Governance Issues in High School and College Athletics

Abstract

This chapter explores the regulation of high school and college athletics primarily by private not-for-profit associations (athletic associations). First, it discusses the expansiveness of regulatory authority of the high school athletic associations to include wide ranging issues including athlete eligibility, recruiting, drug testing, athlete conduct, home schooled students, students, age rules, and marketing activities. Due to this broad authority, decisions by athlete associations impact participation rights of students. Thus, this chapter presents the state action doctrine used by the courts to determine whether athletic associations' rules and regulations which deny or restrict participation rights is a violation of the U.S. Constitution. This state action analysis is the first step in understanding why judicial restraints may be imposed on the regulatory authority of high school athletics associations and the application of due process and equal protection to the rights of high school and college athletes. Furthermore, this chapter investigates the regulatory authority of college athletics association like the National Collegiate Athletic Association (NCAA). The NCAA is not a state actor and thus this chapter discusses legal challenges to the NCAA's authority as derived from private association law, federal nondiscrimination statutes (Title IX), and federal antitrust statutes (Sherman Act). Another emerging issue covered is the importance of antitrust challenges by college student athletes to the business of college sports and the NCAA's commercial restraints on college athletes. The chapter concludes by summarizing the reform roles of the Knight Foundation's Commission on Intercollegiate Athletics (Knight Commission) and the Equity in Athletics Disclosure Act.