Majoring in Infractions: The Evolution of the National Collegiate Athletic Association's Enforcement Structure

41 Pages Posted: 10 Jan 2015

See all articles by Timothy Davis

Timothy Davis

Wake Forest University - School of Law

Christopher Hairston

Wake Forest University

Date Written: 2014

Abstract

August 1, 2013 was the effective date of National Collegiate Athletic Association (“NCAA”) legislation that reforms the organization’s enforcement structure, which consists of the bylaws and regulations that govern the process for adjudicating violations of NCAA rules and the penalties imposed for such violations. The article begins with a discussion of the alleged deficiencies in the pre-August 2013 enforcement structure that prompted NCAA member institutional representatives and other constituencies to demand reform. Alleged shortcomings include the structure’s failure to deter potential rules violations and inconsistency in the imposition of penalties. The article then examines key features of the new structure including new penalty guidelines, enhanced accountability for head coaches, and rules changes that embody the notion of shared governance. It concludes that the reforms alone will not restore trust in the organization’s ability to fairly and effectively govern Division I athletics. Nevertheless, the changes hold promise for imposing more stringent and predictable penalties for NCAA rules violations, and incentivizing coaches and others to comply with NCAA rules.

Keywords: NCAA, infractions, penalties, enforcement, enforcement process, Committee on Infractions, Infractions Appeals Committee, rules violations

Suggested Citation

Davis, Timothy and Hairston, Christopher, Majoring in Infractions: The Evolution of the National Collegiate Athletic Association's Enforcement Structure (2014). Oregon Law Review, Vol. 92, No. 979, 2014, Wake Forest Univ. Legal Studies Paper No. 2546973, Available at SSRN: https://ssrn.com/abstract=2546973

Timothy Davis (Contact Author)

Wake Forest University - School of Law ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States

Christopher Hairston

Wake Forest University ( email )

2601 Wake Forest Road
Winston-Salem, NC 27109
United States

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