#NCAA sports litigation NCAA athlete representation

[athletedefendermia]

Need For NCAA Sports Litigation

Gaining admission to a reputed school can ensure proper academic qualifications. Unfortunately, education is exorbitantly priced, with most students being unable to afford it. Sure, the brightest do get an opportunity to win scholarships, but that is a privilege that mediocre students cannot obtain. No worries! There is yet another avenue open for students who love sports. Signing a contract with the NCAA will help them get financial assistance and a chance to represent their school on the playing field.

Sure, this seems to be a Godsend for many student-athletes. There's many a slip between the cup and the lip. The concerned student-athlete may be unfairly treated with the cancelation of the scholarship or violation charges. It thus makes sense for the student-athletes to be well aware of the ground realities and get in touch with a seasoned attorney for NCAA athlete representation.

It is essential to understand that the school coach calls the shots and selects players to represent the school as needed. Sadly, many students find themselves without financial help when the academic year ends. It helps to know that the HCAA and the student are bound by a contract that persists for a year. The coach may cancel it after a year or reduce it if required. One cannot complain about unfair treatment after a year of getting the scholarship. The cancelation of the scholarship midway is a serious matter and needs to be taken up with the NCAA authorities and the school administration.

Although not a common occurrence, the coach may decide to revoke the scholarship in the following circumstances:-

· Ineligibility- The NCAA will concur with the coach when the student-athlete fails a dope test or does not get the required grades in school exams. International students facing Visa and residency issues may also have to let go of financial help.

· Fraudulent Activity- The student-athlete is asked to sign a letter of intent and financial aid agreement when applying for the scholarship. A student who fails to show up at opportune moments may lose their scholarship as such careless behavior after signing the documents is considered to be a breach of promise that equals fraudulent behavior.

· Misconduct- Any violation of the institution's regulation is deemed misconduct. This may result in the cancelation of the scholarship apart from arrest by law enforcement authorities. Instances of brawls, sexual allegations, alcohol consumption on premises, arson, and other indecent/illegal activities have resulted in the denial of financial aid.

· Quitting for Personal reasons- Staying away from the playing field for personal reasons will have the coach cancel the scholarship. The student-athlete cannot complain as the bargain has not been kept. However, the NCAA forbids the coach to give the scholarship to another student in the same year

· Injury- Sports injuries are not uncommon. However, being deprived of the scholarship for missing matches due to medical reasons is not the right way to proceed. There are instances of unfair treatment when a head injury develops into a concussion later on. Sure, coaches have been known to withhold the scholarship, but such cases have been debated at legal forums.

The representative can file an NCAA sports litigation to obtain justice when a settlement becomes impossible.

[junker-town]

The US Olympic Committee’s move to revoke USA Gymnastics, explained

U.S. gymnasts could have a new governing body.

The US Olympic Committee (USOC) moved on Monday to revoke recognition of USA Gymnastics (USAG) as the sport’s national governing body. The move comes in the wake of the Larry Nassar sexual abuse trial which sentenced the former team doctor to 175 years in prison for abusing over 100 women both under the guise of medical treatment while working with USAG and at Michigan State University.

Less than a year after calling for the resignation of USAG’s board of directors and laying out requirements for reform, the USOC is taking steps to remove USAG and replace it with a new organization to oversee gymnastics in the United States. The move could drastically change the path of prospective Olympic athletes and overhaul the sport from a grassroots level.

USOC CEO Sarah Hirshland explained the decision in an open letter to the gymnastics community.

“we believe the challenges facing the organization are simply more than it is capable of overcoming in its current form. We have worked closely with the new USAG board over recent months to support them, but despite diligent effort, the NGB [national governing body] continues to struggle. And that’s not fair to gymnasts around the country. Even weeks ago, I hoped there was a different way forward. But we now believe that is no longer possible.”

In a response, USAG says they are “evaluating the best path forward” following the USOC move, while defending itself — saying the current board is working towards fixing the problems of the past.

“USA Gymnastics’ board was seated in June 2018 and inherited an organization in crisis with significant challenges that were years in the making. In the four months since, the Board has done everything it could to move this organization towards a better future. We immediately took steps to change the leadership and are currently conducting a search to find a CEO who can rebuild the organization and, most importantly, regain the trust of the gymnastics community. Substantial work remains — in particular, working with the plaintiffs and USA Gymnastics’ insurers to resolve the ongoing litigation as quickly as possible. We will continue to prioritize our athletes’ health and safety and focus on acting in the best interests of the greater gymnastics community.”

The investigation into Larry Nassar’s crimes revealed systemic problems within USAG.

The investigation into Nassar’s abuse of athletes as lead USAG doctor pulled back the curtain on an organization that valued athletic success over everything else, even if that meant continuing to keep athletes at risk.

Numerous survivors testified that they notified USAG trainers and coaches, detailing abuse suffered at the hands of Nassar — but were either ignored, or convinced they were mistaken. Details are still coming to light over how much USAG knew, but this is what we know about their involvement so far.

In December of 2017 former Olympic athlete McKayla Maroney filed a lawsuit alleging that USAG paid her to sign a non-disclosure agreement in order to cover up Nassar’s crimes shortly after the Indy Star published its first investigative piece into abuse inside USAG.

Olympian Aly Raisman said that USAG was “100 percent responsible” for enabling Nassar’s abuse.

USAG director of sports medicine Debbie Van Horn was indicted in June of 2018 for failing to report abuse.

