Submitted by Bob Kustra on August 5, 2014 - 3:00am
I recently left the confines of Division I athletics and delivered a commencement address at a Division III college where athletes compete without scholarship in true amateur fashion. If you travel far enough back in the last century, that’s the way it was in intercollegiate athletics, as evidenced by Daniel James Brown’s fine book on the University of Washington rowing team, The Boys in the Boat. It was the 1930s and the young men who won the gold medal in crew at Hitler’s Olympics were not on scholarship. They were just glad to get on the team so the university could line up a part-time job on campus to help pay their tuition.
The NCAA has ranged far afield from the amateur athletics model of days gone by and most of the reforms recently proposed by the NCAA would move it even closer to professional sports. Of course, Division I athletics is already big business, producing millions of dollars in revenue for universities willing and able to make the most expensive investments in their programs -- programs that look less and less like they bear any relationship to the university’s mission and role.
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Over the past three decades, the NCAA has regularly tweaked its governance structure to perpetuate the dominance of a few dozen universities. The so-called “big five” conferences, which have the most resources, continue to pull the strings, with two conferences (the Big Ten and Southeastern Athletic Conferences) taking the lead in calling the shots for the others.. It seems they are never satisfied with their bloated athletic budgets, especially when threatened in recent years by upstart, so-called mid-major programs that steal recruits, oftentimes beat the big boys, “mess with” the national rankings and sometimes take postseason bowl games and revenue away from the anointed few. If they have the resources to outspend their Division I colleagues, then why not fix the NCAA rules to let them do so.
The latest round of NCAA reforms proposes a new governance structure that President Harris Pastides of the University of South Carolina described in a New York Times op-ed piece as allowing universities “to independently determine at what level they can provide resources to benefit students.” Now there’s a surefire way to kick off a race for larger athletics budgets. At the very least, they are to be commended for their honesty.
Of course, this grab for money and power is couched in the noblest of terms -- it’s all about the athletes and paying them beyond the scholarship because they generate revenue for the programs.
Forget the fact that only two Division I sports -- men’s football and men’s basketball -- produce the millions of dollars that fuel the NCAA sports empire and member universities, although all but a couple of dozen operate in the red anyway. All other athletes, while valuable members of the university community, play little if any role in revenue generation for the university. Their teams are called non-revenue sports for a reason.
So what do full scholarship athletes receive now for competing in Division 1 athletics? They receive a scholarship consisting of full tuition, room and board, books and fees, and will leave the university primarily debt-free, unlike the average university student, who will leave with $23,000 of debt.
In some of the most expensive sports -- football and basketball come to mind -- special training tables give athletes access to a quantity and quality of food not provided to other students. Athletic programs provide academic support in the form of study halls, computer access, tutoring, advising and life skills programming, usually not available to their non-athlete counterparts. Athletes receive special academic privileges such as signing up for class before the rush of other students, guaranteeing athletes get the classes of their choice. Athletes receive free professional-level coaching, strength and fitness training, nutritional guidance and access to athletic trainers and physical therapists. In the case of football, athletes travel to games in chartered jets with first-class luxury.
It is sometimes hard to believe that our finest universities and their presidents are behind this effort to fuel what the former NCAA President Myles Brand termed the “arms race” in Division I athletic budgets. You would think that the primacy of the academic mission and the long-held principles of amateur athletics would trump the drive toward commercialism and professionalism in the athletic department. You would think that university presidents would be up in arms at the way the NFL and the NBA use the universities’ athletic departments as training camps and minor league clubs for professional sports.
It is beyond me why university presidents are so quick to fall in line with powerful conference commissioners who seem to be calling the shots with these NCAA reforms. But I have no doubt why the power conferences are working to separate themselves from some Division I universities who still see the value of equity and fairness in athletic funding. Lately, those pesky mid-major programs such as Boise State -- my university -- and many others have showed up the big boys for what they are -- wasteful models of athletic spending that cannot be justified.
The year that Boise State beat Oklahoma in the Fiesta Bowl our entire football budget was less than the salary alone of the Oklahoma football coach. Today, as a USA Today database shows, the Boise State budget for the entire athletic program is $37 million -- and I’m sure there are some who think that excessive. But contrast that budget to the University of Alabama at $124 million, the University of Illinois at $77 million, the University of Nebraska at $83 million or the University of Missouri at $64 million.
