 {"id":1396,"date":"2014-01-16T23:09:30","date_gmt":"2014-01-16T23:09:30","guid":{"rendered":"http:\/\/www.jlpp.org\/old_blog\/?p=1396"},"modified":"2014-01-16T23:09:30","modified_gmt":"2014-01-16T23:09:30","slug":"protecting-student-athletes-all-players-united-against-the-ncaa","status":"publish","type":"post","link":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/2014\/01\/16\/protecting-student-athletes-all-players-united-against-the-ncaa\/","title":{"rendered":"Protecting Student-Athletes: All Players United Against the NCAA"},"content":{"rendered":"<figure id=\"attachment_1399\" aria-describedby=\"caption-attachment-1399\" style=\"width: 300px\" class=\"wp-caption alignleft\"><a href=\"http:\/\/www.jlpp.org\/old_blog\/wp-content\/uploads\/2014\/01\/Football.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-1399\" alt=\"C\/o Daily Northwestern\" src=\"http:\/\/www.jlpp.org\/old_blog\/wp-content\/uploads\/2014\/01\/Football-300x199.jpg\" width=\"300\" height=\"199\" srcset=\"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-content\/uploads\/sites\/3\/2014\/01\/Football-300x199.jpg 300w, https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-content\/uploads\/sites\/3\/2014\/01\/Football.jpg 595w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/a><figcaption id=\"caption-attachment-1399\" class=\"wp-caption-text\">C\/o Daily Northwestern<\/figcaption><\/figure>\n\nThis past summer, <a href=\"http:\/\/www.usatoday.com\/story\/sports\/ncaaf\/sec\/2013\/08\/04\/texas-am-aggies-johnny-manziel-money-for-autographs\/2617413\/\">news broke<\/a> that Texas A&amp;M quarterback <a href=\"http:\/\/www.aggieathletics.com\/ViewArticle.dbml?DB_OEM_ID=27300&amp;ATCLID=205236136\">Johnny Manziel<\/a> allegedly signed autographs and memorabilia in return for money.  Shortly afterwards, <a href=\"http:\/\/espn.go.com\/college-football\/story\/_\/id\/9669838\/photo-shows-johnny-manziel-signing-autographs-south-florida-autograph-broker-drew-tieman\">pictures emerged<\/a> showing Manziel signing photographs for an autograph broker.  This information thrust Manziel into the national spotlight, since the <a href=\"http:\/\/www.ncaa.org\/\">National Collegiate Athletic Association<\/a> (NCAA) <a href=\"https:\/\/web1.ncaa.org\/LSDBi\/exec\/bylawSearch?bylawSearchSubmit=viewHtml&amp;division=1&amp;textTerms=&amp;titleTerms=&amp;keyValue=266&amp;reportType=NotMain&amp;adopted=0\">prohibits<\/a> student-athletes from receiving compensation for the use of their names or likenesses.  The penalty: Manziel was <a href=\"http:\/\/espn.go.com\/college-football\/story\/_\/id\/9609389\/johnny-manziel-texas-aggies-suspended-1st-half-season-opener-rice-owls\">suspended<\/a> for the first half of Texas A&amp;M\u2019s season opener.  The reaction: a backlash against the NCAA for its seemingly arbitrary rules and its inability to justify them.\n\nWhy such a strong reaction?  Manziel\u2019s autograph scandal takes place at a critical time when two separate issues are gaining notoriety.  First, the public has become increasingly aware of the harmful long-term effects of head injuries in football.  The <a href=\"http:\/\/www.pbs.org\/\">Public Broadcasting Service<\/a> (PBS) recently aired a <a href=\"http:\/\/www.theatlanticwire.com\/national\/2013\/10\/winners-and-losers-expose-nfl-concussions-league-of-denial\/70338\/\">documentary<\/a> claiming that the <a href=\"http:\/\/www.nfl.com\/\">National Football League<\/a> (NFL) has known about its concussion problem for nearly 20 years, but that the League has taken active measures to cover it up.  The documentary found that, in 1994, the League <a href=\"http:\/\/www.pbs.org\/wgbh\/pages\/frontline\/sports\/league-of-denial\/timeline-the-nfls-concussion-crisis\/\">created a Mild Traumatic Brain Injury Committee<\/a> and filled it with doctors to investigate the long-term impact of football injuries on mental health.  However, the Committee <a href=\"http:\/\/sports.espn.go.com\/espnmag\/story?id=3644940\">started with the premise that football was relatively safe<\/a>, and then worked backwards to find evidence in support of this premise.\n\nSecond, the NCAA is currently embroiled in a <a href=\"http:\/\/thinkprogress.org\/sports\/2013\/07\/19\/2327411\/6-current-players-join-antitrust-lawsuit-against-the-ncaa\/\">class action antitrust lawsuit<\/a> initiated by current and former college athletes who seek compensation for the use of their names and likenesses in television broadcasts and videogames.  Essentially, the plaintiffs allege that the NCAA\u2014along with the Collegiate Licensing Company and the videogame manufacturer EA Sports\u2014unfairly prevents student-athletes from sharing in the profits gained from televising college games and from selling NCAA-themed videogames.  