LeBron James HBO Documentary ‘Student Athlete’ Exposes NCAA Racket

LeBron James HBO Documentary

On the night of one the most exciting preseason games of LeBron James’ career, he demonstrated yet again that he is “more than an athlete.”  On Tuesday night, LeBron James made his debut at Staples Center during the Lakers preseason home opener against the Denver Nuggets.  However, James’ “more than an athlete” demonstration did not take place on the court.  It took place on the airways in Americans homes’ as LeBron James HBO Documentary ‘Student-Athlete’ aired the same night on HBO.

The documentary is a searing indictment of the NCAA and the billion-dollar college athletics industry.  The documentary exposes the exploitative nature of the industry and the detrimental effect the system has on the lives of those the NCAA claims to protect.  It shows that the NCAA does not work to serve the best interest of “student-athletes.”  Hopefully, those who may have been “on the fence” in the “pay for play” debate will at least acknowledge that college athletics is in need of reform after seeing the documentary.

What is the NCAA?

The NCAA is the governing body for college athletics, and the colleges are member institutions of the NCAA.  The NCAA’s so-called purpose is to protect the well-being of college athletes and to ensure their lifelong success.  For years, the NCAA has failed to live up to this purpose.  The Student-Athlete Documentary drives this point home through the stories of those highlighted in the film.

The Exploitative Nature of the NCAA is Really Nothing New

For years, college athlete rights advocates have pointed out the hypocrisy of the NCAA’s model. The NCAA’s failure to deliver on the promise made to so many college athletes of looking out for their best interest.  The NCAA and its member institutions promise college athletes a meaningful education that will lead to a bright and prosperous future.  Unfortunately, for so many athletes this is not their reality.

The documentary highlights the story of Mike Shaw who suffered serious back injuries from basketball.  While he received a degree, he was unable to find a job.  He was forced to delay treatment for his injuries because he did not have insurance.  As a result, Shaw suffers from physical and mental health issues.  The NCAA essentially failed Mike Shaw as they failed to help him prepare for and transition to life after basketball.

If the NCAA wants to ensure lifelong success for its “student-athletes,” they must do a better job of helping former athletes transition to life after their sport.  The NCAA could accomplish this by allowing the athletes to receive the full value of their worth in college.  There are several ways the NCAA could achieve this.  One way is for the NCAA to adopt some variation of the Olympic model.  Doing this would allow college athletes to earn more of their worth.  It would place them in a better financial position to transition to life after sports.

Why is the NCAA so Powerful?

Although the NCAA does not acknowledge it, college football and basketball is a pseudo minor league for the NFL and NBA.  Many high school athletes seek to make it to D1 college athletics in hopes of making it professionally. This is what makes the NCAA so powerful.  College athletics is the track to the NFL and NBA. However, the athletes are not as free as they may seem to leave college and go professional.  The documentary made this point when it highlighted the story of Silas Nacita.

Nacita played football for Baylor University until he was declared ineligible.   Nacita, who was homeless, was declared ineligible when he accepted housing from his friend’s grandparents.  The grandparents had no interest in football and only wanted to help someone who was in need.  As a result of this, Nacita was not able to complete his last year of college eligibility. He was subsequently declared ineligible to for the NFL draft. To be eligible for the NFL, the player must have been out of high school for three years and must have used all of their college eligibility.

As was shown in the documentary, those rules did nothing to help Nacita.  They actually hurt him.  He was not able to compete in college and was not able to be seen by NFL scouts because of rules set by the NCAA and the universities.  Nacita was in a no-win situation all because the NCAA and their member institutions work to ensure college athletes receive no benefit for their athleticism other than a scholarship no matter how dire their need.

The Documentary Will Hopefully Foster Conversations that Will Lead to Reform

After watching LeBron James HBO Documentary, it is clear that college athletics still needs reform.  Little changes have been made, such as the allowance of cost-of-attendance scholarships, but that is not enough. The NCAA has made it clear that their primary focus is protecting “amateurism”  and their bottom line instead of “student-athlete” well being. Viewers should watch Student-Athlete with an open mind. They should try to see that the NCAA’s primary objective is not what it claims. After watching, viewers will hopefully acknowledge the need for college athletics reform.

Update: Alston v. NCAA: Amateurism on Trial for Violating Anti-Trust Law

Amateurism

The NCAA will stop at nothing to preserve its beloved “amateurism.”  This article is an update to the initial details of the Alston v. NCAA case detailed on the Unafraid Show. The NCAA demonstrated this last week with the parade of witnesses they called to defend their bedrock principle of “amateurism” in the Alston v. NCAA trial.  In Alston, former college athletes sued the NCAA to have the cap limiting athletic scholarships to cost-of-attendance removed.  The Plaintiffs argue that the cap is a violation of federal antitrust laws.  Each witness offered justifications in support of the NCAA’s assertion that the cap is necessary to protect “amateurism” and to help “student-athletes” become apart of the greater campus community.