What accounts for the difference, you ask? The absurd specialization in staffing and coaching accounts for some of this, with recruiting coaches’ assignments reaching as far down as the sophomore year in high school. How embarrassing to spend all that money and then have someone with half the budget or less beat you on Saturday afternoon or, more problematical, beat you in the academic progress department, as Boise State has done to most of Division I for the past four years!
It’s time for the NCAA to take a stand for fiscal responsibility and the rightful place of intercollegiate athletics in American higher education and put a stop to the arms race by rejecting all reforms that turn an already premier and first-class experience for athletes who are also students into a system that simply models professional sports.
Three aspects of the NCAA reforms do make sense and should take precedence over all other issues. First, improved medical monitoring and changes in some rules on the field can avoid the serious aftereffects of concussion injuries. Second, student-athletes deserve the opportunity to come back after their playing days and finish their education at the university’s expense. Finally, there must be rules about how to protect a student from loss of an athletic scholarship because of a career-ending injury.
In the end, it’s about getting our priorities straight and focusing on the real student-athlete issues, not those fabricated by the elite few with ulterior motives.
The NCAA cannot fall prey to phony arguments about student welfare when the real goal of some of these so-called reformers is to create a plutocracy of athletic programs that serves no useful purpose in American higher education.
Bob Kustra serves as President of Boise State University.
The National Collegiate Athletic Association rarely admits to the need to revisit an infractions case, and particularly one that strikes at the core of academic integrity issues. So when the NCAA announced an unusual and embarrassing return to the University of North Carolina at Chapel Hill to reopen an academic fraud investigation that first came to light in 2011 and resulted in narrowly constructed sanctions in 2012 that affected the eligibility of a single athlete, it marked another confidence crisis in whether the NCAA can control the powerful forces of big-time college sports.
The reopening of the case also served as a measure of vindication for those on the UNC campus and in the media who bravely withstood public ridicule and even death threats.
It is undeniable that academic cheating scandals have spiked in the past decade. A 2011 review by Inside Higher Ed found a significant rise in serious academic violations during the past decade. Some critics attribute the spike in cheating to the weakened initial eligibility standards of the NCAA’s academic reform initiatives, while others point to the inherent incentives garnered from winning.
Recent media stories document a trend of selective universities admitting athletes with woefully unprepared reading skills. They are handed to academic support advisers who manage them in predetermined class schedules and place them in academic majors that neither educate them nor prepare them for a career. The university’s traditional deal with the athlete is a bona fide college education in exchange for athletic talent. Too often the promise of an education is unfulfilled. The spikes in these fraud cases are but a fraction of the daily fraud perpetrated against athletes, and the second-class education given to them.
Several highly publicized academic scandals in major athletic programs have gone largely unaddressed by the NCAA. The University of North Carolina fraud case exposes numerous serious allegations of fraud and cover-up by athletic staff, coaches, faculty and administration, with an emphasis on shooting the messengers. The scandal has been a painful and costly journey for this great public university characterized by a steady leeching of damning indictments from former athletes and a former staff whistleblower in national media.
The focus of the scandal is on a former professor at UNC facing a felony charge (now dropped in exchange for cooperation with UNC) of receiving a $12,000 payment for a class he didn’t teach. In the interim, several investigations conducted at the request of the university administration have consistently concluded that this was not an athletic scandal.
In May 2014, the university contracted with Kenneth Wainstein, at $990 per hour, to conduct an independent investigation of the scandal. Advantaged by the cooperation of the professor and his former administrative assistant, Wainstein appears to be sharing his findings with the NCAA. Wainstein’s investigation has prompted a reexamination of the claims from Mary Willingham and others of a widespread and long-term academic fraud scheme designed to keep unprepared athletes competing.
The shared findings may expose the method used to protect the eligibility of underprepared basketball and football athletes through classes that were designed to secure high grades, demanded little time or work in the form of an often-plagiarized paper, and denied them the opportunity for the education the NCAA proudly advertises as its primary mission.
Although UNC offers the most recent example of fraudulent eligibility schemes to maintain prized athletes, recent history has demonstrated similar instances at other major athletic programs and a disturbing trend. In 2006, a scandal at Auburn University revealed unusually large numbers of directed readings courses from a “jock doc” to football players to enhance their likelihood of remaining on the field in exchange for no attendance and little work. In what is commonly known as major clustering, one sociology professor called his department a dumping ground for athletes. The NCAA did nothing.
