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  1. 1. Governance issues in high school and college athletics<br />Danielle Tousignant <br />
  2. 2. introduction<br />In the late 1800s when high school and college athletics came about, they were student-directed. Shortly after concerns about injuries, commercialization, and professionalization governing bodies were set up to establish rules and regulations. <br />The NCAA was established in 1906 as the governing body of collegiate athletics, along with many other governing bodies that watch over college sports. <br />In 1923, the NFSH was formed to oversee high school athletics, though all but three states have their own governing bodies for high school athletics. <br />
  3. 3. High School Athletics<br />Authority to govern interscholastic athletics within a state is granted from the state legislation. This body will have the rules and regulations for all sports being played in the sport, though most states chose to follow that of the NFHS. <br />All member high schools are usually permitteed to determine their own rules and polices, as long as they abide by the states rules as well. These rules are usually on a level playing field for all schools involved in that state. <br />
  4. 4. High School regulations <br />The areas in which the state usually regulates is edibility to participate. (academic, transfers, age limits, athlete conduct, dress code…), racial taunting, home schooled students, recruiting and also drug testing for participants. <br />
  5. 5. State actors <br />The court has seen high school athletic associations as state actors for constitutional issues. This is because state officials usually serve as staff for the organizations<br />Because only state actors are constrained by the constituional protections of indivdiual fundamental freedoms, they must be careful not to infringe on athletes of other groups that are protected by the 1st, 4th or 14th amendments. <br />
  6. 6. Judicial deference to educational policy<br />A limit that the state has while regulating interscholastic athletics is their perspective of judiciary. <br />When there is a rule broken within the association, usually the there will be an investigation within the association. The court will usually not get involved within the academic spectrum unless the association has failed to follow its own policies.<br />
  7. 7. College Athletics (NCAA)<br />All intercollegiate athletic administartors have the working familiarity with the potential legal ramifications or governance decisions. <br />This allows no litigation and also for all the administrators to want to run a smooth and effective athletic department. <br />
  8. 8. NCAA<br />As seen in the courts, the NCAA is a private organization where membership is voluntary, not required. This is one way that college and high school athletics differ. <br />With college officials being the main rule-makers in the NCAA, the courts do not see them as state actors. <br />
  9. 9. State action <br />The court saw that the NCAA was a state actors based on purpose of the constitution until the Tarkanian case. <br />