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Topic: College athletes' bill of rights legislation
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Pataskala
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Posted: 5/20/2014 1:01 PM
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I'm posting this here because this board seems to have the most traffic these days.  Several jurisdictions are considering legislation designed to protect college athletes from mistreatment (for want of a better word) in various aspects of athletics.  Mostly they deal with prevention and treatment of sports-related injuries, although some deal with financial assistance.  Interestingly, some provisions might be enforceable against visiting teams, the way some cities tax portions of the incomes of visiting professional athletes.  For example, If Boston passes the ordinance that's before it, a visiting team might violate the law if they put player in the game who has concussion symptoms and hasn't been cleared by a healthcare professional as determined by the Boston Public Health Commissioner.  So a player's participation might be determined by "independent" healthcare consultants from the home team's community rather than the team physician.
Robert Fox
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Posted: 5/20/2014 1:05 PM
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Pataskala wrote:expand_more
So a player's participation might be determined by "independent" healthcare consultants from the home team's community rather than the team physician.

No room for corruption there. No sir.

 
C Money
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Posted: 5/20/2014 1:51 PM
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This......is going to pretty much guarantee Congressional involvement, I think. I don't know if that's a good thing or bad thing. I'm leaning towards "bad" given the recent track record of Congress when it tries to fix pretty much anything. Regardless, the old way of doing things is pretty much over.
Bobcatbob
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Posted: 5/20/2014 2:22 PM
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So many things about this are debateable but to narrow the field a bit, do we really want a city councilman drafting legislation in this area, something I doubt he has spent an extensive amount of time studying?  And even if you could answer yes to that one, do we want every city that could potentially host an athletic event drafting their own form of the legislation?

I hate to say it but this is exactly the kind of scenario an organization like the NCAA is chartered to manage.

And why limit it to college athletes?  Who is looking out for the high school and grade school and AAU athletes who visit Boston?
mf279801
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Posted: 5/20/2014 2:52 PM
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Bobcatbob wrote:expand_more
And why limit it to college athletes?  Who is looking out for the high school and grade school and AAU athletes who visit Boston?

Why? Because high schools, grade schools, and AAU teams don't have the budgets to pay-off the city council...I mean pay for the services of the approved Head Injury Expert (who happens to pay a hefty fee to said City Council for this bit of licensure). Why do you rob banks? Because that's where the money is.



 
OhioCatFan
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Posted: 5/20/2014 10:29 PM
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C Money and mf279801 have hit the nail on the head with two different but related thoughts -- Congress will get involved and local government involvement in this issue is an invitation to corruption.  Since Congress and TR were the initial impetus for the NCAA, I guess we've kind of come full circle here.  Just as the City of Athens can't make laws about fracking that will standup to court scrutiny a local city council can't make up rules that will apply to intercollegiate athletics creating a patchwork quilt of different standards in different locales.  Athens must conform to the laws of the State of Ohio and soon, I predict, we'll have national laws dealing with intercollegiate athletics.  Like C Money, I'm not sure that's a good thing, but it certainly appears better than the alternative that presents itself at the moment.
Last Edited: 5/20/2014 10:32:10 PM by OhioCatFan
BillyTheCat
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Posted: 5/21/2014 11:54 AM
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OhioCatFan wrote:expand_more
C Money and mf279801 have hit the nail on the head with two different but related thoughts -- Congress will get involved and local government involvement in this issue is an invitation to corruption.  Since Congress and TR were the initial impetus for the NCAA, I guess we've kind of come full circle here.  Just as the City of Athens can't make laws about fracking that will standup to court scrutiny a local city council can't make up rules that will apply to intercollegiate athletics creating a patchwork quilt of different standards in different locales.  Athens must conform to the laws of the State of Ohio and soon, I predict, we'll have national laws dealing with intercollegiate athletics.  Like C Money, I'm not sure that's a good thing, but it certainly appears better than the alternative that presents itself at the moment.