In 2008, the University of Michigan discovered a similar scheme perpetrated by an athletics-friendly professor there who provided at least 251 independent studies courses to varsity athletes from 2004-2007 on the subject of study skills. The NCAA failed to act.
These three similar instances of obvious breaches of academic integrity to secure athletes’ eligibility shared the same reluctance of the NCAA to investigate further. It should not be surprising that NCAA rule changes in minimum initial eligibility standards and punishment for those institutions failing to meet progress toward degree standards in 2003, enacted under the banner of “academic reform,” brought increased pressure on schools to protect their investments in athletic talent.
Instead of acting on these lapses of academic integrity and educational abuses of athletes, the NCAA Academic Cabinet and Management Council spent months in an effort to study the definition of academic misconduct and when schools are obligated to report instances of fraud. After months of deliberation, not much has changed. Its new interpretation, issued in April 2014, looks very similar to the NCAA definition of academic fraud issued in 2000.
Academic fraud is not a complicated concept. For NCAA fraud to occur there must be two ingredients: an athletics nexus with the participation of athletics personnel or other institutional staff, and a fraudulent advantage affecting the eligibility of the athlete. Members of the NCAA cabinet described a reticence to interfere with institutional academic misconduct policies
Perhaps the new NCAA official interpretation defining what constitutes NCAA academic fraud spurred the reopening of the case at UNC, but the constant public outrage and allegations from athletes on CNN, HBO's "Real Sports With Bryant Gumbel," Bloomberg News, The Huffington Post, The New York Times, the Raleigh News and Observer and others were more likely the catalyst.
Media have exposed athletes who are admitted to selective institutions with severe deficiencies in basic reading skills and systematically channeled through a series of fraudulent classes, friendly faculty and non-rigorous academic majors tailored to maintain eligibility. The fraud begins when admissions directors of selective institutions, at the directive of their their campus presidents, admit unprepared but NCAA-qualified athletes. The eligibility of these marginal athletes is cleverly managed with the assistance of some faculty.
The NCAA’s lax admission standards for student athletes incentivize schools to sacrifice integrity and the education of the athletes who will never “go pro.” Why do we continue to ignore the truth that each new recruiting class brings athletes who simply cannot do college-level academic work? It seems ludicrous to expect highly marginal athletes to maintain their coursework while they also work a full-time physical job with the risk of serious injury. The athletes deserve better.
To make good on the NCAA’s promise of a meaningful “world class education,” we should reconsider initial eligibility standards to ensure that athletes admitted to our institutions have obtained the necessary learning skills to be competitive in the classroom. Athletes admitted to our institutions should fall within one standard deviation of the academic profiles of their entering classes. This range of preparedness provides a reasonable skill level to compete with non-athlete classmates. At the very least, institutions must develop intensive, measurable literacy programs to support the educational needs of our underprepared athletes. The current academic culture appears to be a step removed from the instruction necessary for many of these students to be successful. Let’s be realistic about the priorities of students and work together with coaches to ensure that college readiness and academics are priorities.
It is critical that academic support programs are not physically or organizationally housed in athletics. All academic programming for athletes such as tutoring, supplemental instruction, and reading and writing support should be directed and monitored by educators hired by the university who work closely with the student body.
A higher education is a potential way out of poverty, but if we do not make certain that our gifted revenue sport athletes have mastered basic academic skills before they embark on serious college study, then we have not only failed these students, but we have exploited them too.
The NCAA has avoided its shared responsibility with member institutions to curb the widespread academic fraud and eligibility schemes so prevalent throughout our institutions engaging in big time sports. It is wishful thinking to believe the NCAA will reform itself in the radical means necessary to restore public confidence.
We believe that this is moment for faculty to express their outrage and join the battle. Tenured faculty members on the department, college and faculty senate levels must assume responsibility for the academic rigor and integrity of their institutions by insisting on transparency in grading trends. Rather than deliberate institutional castigation of whistleblowers for bringing allegations of serious fraud to light, faculty outraged about academic integrity at their institutions must act.
Gerald Gurney is an assistant professor of adult and higher ed at the University of Oklahoma and president of the Drake Group. Mary Willingham is a former learning specialist at the University of North Carolina at Chapel Hill.
