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Document Type

Article

Media Type

Text

Abstract

This note discusses the National Collegiate Athletic Association's (NCAA) current penalty enforcement procedures and whether student-athletes are afforded adequate protection from penalties for violations not committed by them. It examines the line of cases discussing whether the NCAA is a state actor when imposing sanctions upon member institutions. The 1988 United States Supreme Court case of NCAA v. Tarkanian held the NCAA not to be a state actor when sanctioning member institutions, thus depriving coaches and student-athletes of the opportunity for court redress for a possible liberty or property deprivation. Specifically, this note asserts that with respect to the 2003 sanctions imposed upon the University of Michigan men's basketball team, the NCAA was a state actor because of the cooperation and joint participation between the Michigan and the NCAA. This note concludes that innocent student-athletes are being unfairly sanctioned for penalties not committed by them and proposes internal changes to the current NCAA sanctioning process to ensure more protection for innocent student-athletes.

First Page

297

Last Page

345

Publication Date

5-1-2005

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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