There was a recurring theme amongst the NCAA’s witnesses.  Almost every witness argued that removing the cap would have a detrimental effect on college athletics.  However, many of the witnesses failed to offer any hard evidence of that assertion.  They relied on their opinions, which are not sufficient in this antitrust case.  The issue of whether removing the cap would have a detrimental effect on college athletics is the main issue in the case. Therefore, arguments for and against must be supported by expert testimony and/or quantitative data.

NCAA Witnesses in Support of “Amateurism”

The NCAA called several witnesses who offered complex testimony that addressed a variety of issues.  The following are highlights from a few of the testimonies.

Rebecca Blank’s Testimony

First, the NCAA called Rebecca Blank, the Chancellor at the University of Wisconsin, Madison (Wisconsin).  Her testimony was fascinating as it will likely do more harm than good to the NCAA.  While Blank testified that “student-athletes” should not be paid, she also criticized how much coaches are paid.   She stated that it was “unfortunate” that the cap on coaches salaries’ was removed and asserted that the high salaries make the programs look bad.  This assertion made Blank appear to not fully support the NCAA’s and Power 5 conferences’ model.

Relatedly, Blank testified that if “student-athletes” were paid, Wisconsin would reconsider its participation in college athletics. Wisconsin issued a statement the very next day that completely undermined Blank’s testimony. The statement made it clear that Wisconsin has no plans to stop offering college athletics.  Blank’s testimony and Wisconsin’s response makes the NCAA and the Power 5 conferences look disjointed. Furthermore, Blank failed to offer any quantitative evidence to support her assertion that loosening the cap would negatively affect college athletics.

Michael Aresco’s and Eugene Smith’s Testimonies

Similarly, American Athletic Commissioner Michael Aresco testified that the rules capping scholarships are necessary to help smaller conferences like his compete.  He argued that the cap ensures that the “big” schools cannot recruit all of the talents.  This argument is flawed.  Even with the cap, it is generally the same teams in the football bowl games, in the college football playoffs, and in the later rounds of the March Madness Tournament. While Aresco’s testimony is more helpful than Blank’s, he too failed to offer any quantitative evidence in support of his claim that loosening the cap would negatively affect college athletics.

Accordingly, the athletic director at Ohio State University Eugene Smith testified.  His testimony was generally helpful to the NCAA.  He pointed out that not all college athletes will play professionally and that they need to be prepared for that reality.  Smith acknowledged if college athletes were paid there would still be fans, although there may be less.   He also asserted that donors might be less inclined to donate.

What is Next in Alston

On Monday and Tuesday of this week, each party presented the rest of their witnesses.  The trial ended on September 25.  Each party will submit a written closing argument to the judge.  The judge will then take some time to review and then issue a ruling.  After the ruling is issued the parties will have the option to appeal to the federal appeals court in the 9th circuit.  This case could possibly reach the United States Supreme Court.  Alston v. NCAA is extremely significant to college athletics.  If the plaintiffs succeed, it could completely change the world of college athletics.

Alston v. NCAA: Amateurism on Trial for Violating Anti-Trust Law

Amateurism -Alston vs NCAA

College Athletes vs NCAA – Amateurism is on trial again!  On Tuesday, September 4, the trial for what has become known as Alston v. NCAA commenced in federal district court in Oakland, California. Judge Claudia Wilken is presiding.  She also presided over the O’Bannon case in which the NCAA lost. Per O’Bannon, the NCAA can not use the images of its former student-athletes for commercial purposes after graduation without compensation.  Alston could completely change the landscape of the billion dollar industry of college athletics, which is comprised of television and sponsorship deals.

The NCAA and the Football Bowl Subdivision (FBS) conferences are faced with defending their beloved principle of amateurism. The plaintiffs’ claim that the rules capping scholarships at grants-in-aid and cost-of-attendance violate federal antitrust laws.  The O’Bannon case already determined that the NCAA is subject to federal antitrust laws. So, the NCAA is required to defend against related claims.

College Athletes’ Argument 

The plaintiffs are at the cusp of destroying the charade of amateurism by seeking to remove the NCAA’s scholarship cap.  The cap prevents “student-athletes” from receiving scholarship money above the cost-of-attendance.  A cost-of-attendance scholarship provides student-athletes with an opportunity to get an education without paying. However, it is often not enough to cover many of the athletes’ general living expenses such as food and clothing.

NCAA’s Argument

The NCAA argues that the rules capping scholarships do not violate federal antitrust laws because they are essential to protecting amateurism. They state that the rules are necessary to help “student-athletes” fully integrate themselves into the campus community. They also argue that eliminating amateurism rules will damage college athletics.

The NCAA contends that if student-athletes are allowed more than a cost-of-attendance scholarship, they will cease to be “amateurs” and fans will lose interest. They also state that the scholarship cap helps student-athletes integrate into campus communities. However, the NCAA’s integration argument provides no evidence that the presence of a scholarship cap helps student-athletes.  “Integration” is more likely affected by the major time commitment that each sport requires coupled with the time mandated for actual coursework.  It is highly unlikely that a scholarship cap does anything to alleviate the time management burden each “student-athlete” is faced with in balancing their sport with academics.