You are correct on local government will get involved.  The Ohio House just passed legislation that defines what a student athlete is NOT, and states they are NOT employees in any way shape or form in the State of Ohio.

 
L.C.
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Posted: 5/21/2014 1:48 PM
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BillyTheCat wrote:expand_more
You are correct on local government will get involved.  The Ohio House just passed legislation that defines what a student athlete is NOT, and states they are NOT employees in any way shape or form in the State of Ohio.

Given that Federal law preempts state law, I don't know how much effect that will have. If they are "employees" under Federal law, I don't see how a state statute can change that.
mf279801
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Posted: 5/21/2014 2:23 PM
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L.C. wrote:expand_more
You are correct on local government will get involved.  The Ohio House just passed legislation that defines what a student athlete is NOT, and states they are NOT employees in any way shape or form in the State of Ohio.

Given that Federal law preempts state law, I don't know how much effect that will have. If they are "employees" under Federal law, I don't see how a state statute can change that.

The NLRB ruling only affects private universities (at the moment it ONLY affects Northwestern, but its just easier to talk about it this way): public employers/employees are not covered by the NLRB. The federal law cannot preempt state law in this case because it doesn't apply.

  Edit: at least at the State level. I'm not sure how it works for local governments or the Feds.
Last Edited: 5/21/2014 2:26:23 PM by mf279801
OhioStunter
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Posted: 5/21/2014 3:23 PM
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Bobcatbob wrote:expand_more
So many things about this are debateable but to narrow the field a bit, do we really want a city councilman drafting legislation in this area, something I doubt he has spent an extensive amount of time studying?  And even if you could answer yes to that one, do we want every city that could potentially host an athletic event drafting their own form of the legislation?

I hate to say it but this is exactly the kind of scenario an organization like the NCAA is chartered to manage.

And why limit it to college athletes?  Who is looking out for the high school and grade school and AAU athletes who visit Boston?

But city councilmen routinely draft legislation they know very little about.

I'm not trying to be funny, it is the truth. Why should we be upset by a councilman drafting legislation "in this area" and not by councilmen who draft legislation on environmental issues, health issues, etc.? I now can't buy a Big Gulp in NYC.

I agree that the NCAA is chartered to manage this -- and they need to do a better job of it. I don't see this working out because it sets up a competitive advantage for Boston athletes. If JC wanted to take a player with him, that player would get an additional year of scholarship, as I read this proposal.* Ohio wouldn't be compelled to do that and BC would.

You also pose a good question about youth sports, which seem to be increasingly more competitive and structured for potential college/pro success vs. fun.


*Athletes would receive as much as a fifth full year of institutional financial aid if they haven't graduated yet, assuming they are not academically ineligible or did not violate the university's student disciplinary policy. If an athletic scholarship is not renewed for a reason other than ineligibility or discipline, the university would have to provide an equivalent scholarship for up to five years.

 
BillyTheCat
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Posted: 5/21/2014 10:37 PM
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L.C. wrote:expand_more
You are correct on local government will get involved. The Ohio House just passed legislation that defines what a student athlete is NOT, and states they are NOT employees in any way shape or form in the State of Ohio.

Given that Federal law preempts state law, I don't know how much effect that will have. If they are "employees" under Federal law, I don't see how a state statute can change that.
And Right to Work States would also pre-empt the NLRB, and many RTW States are already working on a way to keep their Universities union free.
davepi2
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Posted: 5/23/2014 1:14 PM
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Would one of our members who is a lawyer answer the following? With title 1x regulations would you not have to take any athlete receiving income for employment off athletic scholarship? If that is true then any athlete in this status would have to pay for his education out of his own pocket not to mention he would be taxed on his income. Now of course I guess the athletes in question could qualify for a academic scholarship(the d3 model) but most after paying their tuition, room and board, and misc. expenses wouldn't have much left. What is the gain for the athlete?
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