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Mind the Gap: National Collegiate Athletic Association Division I Handling of International Prospects and Student-Athletes - The Professionalization Threshold
Regulatory Framework Analysis - Conveyance of Amateurism Policy

International Sports Law Journal, Vols. 1-2, pp. 37-51, 2005

15 Pages Posted: 1 Nov 2009  

Anastasios Kaburakis

Saint Louis University - John Cook School of Business

Date Written: April 30, 2005

Abstract

An in-depth research project on International prospects and studentathletes for Division I National Collegiate Athletic Association member institutions has to cover a few elements that are necessary in developing a complete understanding of the problems faced by the prospects, as well as the challenges faced by the Association as a whole, and the member institutions independently. Such elements include the current regulatory framework applied by the NCAA on cases of international prospects and student-athletes (IPSAs-ISAs), which revolves around the amateurism bylaw of the NCAA DI Manual (Bylaw 12). Amateurism is the one single element that has created and still triggers most problems in ISAs cases and DI member institutions’ recruiting attempts. Therefore, the ensuing analysis will shed light on the theory and the application portion of the amateurism bylaw in its present form.

Furthermore, there are important procedural elements that need to be posed and will follow the aforementioned analysis. These elementsdeal with the NCAA staff ’s internal mechanism, the Agents, Gambling, and Amateurism (AGA) staff and the review process by the Student-Athlete Reinstatement (SAR) Committee and staff, as it stands now the two main entities that are the crucial decision making bodies in the governance and evaluation of ISAs cases that come under scrutiny. Finally, the suggestions by the NCAA to member institutions will be juxtaposed with the valuable lessons this line of research has drawn from international governing bodies, international sports federations, club administrators and a plethora of cases involving international prospects and student-athletes. The differences in structure of these sport administrative entities and the legal implications they may cause will be applied and analyzed in the scope of international prospective student-athletes, who wish to overcome these challenges and pursue higher education combined with sport in the U.S.

Keywords: NCAA, Amateurism, International Student Athletes, Professionalization threshold, Sport policy, Compliance, Eligibility, Reinstatement

JEL Classification: K00, K10, K19, K20, K29, K30, K39, K40, K41, K49

Suggested Citation

Kaburakis, Anastasios, Mind the Gap: National Collegiate Athletic Association Division I Handling of International Prospects and Student-Athletes - The Professionalization Threshold Regulatory Framework Analysis - Conveyance of Amateurism Policy (April 30, 2005). International Sports Law Journal, Vols. 1-2, pp. 37-51, 2005. Available at SSRN: https://ssrn.com/abstract=1496672

Anastasios Kaburakis (Contact Author)

Saint Louis University - John Cook School of Business ( email )

3674 Lindell Blvd 407
St. Louis, MO 63108-3397
United States

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