National Collegiate Athletic Association - Essay Example

Several sanctions were imposed on UNLV which included two-year probation for the university’s basketball team. Also, a show cause was requested to justify why more penalties should not be imposed if Tarkanian was not suspended from the athletic program. Following this Tarkanian was suspended.
Issue: The main issue here is whether the NCCA was a state actor act under the color of the state law and whether the procedural due process was violated.
Decision: NCCA was not a state actor and was acting under the influence of the state law of Nevada but the procedural due process was violated and the initial injunction was upheld.
Rule: Following rules were used in making the decision:
• the protections of the Fourteenth Amendment do not extend to “private conduct abridging individual rights”
• “under color of” state law; thus, liability attaches only to those wrongdoers “who carry a badge of authority of a State and represent it in some capacity, whether they act by their authority or misuse it.”
• “Misuse of power, possessed by state law and made possible only because the wrongdoer is clothed with the authority of state law, is an action taken `under color of' state law.”
Legal Reasoning: NCCA had no governmental powers during the investigation and did not have the power to impose sanctions on the employee of the members. UNLV decided to suspend Tarkanian when he had the option to retain him.
Business
College athletics has turned into a billion-dollar industry with athletes generating huge revenues for universities and other stakeholders. But the fact that athletes are not paid or financially compensated has given rise to a lot of issues. Athletes receiving money under the table has grabbed the attention of the media and there is increased pressure on the universities to pay the athletes for their participation. But before making the decision various factors have to be looked into such as the spending of the revenue generated. Not all sports generate the same revenue as that generated by basketball and football. Hence, the revenue generated by these popular sports needs to be used in funding other lesser popular sports and hence balance the whole sports program. This will help in increasing participation in the number of Olympic sports. The athlete’s education is sponsored in return for their participation in university sports. But as there is increased pressure to address the issue of payment to the athletes to reduce corruption, minimal compensation to the athletes would be best under the circumstances. But it must be ensured that it is approved by NCCA and that all the members follow the same to reduce inequality. Read More