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.
College of Law
Northern Illinois University Law Review
Keegan, Mathew M.
"Due Process and the NCAA: Are Innocent Student-Athletes Afforded Adequate Protection from Improper Sanctions? A Call for Change in the NCAA Enforcement Procedures,"
Northern Illinois University Law Review: Vol. 25:
2, Article 3.
Mathew M. Keegan, Note, Due Process and the NCAA: Are Innocent Student-Athletes Afforded Adequate Protection from Improper Sanctions? A Call for Change in the NCAA Enforcement Procedures, 25 N. Ill. U. L. Rev. 297 (2005).