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I admit it: I may have been wrong. As recently as a year ago, I wrote an essay in these pages explaining why the National Collegiate Athletic Association’s so-called amateur model would not break apart.
It has not occurred yet, but many signs point toward the end of the NCAA’s unpaid, never-allowed-to-be-paid college athlete.
Twenty-five years ago, I wrote College Sports Inc. and in the introduction disputed the NCAA’s “myth” that “College athletes are amateurs.... Reality: A school gives an athlete [particularly football and men’s basketball players] a full-ride grant in exchange for the athlete’s services in a commercial entertainment venture, namely playing on one of the school’s sports teams.”
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The main reaction to that argument by college sports fans, at least those who wrote or spoke to me, was “You’re crazy,” or, more politely, “You don’t understand the reality of the amateur student-athlete”; in addition, many members of the sports media, in interviews and book reviews, echoed those sentiments. Both groups also dismissed the book’s title and denied the commercialism of big-time college sports. (The editors of Inside Higher Ed, in their previous capacity, were among the few who took the book’s arguments seriously.)
In the years since then, as the commercialism of big-time college football and basketball multiplied geometrically, fewer and fewer people told me that I was “crazy” and that the NCAA’s “student-athlete” model worked well, especially in the major revenue sports. Many more people started to share my point of view and argue for better compensation for athletes than athletic scholarships.
When asked whether anything could change the system, I always replied that reform could not come from within -- the NCAA had billions of reasons, most of them in U.S. currency, to maintain the status quo. But change could come from outside, especially if an athlete brought a lawsuit challenging the NCAA’s “amateur model” and the courts found in the athlete’s favor.
Frankly, I was skeptical about that ever happening: the athlete would need to find a high-powered law firm that could fight and beat the NCAA’s legion of well-paid lawyers; in addition, if the athlete was still playing college sports, he or she would have to deal with a head coach and assistants who would probably be very hostile to the lawsuit and who also controlled the athlete’s playing time.
I did not foresee that a former college athlete, Ed O’Bannon, would begin the legal challenge to the NCAA by claiming that he deserved some money from the association’s use of his image in an EA Sports video game. But I totally agreed with his argument. Then an excellent law firm took his case and he was joined as plaintiff by some other former players, including Oscar Robertson. Nevertheless, I still believed that victory for the O’Bannon group was a long shot and I argued in my piece for Inside Higher Ed last year that if the NCAA lost, it would fight the case through higher courts and to the Supreme Court itself, and very well might, in the end, prevail.
The case has now progressed through the pre-trial stages, and recently O’Bannon’s lawyers narrowed the focus to concentrate on what the lead lawyer Michael Hausfeld described as “their priority ... to cause change to the system and structure of college sports” i.e., blow up the NCAA’s “amateur model."
In addition, O’Bannon’s lawyers intentionally avoided a jury trial and ensured that the presiding judge, Claudia Wilken, will hear the case. So far in her pre-trial rulings, she seems sympathetic to the arguments of the O’Bannon side but, of course, that is still far from a final verdict in their favor. (See news article about the trial's first day here.)
What happens if O’Bannon wins and the NCAA’s “amateur model” is ruled invalid? Will the NCAA, with almost infinitely deep pockets, take the fight through higher courts and eventually overturn the original verdict?
The consensus of many lawyers familiar with the case is that appeals succeed when the judge and/or trial lawyers screw up in a major way, e.g., seriously misinterpret the law or make some other egregious blunder. These same lawyers take the view that Judge Wilken so far has been very careful not to make errors, making a successful appeal unlikely.
If O’Bannon’s team prevails, the post-mortems will begin, as well as predictions and plans for a model of college sports to replace the amateur one. In last year’s essay, I predicted that if the courts rule against the NCAA, the association will get Congress to institute college athlete amateurism as law. I am much less certain about that outcome: the combination of legislative gridlock and, as recent Congressional hearings on college sports demonstrated, opposition to the NCAA makes a new law more like a NCAA “Hail Mary” pass than a two-yard plunge for a TD.
Thus, if O’Bannon wins, the future of the current college sports model could be seriously threatened.
I know one thing for certain: I hereby resign from the fortune-telling business.
Murray Sperber teaches in the Cultural Studies of Sport in Education program at the University of California at Berkeley.