Given the flaws in the NCAA’s arguments, it appears that the plaintiffs may have a viable shot at having the cap removed. The plaintiffs counter this argument by noting that the individual conferences will have the choice to adopt their own individual policies regarding compensation caps.  They also argue that college athletics will benefit from changes to amateurism.

The Outcome Could Change College Athletics 

The outcome of this case could completely change the future of college athletics.  If the plaintiffs are successful, the world of college recruiting would completely change. The college recruitment market would essentially be open for conferences and colleges to make their own decisions on how much scholarship money to award student-athletes.

This type of open market would provide the freedom for student-athletes to receive more of the value that they provide to the colleges they attend. Although many student-athletes receive a cost-of-attendance scholarship that provides them with the opportunity to get a “free” education, colleges make millions off the backs of student-athletes each year.  Most of the money is dispersed to coaches, staff, and is used to build lavish athletic facilities.  The current structure is simply not fair to the student-athletes, and as such, they have a lot to gain from the outcome of this case.  If the Plaintiffs are successful, “student-athletes” will be in a better position because they will receive more of the value that they bring to their respective schools.

NCAA Protecting Amateurism or Capitalism?

NCAA Protecting Amateurism or Capitalism

Is the NCAA protecting amateurism more important than protecting the physical or educational well-being of student-athletes?  It appears so, given the variance in the NCAA’s response to scandals involving its self-imposed duty to protect their “bedrock” principle of “amateurism” versus its duty to protect the physical or educational well-being of “student-athletes.” The NCAA quickly asserts its power to issue sanctions in cases involving “amateurism” (typically cases where athletes receive a so-called “impermissible benefit”), but somehow manages to avoid its obligation to act in cases where the conduct of coaches and other administrative personnel places “student-athletes” physical and educational well-being in jeopardy.

The NCAA proclaimed itself as the body responsible for upholding the principle of “amateurism”

They are supposed to ensure that “student-athletes” are not commercially or professionally exploited. This has come to mean making sure athletes are not able to profit from their athletic abilities outside of a cost of attendance scholarship.  The NCAA also proclaimed itself to be the body that works to ensure that “intercollegiate programs [are] conducted in a manner designed to protect and enhance the physical and educational well-being of student-athletes.”[i] When presented with a case regarding an “impermissible benefit” the NCAA quickly responds and usually issues sanctions.

For example, when thirteen University of North Carolina, Chapel Hill (UNC) football players sold their team-issued shoes, the NCAA responded quickly suspending the players for one to four games.  When Donald De La Haye, a former University of Central Florida (UCF) kicker, monetized his YouTube videos that featured him as a “student-athlete,” the NCAA swiftly swooped in to stop the monetization of his videos.  The NCAA rushed in to require three Oklahoma University “student-athletes” to donate $3.83 each to a charity of their choice for violating NCAA rules by eating too much pasta at a graduation banquet.  In these types of cases, the NCAA is swift in their response to make sure the athletes receive no benefit for their athletic prowess other than a scholarship under the guise of keeping the athletes safe from exploitation.

NCAA Slow to Tread

However, when it is time for the NCAA to act to protect the physical and educational well-being of “student-athletes” the NCAA treads slowly and usually finds a way to avoid its obligation to issue any sanctions at all in such cases.  For example, the NCAA refrained from issuing sanctions against Michigan State University (MSU) in the case of Larry Nassar, who was criminally convicted of sexual assault earlier this year.  The NCAA reasoned that although Nassar was criminally liable, there was nothing during the course of their investigation to suggest that an NCAA violation was committed.  Similarly, in the academic fraud case at UNC, the NCAA avoided issuing sanctions reasoning that they lacked the power to sanction UNC because no “impermissible benefit” was given to the athletes because the “sham” courses were open to everyone at the university.  In these types of cases, the NCAA is always eerily quiet and looking for a way to avoid truly getting involved.

The NCAA has yet to give a statement on whether Ohio State University will face any sanctions as a result of the scandal involving their revered football coach Urban Meyer who was recently suspended after being found to have knowledge of the domestic abuse allegations against his former assistant coach Zach Smith.  The NCAA has also been measured in its response to the death of Jordan McNair, a University of Maryland, College Park football player who suffered a heat stroke during practice and died two weeks later.  Given the NCAA’s response to similar cases involving “student-athletes” well-being, the NCAA will likely find a way to skirt its duty in these cases as well.

This leads one to question.

What message is the NCAA sending to their beloved “student-athletes” by essentially remaining silent in cases that involve athlete welfare, but always rushing to issue sanctions in cases involving “impermissible benefits?”  The NCAA is sending the message that “impermissible benefits” are of paramount concern to the NCAA, but issues involving athlete welfare not so much.  These actions leave “student-athletes” with only one possible view and that is that protecting “amateurism” is more important to the NCAA than protecting the physical or educational well-being of “student-athletes.”

UPDATE TO THE CASE: https://unafraidshow.com/update-alston-v-ncaa-amateurism-trial-violating-anti-trust-law/

[i]  2017-2018 NCAA Division I Manual, (2017), available at http://image.cdnllnwnl.xosnetwork.com/attachments1/files/11600/628372.pdf?DB_OEM_ID=11600.