Volume 22 Issue 1 Article 1 1-1-2015 NCAA Division I Athletic Directors: An Analysis of the Responsibilities, Qualifications and Characteristics Glenn M. Wong Christopher R. Deubert Justin Hayek Follow this and additional works at: https://digitalcommons.law.villanova.edu/mslj Part of the Entertainment, Arts, and Sports Law Commons Recommended Citation Glenn M. Wong, Christopher R. Deubert & Justin Hayek, NCAA Division I Athletic Directors: An Analysis of the Responsibilities, Qualifications and Characteristics, 22 Jeffrey S. Moorad Sports L.J. 1 (2015). Available at: https://digitalcommons.law.villanova.edu/mslj/vol22/iss1/1 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Jeffrey S. Moorad Sports Law Journal by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. 36293-vls_22-1 Sheet No. 9 Side A 04/07/2015 08:38:16 \\jciprod01\productn\V\VLS\22-1\VLS101.txt unknown Seq: 1 31-MAR-15 13:44 Wong et al.: NCAA Division I Athletic Directors: An Analysis of the Responsibi JEFFREY S. MOORAD SPORTS LAW JOURNAL VOLUME XXII 2015 ISSUE 1 NCAA DIVISION I ATHLETIC DIRECTORS: AN ANALYSIS OF THE RESPONSIBILITIES, QUALIFICATIONS AND CHARACTERISTICS GLENN M. WONG,* CHRISTOPHER R. DEUBERT* & JUSTIN HAYEK* I. INTRODUCTION ....................................... 2 R II. THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION ... 4 R A. Division I Membership Structure ................ 5 R 1. FCS Versus FBS ............................... 7 R B. Financial Implications of FBS Versus FCS and No Football ......................................... 8 R 1. FBS Financials ................................ 9 R 2. Division I FCS and Division I Without Football . 10 R III. THE DUTIES OF A DIVISION I ATHLETIC DIRECTOR AND RELATED LEGAL ISSUES ............................... 11 R A. NCAA Issues and Compliance . 12 R 1. Student-Athlete Compensation and Rights of Publicity ...................................... 18 R * Professor, Department of Sport Management, Isenberg School of Manage- ment, University of Massachusetts Amherst; J.D., Boston College Law School; B.A. Brandeis University. Professor Wong is the author of Essentials of Sports Law and 36293-vls_22-1 Sheet No. 9 Side A 04/07/2015 08:38:16 The Comprehensive Guide to Careers in Sports. The authors would like to thank Michael Matt, M.B.A./M.S., Sport Management, University of Massachusetts, Am- herst, MA, for his assistance with this Article. This Article builds on three articles the authors have previously written: Glenn Wong & Chris Deubert, Major League Baseball General Managers: An Analysis of the Responsibilities, Qualifications and Charac- teristics, 18 NINE: A J. OF BASEBALL HIST. & CULTURE 74 (2010); Glenn Wong & Chris Deubert, National Basketball Association General Managers: An Analysis of the Responsibilities, Qualifications and Characteristics, 18 VILL. SPORTS & ENT. L.J. 213 (2011); and Chris Deubert, Glenn M. Wong & Daniel Hatman, National Football League General Managers: An Analysis of the Responsibilities, Qualifications and Charac- teristics, 20 MOORAD SPORTS L.J. 427 (2013). * Senior Law and Ethics Associate, Football Players Health Study at Harvard University and Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School; J.D./M.B.A., Fordham University School of Law and Graduate School of Business; B.S., Sport Management, University of Massa- chusetts Amherst. * Corporate Counsel for Miami Mar Inc. B.A., Westminster College; J.D., No- tre Dame Law School; M.B.A., University of Oxford; M.S. Sport Management, Uni- versity of Massachusetts Amherst. (1) Published by Villanova University Charles Widger School of Law Digital Repository, 2015 1 36293-vls_22-1 Sheet No. 9 Side B 04/07/2015 08:38:16 \\jciprod01\productn\V\VLS\22-1\VLS101.txt unknown Seq: 2 31-MAR-15 13:44 2 JEFFREYJeffreyS. S. MMooradOORAD SportsS LawPORTS Journal,LAW Vol.J 22,OURNAL Iss. 1 [2015], Art.[Vol. 1 22: p. 1 B. Conference Issues and Responsibilities . 21 R C. University Rules, Regulations, and Responsibilities . 31 R D. Compliance with Title IX . 38 R E. Negotiating Contracts . 47 R IV. THE QUALIFICATIONS, DEMOGRAPHICS AND CAREER PATHS OF A DIVISION I ATHLETIC DIRECTOR . 59 R A. Collegiate Playing Experience . 59 R B. Collegiate Coaching Experience . 60 R C. Past Athletic Director Experience . 61 R D. Business Experience . 63 R E. Education . 65 R F. Age.............................................. 66 R G. Gender and Race . 67 R V. CAREER TRACKS ...................................... 69 R A. Collegiate Playing Track . 69 R B. Collegiate Coaching Track . 70 R C. Business Track. 72 R D. Academia . 73 R VI. CONCLUSION ......................................... 