The NCAA accomplishes this feat by <a href=\"http:\/\/sports.yahoo.com\/news\/ncaaf--latest-college-scandals-again-reveal-folly-of-ncaa-rules-210822795.html\">citing its commitment to maintaining student-athlete amateurism<\/a>, including the NCAA bylaw under which Manziel was ultimately penalized.  The lawsuit prompted the NCAA to end its contract with EA Sports, but the fact remains that <a href=\"http:\/\/thinkprogress.org\/sports\/2013\/07\/19\/2327411\/6-current-players-join-antitrust-lawsuit-against-the-ncaa\/\">the NCAA makes most of its money from its television broadcasts<\/a>.\n\nWhich brings us to a <a href=\"http:\/\/thinkprogress.org\/sports\/2013\/09\/23\/2662961\/college-football-players-don-players-united-wristbands-protest-ncaa\/\">developing story<\/a>: since the commencement of the 2013 college football season, a number of college athletes have worn armbands on game day with \u201cAPU\u201d written across them.  APU is the abbreviation for All Players United, a movement among college athletes\u2014especially football players\u2014protesting the NCAA\u2019s amateurism rules and its handling of player concussions.  The APU movement is organized by the National Collegiate Players Association (NCPA), and it represents an effort to show solidarity among student-athletes in the face of further NCAA rules that prohibit college athletes from formally organizing.  In essence, college athletes are frustrated because they risk their bodies on a weekly basis and they do not share in the profits realized by the NCAA as a result of their efforts.  If they become permanently injured, <a href=\"http:\/\/espn.go.com\/espn\/commentary\/story\/_\/page\/munson-111202\/three-separate-lawsuits-force-reforms-ncaa\">they risk losing their college scholarships<\/a> and even being stuck with long-term medical bills.  In the view of the NCPA and the APU movement, it is inequitable to allow the NCAA to establish rules for itself under which it receives enormous profits while student-athletes gamble with their futures.\n\nAt the very least, the NCAA needs to set forth an adequate justification for its current schema.  The NCCA\u2019s website <a href=\"http:\/\/www.ncaa.org\/wps\/wcm\/connect\/public\/NCAA\/Eligibility\/Remaining+Eligible\/Amateurism\">states<\/a>: \u201cThe NCAA membership has adopted amateurism rules to ensure the students\u2019 priority remains on obtaining a quality education experience and that all of [the] student-athletes are competing equitably.\u201d  However, <a href=\"http:\/\/articles.washingtonpost.com\/2013-09-20\/sports\/42238904_1_college-sports-amateurism-rules-johnny-manziel\">many commentators<\/a> are not convinced that such statements provide an adequate rationale for the NCAA\u2019s restrictive rules.  <a href=\"http:\/\/www.forbes.com\/sites\/darrenheitner\/2013\/09\/12\/r-i-p-ncaa-amateurism-the-student-athlete-is-dead\/\">Other commentators<\/a> argue that the NCAA\u2019s rules simply force amateurism violations underground.  The controversy surrounding the NCAA\u2019s amateurism rules begs the question: is there a less restrictive way in which the Association can protect student-athletes?\n\nFor now, we are left with the NCAA\u2019s <a href=\"http:\/\/www.usatoday.com\/story\/sports\/ncaaf\/2013\/09\/21\/college-football-apu-all-players-united-ncpa-ramogi-huma\/2847203\/\">statement regarding the APU wristbands<\/a>: \u201cAs a higher education association, the NCAA supports open and civil debate regarding all aspects of college athletics.\u201d  If so, the NCAA needs to participate in the debate.","protected":false},"excerpt":{"rendered":"<p>Craig Steen explores the NCAA\u2019s continued adherence to the principle of amateurism in college athletics.  <\/p>\n","protected":false},"author":1,"featured_media":1399,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[28],"tags":[118,121,353,675,1067,1068,1463],"class_list":["post-1396","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-student-blogs","tag-all-players-united-apu","tag-amateurism","tag-concussions","tag-football","tag-national-collegiate-athletic-association-ncaa","tag-national-collegiate-players-association-ncpa","tag-student-athletes"],"acf":[],"_links":{"self":[{"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/posts\/1396","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/comments?post=1396"}],"version-history":[{"count":0,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/posts\/1396\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/media\/1399"}],"wp:attachment":[{"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/media?parent=1396"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/categories?post=1396"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/publications.lawschool.cornell.edu\/jlpp\/wp-json\/wp\/v2\/tags?post=1396"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}