Sunday, September 25, 2011

Athletes and law suits

I know that this may fall under college athletics, but I saw it more from a legal point of view which really made me say, this is unbelEIvable! As pointed out in the college athletic section, there is a huge movement throughout the nation for "student-athletes" to get paid or to not get paid. This topic can be argued over and over again. Originally I felt that student-athletes should not get paid extra money (away from their small spending stipend that they received each week) because those on scholarship are receiving an education, and at times, a world-class education. My viewpoint has changed over the last couple years because of the expansion of NCAA and the amount of money, almost a billion dollars in revenue each year, it is acquiring from such markets as ESPN and Turner Communications, not to mention merchandise sales. The part that makes all this so interesting is, with the amount of money the NCAA is pulling in, what exactly is a "student-athlete?"


states the lawsuits that have taken place over the past 60 years. The article states how the term "student-athlete" is designed to show how college sports are designed for the amateurs, so that way they can not take any outside income from sponsors or for any financial gain. Any amateur can not be compensated for their sport, only a professional can, and that includes sponsorships. As this article points out, the term was created in 1950 when a football player sued the NCAA over an injury that a football player received while playing in a game which resulted in death. The family wanted to receive workman's compensation death benefits since he was playing football for his college. The Colorado Supreme Court awarded in favor of the COLLEGE, not the family saying that the college was not in the "football business."

For the next 50 years, colleges have been winning court cases in regards to these types of injuries on the playing fields, not just football. There are a number of references in the article of these cases and the players losing them. If the colleges are using these athletes as a mean of financial gain, then can't the athletes then be technically be employed by the university? If they are employed by the university, then they should be awarded workman's compensation like every other employee the university hires as well. Arguably, the athlete works more hours than the student-employee does during the week. The work may be labeled differently, but the hours are long, and if you break the scholarship money down by hourly wage, it would amount to less than minimum wage.

My problem with this whole student athlete dilemma is that times have changed dramatically over the last 60 years, especially over the last 10 years. Even with the advancements in video gaming rates (EA Sports is worth millions) and the television right mentioned earlier, there needs to be some sort of effort to ensure the athlete is taken care of medically if something occurs. To say that the athlete is not employed by the university is absurd. That athlete is bringing in revenue to the university, so even though they are getting a scholarship, there should be some sort of modification in the bylaws concerning all this. Times have changed and so does the system of what exactly amateur status is.

2 comments:

  1. Amateur status definitely has changed. Today I can buy a videogame with the name of one of my residents in the game!

    What if student athletes were allowed to be affiliated with the university, but be full-time athletes during their 'season?' Or, what if colleges just sponsored minor-league teams?

    I don't think we are abusing our student athletes. We do ask a lot from them, what if we were able to support them during their athletic season, and then let them be students during the off-season?

    ReplyDelete
  2. Players do not work for the university. They are athletes. Actually to be precise they are student-athletes, which means that they are students first, and just happen to have chosen to be on a team. I have a few points to make on this topic.

    1. If football player x's family wanted money for his death on the field they should have been smart enough to hire a lawyer who knew what they were doing. I would automatically assume the best course of action would be to sue for negligence. Without even knowing the details of the case I can assume the family has a much higher chance of winning a negligence case than a worker compensation case for someone that is not an employee.

    2. If you buy an NCAA Football video game, or any other NCAA sport for that matter, names are not included. Yes, you can add the names yourself, but games are not sold with player likelihoods included.

    3. Simply because there is revenue being created does not make athletes employees. If we go by this model we would have to consider High School athletes employees as well. While the $5 admission charge and $1 hot dogs at the concession stand do not add up to much, revenue is revenue.

    ReplyDelete