities, and increased scholarship commitments needed to keep pace with rising tuitions (Kirwan & Turner, 2010). At the same time, colleges and universities have struggled to control cost escalation elsewhere on campus due to declining state support and endowment income as well tuition prices that have continued to rise (Desrochers & Kirshstein, 2012). Advocates of college athletics are quick to point out the nonfinancial benefits of college sports programs. Success in college athletics often improves name recognition and institutional prominence, and many believe that enrollments and donations increase as a result. Possible benefits aside, comparisons of spending on athletics and academics raise questions about institutional priorities and whether rising athletic subsidies are appropriate, particularly in the current budgetary environment. -
White Paper the NCAA and “Non-Game Related” Student-Athlete Name, Image and Likeness Restrictions
White Paper The NCAA and “Non-Game Related” Student-Athlete Name, Image and Likeness Restrictions Prepared for the Knight Commission on Intercollegiate Athletics by Professor Gabe Feldman, Tulane Law School; Director, Tulane Sports Law Program; Associate Provost for NCAA Compliance May 2016 Part I: Introduction The on-field success of NCAA Division I student-athletes has translated into billion-dollar television deals, multi-million dollar coaching contracts, extravagant facilities, and lucrative commercial licensing agreements that benefit schools but provide limited and capped benefits to the student-athletes. Universities derive enormous benefit from young men and women who do not share equitably in the value they create. The rapid and largely unconstrained escalation of the commercialization of college sports makes it increasingly difficult to justify the ever-expanding divide between the student-athlete, paid only with restrictive, in-kind benefits or expense reimbursement, and the business of the sports they play. This divide has also given rise to high- profile violations of NCAA rules and costly, time-consuming investigations that often shine an ugly spotlight on questions about the influence of money in college sports and the lack of commitment to education. From both a moral and legal perspective, there is eroding tolerance for selective commercialization restrictions on student-athletes in a system that many perceive to be exploitative, unethical, unfair, inequitable, and unnecessary. Such continued selective enforcement in the name of protecting intercollegiate sports will continue to leave the NCAA vulnerable to litigation and invite broader attacks on the amateurism model as the perception (if not reality) of the unfairness intensifies. -
Memorandum To: Mark Emmert, President, National Collegiate
A project of the John S. and James L. Knight Foundation www.knightcommission.org Memorandum To: Mark Emmert, President, National Collegiate Athletic Association NCAA Division I Board of Directors From: William E. Kirwan and R. Gerald Turner, Co-Chairmen, Knight Commission on Intercollegiate Athletics Subject: Recommendations on NCAA governance and related Division I issues Date: August 6, 2013 The Knight Commission on Intercollegiate Athletics met on June 19, 2013 to complete its 18- month study of the Division I structure and governance issues. The Commission believes its timely conclusions and resulting recommendations can be useful to the NCAA member deliberations on these topics now under way. The Commission’s vital interest in assessing the governance of college sports is linked to its first report in 1991 calling for greater presidential leadership at all levels of college sports governance. That and subsequent reports, including these recommendations, are intended to ensure that the mission and values of higher education are reflected in our sports programs. The following information summarizes key aspects of the Commission’s review, including conclusions of its independent study, actionable recommendations, and areas that merit further examination. About the Commission’s review of NCAA governance and related Division I issues The Commission officially launched its governance review in 2012 following a decision reached at its October 24, 2011 meeting that such an examination was needed despite recent progress toward achieving important academic reforms. The Commission believed then—as it does now—that significant issues continue to challenge the operation and integrity of Division I intercollegiate athletics. Many of these issues are outside of the NCAA’s control and/or beyond the scope of the NCAA’s reform agenda launched in late 2011.