74 R I. INTRODUCTION College athletics, perhaps even more so than professional sports, engender a high degree of affinity and attachment. Boost- 36293-vls_22-1 Sheet No. 9 Side B 04/07/2015 08:38:16 ers and alumni are willing to give millions to further the cause of their alma mater. Several schools1 welcome over one hundred thousand spectators from all over the country to a single home foot- ball game on autumn Saturdays.2 College football’s 2014 (and last) Bowl Championship Series (“BCS”) National Championship game garnered some of the highest ratings in cable history.3 Every 1. Throughout this Article, we use the terms “school,” “college” and “univer- sity” interchangeably to represent institutions of higher learning. 2. See generally 2012 National College Football Attendance, NCAA, http://fs.ncaa .org/Docs/stats/football_records/Attendance/2012.pdf (listing attendance statis- tics for all NCAA Men’s varsity football teams for 2012 season). Over 37 million attended Division I FBS football games in 2012. See id. Michigan led the national average with 112,252 per game. See id. 3. See Michael Humes, College Football Generates Record Audiences, ESPN MEDIAZONE (Jan. 10, 2014), http://espnmediazone.com/us/press-releases/2014/ 01/college-football-generates-record-audiences/ (providing increased audience statistics as game became “third most viewed cable program ever”). https://digitalcommons.law.villanova.edu/mslj/vol22/iss1/1 2 36293-vls_22-1 Sheet No. 10 Side A 04/07/2015 08:38:16 \\jciprod01\productn\V\VLS\22-1\VLS101.txt unknown Seq: 3 31-MAR-15 13:44 2015] Wong et al.:NCAA NCAA Division DIVISION I Athletic I A Directors:THLETIC An D AnalysisIRECTORS of the Responsibi 3 March, economists estimate hundreds of millions of dollars in pro- ductivity is lost due to Madness.4 The position of Athletic Director is perhaps the most prestigi- ous in all of college athletics. It is, in a sense, the general manager of a portfolio of sports teams that potentially represents the univer- sity in front of millions of spectators. However, the duties and re- sponsibilities of an Athletic Director are very different from its professional counterpart. Instead of reporting to a team president or owner, the Athletic Director answers to the university president, chancellor, or board of directors (or governors). The teams do not belong to a professional sport league, but instead are part of the National Collegiate Athletic Association (“NCAA”). NCAA ama- teurism rules (for now)5 require that student-athletes are not paid, and therefore Athletic Directors primarily concern themselves with issues such as compliance, fundraising, and coaching contract deci- sions, in lieu of salary caps, player contract negotiations, drafts, and free agency. The purpose of this Article is to study how the constitution of Division I Football Bowl Subdivision (“FBS”)6 Athletic Directors has changed over the last twenty years. The revenues associated with college football and men’s basketball have increased as those sports have become more popular.7 Given the rising stakes and increasing pressure to perform, many industry professionals believe that there is a conscience movement away from the traditional exercise of hir- ing ex-coaches as Athletic Directors toward a preference for individ- uals with a strong business background or previous Athletic Director experience. In support, many cite that the compensation 36293-vls_22-1 Sheet No. 10 Side A 04/07/2015 08:38:16 package for top Athletic Directors has become commensurate with business executives who deal with tens or hundreds of millions in revenue. For example, Vanderbilt Athletic Director David Williams 4. See generally Caroline Fairchild, March Madness Watchers To Cost Businesses $134 Million In Just The First Two Days: Study, HUFFINGTON POST (Mar. 17, 2013), http://www.huffingtonpost.com/2013/03/17/march-madness-at-work_n_2868016 .html (providing estimations of how much economic productivity is lost due to March Madness). 5. For a discussion on the possibility of changes to NCAA amateurism rules, see infra Section III(A)(i): Student-Athlete Compensation and Rights of Publicity. 6. See infra Sections II (A)-(B) and accompanying footnotes for a discussion of the significance of the FBS designation. This distinction is further discussed in Section II.A of the NCAA MANUAL infra note 13. 7. See generally Revenues & Expenses 2004-2012, NCAA Division I Intercollegi- ate Athletics Programs Report, NCAA, available at https://www.ncaapublications .com/p-4306-revenues-and-expenses-2004-2012-ncaa-division-i-intercollegiate-ath- letics-programs-report.aspx (discussing increasing revenues in college sports such as football and basketball). Published by Villanova University Charles