NCAA Sanctions: Assigning Blame Where it Belongs

IntroductionWithout a doubt, everyone loves a winning team. Success in a major athletic program, particularly a National Collegiate Athletic Association (NCAA) Division I national championship, translates into millions of dollars and immense pride for the players, coaches, alumni, students, and the university.1 A major intercollegiate athletics program can also have a positive impact on the academic mission of a university.2 Revenues from broadcast rights and merchandise sales, admissions applications, and fundraising for the entire university are enhanced. A winning program can also catapult the recruiting process and be a determinative factor in a sought-after high school student-athlete's choice of university.3Along with the tangible benefits and lure of winning is the intense pressure to win.4 The pressure in competitive sports starts at an early age for student-athletes. The love of the sport, as well as the prospects for a collegiate scholarship and a potentially lucrative professional sports career, motivate young athletes to devote years to intense training and competition. Many families spend thousands of dollars to provide instruction and competitive development opportunities to their children.5 Coaches are certainly invested as well, with their job security, status, and compensation packages largely dependent upon producing winning programs.6 For better or worse, scouts and agents are on watch to identify and attract star athletes as future professional sport clients.7 Likewise, the professional sport leagues are eager to sign young talent to their rosters (not necessarily waiting until the players are college graduates). 8 The opportunity to participate in a major collegiate athletic program provides not only an opportunity for higher education, but also a venue to showcase athletic prowess, and opens doors to professional play and seemingly attendant fame and fortune.The relatively few student-athletes talented, able, and fortunate enough to compete in major intercollegiate sports are highly recruited.9 The courtship includes promises of scholarships, extensive playing opportunities, and prospects for a professional athletic career.10 The lure of an opportunity to play for a university in an NCAA national championship tournament, or to compete in a Bowl Championship Series (BCS) game among select NCAA Division I football teams can prove pivotal in a recruit's decision.Founded in 1906, the NCAA was formed for the purpose of administering intercollegiate athletics. A fundamental purpose of the organization today is to ensure that the competitive athletics programs of member institutions are a vital part of the education process, that student- athletes are an "integral part of the student body," and that college sports retain their hallmark-amateurism.11 As an association of over 1200 member institutions, the NCAA has promulgated and enforced rules that govern nearly every aspect of competition, and the studentathlete's experience, with an aim to ensuring competitive fairness and protecting the interests of student-athletes.12 In the practical reality of the "arms race" in major collegiate sports, however, these principles are often violated.13 Some rule violations are minor and relatively inconsequential. Other violations are egregious, such as payments or a range of impermissible extra benefits provided to players or their families, academic fraud, and recruiting abuses by coaches or agents.14 Unfortunately, such cheating may yield huge profits and competitive advantages for the involved individuals, athletic program, and institutions.In this competitive environment, some coaches, players, agents, boosters, institutional members, and even parents succumb to the temptation to cheat.15 For example, a recent case drawing national attention involved the University of Southern California (USC).16 The case involved allegations of cheating in football and men's basketball by two of the most high-profile student-athletes ever to attend USC. …