Sunday, November 11, 2012

Muhammed Case and Others Put Arbitrary Nature of NCAA Enforcement On Full Display


The fact that UCLA freshman guard Shabazz Muhammed was ruled ineligible by the NCAA prior to the Bruins’ season opener against Indiana State came as a surprise only to those within the Westwood bubble who were unwilling to acknowledge a set of facts that clearly pointed toward a violation. But while the ruling in Muhammed’s case seems to be correct, albeit poorly timed, other cases in which the NCAA handed down rulings this week weren’t based in nearly as much common sense.

For example, nine-game suspensions handed out to Indiana freshmen Peter Jurkin and Hanner Mosquera-Perea came as a result of their having done nothing more than play on an AAU team coached by a man who had given $185 to the school between 1986-1992, apparently enough for that coach, Mark Adams, to be deemed a “booster”.

Given that the way the letter of the law stands right now does indeed mean these suspensions were “by the book”. But if that is the case, then the book needs to be rewritten.

Because right now, the book that is NCAA rules on amateurism is simply too big and too onerous to effectively enforce.

Without the ability to enforce each and every regulation, the organization has forced itself into a situation in which enforcement is necessarily arbitrary. Sometimes the rulings handed down from headquarters in Indianapolis are “by the book”. Other times the ruling seems grounded more in the common sense of the case, even if that common sense isn’t exactly in line with the letter of the law. Consistent enforcement is simply impossible with the way the NCAA has its bylaws written at this point.

The solution? Simplify things.

I hate the idea that student-athletes should be paid by the schools for their participation in intercollegiate athletics. Not because they don’t deserve compensation, but instead because they are already compensated to the tune of up to $50,000 of free tuition, room, and board.

But what I do object to is the prohibition placed on these student-athletes by the NCAA when it comes to obtaining funds from elsewhere.

If a student-athlete gets offered the opportunity to appear in a commercial, they should be free to take it. Just as free as any other student would be.

Should the NCAA shed its unnecessary regulation of student-athletes’ outside employment, it would not only make enforcement easier and thus easier to streamline, but would also eliminate the need for schools to try a circumvention of the rules.

The objective of creating an even playing field in the recruiting process is a noble endeavor, but an endeavor the NCAA takes that is destined to fail and ultimately contradictory to the interests of the student-athletes it is designed to protect. After all, if there is no objection to a free market for academic, musical, research, or need-based scholarship money, then why is the same not acceptable when it comes to financing the education of student-athletes?

Too often I think this argument over athlete compensation is narrowly defined by its application to the “1%” of NCAA athletes that dominate our television sets. Beyond the glitz and glamor of big-time college football and men’s basketball are thousands more student-athletes who truly will “go pro in something other than sports”, even if that slogan is quite clichĂ©.

Ultimately the endeavor to make recruiting happen on an even playing field works against the interests of that majority of student-athletes. It prevents them (in some cases) from accepting academic grants that supplement athletic scholarships when such funds would put their team above its scholarship allotment. It prevents them from taking on summer jobs that could be the result of a connection made through the athletic department, a summer job that could perhaps provide both a source of funds and an entre into their industry of choice.

After all, if the manager gave $185 to the school, he or she could be deemed a booster and then suddenly the summer job in a civil engineering firm turns into a secondary NCAA violation.

The onerous nature of NCAA regulations makes their enforcement both unfair and by nature arbitrary. It allows for a coach with a history of cheating like John Calipari to move up the chain without consequence while at the same time cracking down on an innocent rower who might take a job from an alumnus who gave $150 to the athletic department 25 years ago.

Ultimately the problem with the NCAA bylaws is not that student-athletes are prevented from getting special treatment that they deserve, but rather that those bylaws prevent many student-athletes from taking advantage of opportunities open to their classmates who are not burdened by the watchful eye of the compliance department.





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