In October of 2018 former USA Gymnastics CEO Steve Penny was arrested for tampering with evidence. Prosecutors say that Penny ordered the removal of key documents relating to Nassar from training facilities after learning of the investigation.

What does revoking USAG’s status as governing body mean, exactly?

The United States has a privatized Olympic committee, rather than the federal government overseeing representative athletes. The USOC recognizes individual governing bodies which feed into the USOC for representation. Think of it like the NCAA’s relationship with conferences in collegiate sports.

When it comes to gymnastics, USAG handles training, competition and selection of athletes — who are then presented to the USOC so they can compete in international competition. If the recognition of USAG is revoked then a new governing body will need to be named, or created to continue sanctioned competition feeding into international representation.

Wait ... what do you mean if the recognition is revoked?

This move isn’t set in stone. There are a series of bylaws and procedures that need to be followed in order to remove USAG as a recognized governing body. The USOC is filing a complaint to start a Section 8 proceeding against USAG, which is outlined in the USOC’s bylaws. This section, dealing with organization membership, grants the right to the USOC CEO to terminate membership, pending a review by an independent board.

In order for USAG to be removed the following needs to happen now the complaint has been issued.

USOC CEO Sarah Hirshland will appoint an independent review board.

A hearing will be held on the complaint, and for USAG to defend itself.

The review board will issue a report and recommendation to the CEO.

The CEO will present the report to the USOC board, who will then vote on whether to revoke USAG’s status.

This will likely be a long and drawn out process, which is why USOC is offering USAG the opportunity to voluntarily step down. At this time, USAG has not indicated whether it will fight the complaint.

Has the USOC revoked recognition before?

Yes, but it doesn’t happen often. In the past, the decision has been made based on financial or function mismanagement. Team Handball was decertified in 2006 as a result of “a continued pattern of dysfunction.” USOC also absorbed USA Taekwondo in 2005 after the organization failed to meet its financial obligations.

What happens now?

The decision to start proceedings against USAG comes after the 2018 world championships were completed in Doha, Qatar. Thanks to standout performances from Simone Biles, Morgan Hurd and Riley McCusker, the US women’s team punched its ticket for the 2020 Tokyo Olympics by winning gold, with the men still needing to compete in 2019’s world championships to earn a spot following a fourth-place finish — though it’s expected they’ll qualify too.

How individual gymnasts will qualify for the teams and how those national competitions will operate during this review and revocation process is murky. Hirshland says that the USOC understands it will be difficult on athletes:

“You need to know what happens to gymnasts and your clubs if USA Gymnastics’ membership is revoked by the USOC. We are developing both a short- and longer-term plan and will communicate it as soon as we can.”

While it remains unclear how this will proceed if hearings drag into individual qualification, the USOC’s move to remove USAG is being well received by the some of the sport’s biggest voices:

To the gymnastics community pic.twitter.com/JQZKsWrVyl

— Alexandra Raisman (@Aly_Raisman) November 6, 2018

[pennsylvaniaprelawland-blog]

NCAA V. Alston And The Law

By Patrick Costello, Villanova University Class of 2023

June 17, 2021

On March 31st of 2021, the Supreme Court argued the case of NCAA v. Alston and is awaiting a decision with regards to the efficacy of paying college athletes. [1] This comes as the most recent among a handful of cases arguing in favor of changing the way universities allocate revenue.

In March of 2014, a class-action lawsuit known as O’Bannon v. NCAA was filed in the United States District Court for the Northern District of California. This case consisted of numerous college athletes claiming that the NCAA was using their names for profit.[2] This was presented in many different forms including Video Games and Jersey sales. The court found this as a violation of the Sherman Act and antitrust law as the NCAA was seen as a monopoly, preventing any sort of competition. Following this ruling, the NCAA began to allow college athletes to receive full athletic scholarships.[3] However, this decision was far from the end as a full scholarship is seen as inconsistent with the amount of revenue a college athlete generates. Since this decision, the NCAA has been considering a multitude of options with regards to compensating their athletes properly.

Between March 2014 and March 2019, several additional lawsuits were brought forth against the NCAA. This fight was led by former West Virginia running back Shawne Alston and former UC Berkeley basketball player Justine Hartman. This led to all of these cases being combined into what is now known as NCAA v. Alston. In March 2019, the Northern District Court of California once again ruled against the NCAA, affirming that the full scholarships guaranteed from O’Bannon v. NCAA were not enough and should include other, “non-cash related benefits” such as “computers, science equipment, musical instruments, and other tangible items not included in the cost of attendance calculation but nonetheless related to the pursuit of academic studies.”. Judge Claudia Ann Wilken rationalized her ruling by highlighting the drastic gap between the financial compensation the NCAA receives from the athletes’ performance and the financial compensation of the athletes themselves.[4]

The NCAA along with the American Athletic Conference appealed this decision and petitioned to the Supreme Court in October 2020, arguing that this ruling would allow athletes to take advantage of the NCAA by arguing which items are related to the pursuit of academic studies. In addition to this, the NCAA believed athletes and sponsors would be able to abuse internship opportunities by creating false salaries with the company of their sponsor. These internship salaries fall under the jurisdiction of the Judge Wilken ruling and would require the NCAA to financially fulfill the prices attached to these internships. The NCAA centered the rest of their argument around the distinction between amateur and professional athletes which greatly influences consumer choice.[5] All of these events have led up to the current status of the NCAA v. Alston case which is still pending a decision.

However, these cases are not the only hope for college athletes to receive financial compensation. A plethora of other lawsuits has been filed all over the US including Keller v. Electronic Arts. Five years before the start of O’Bannon v. NCAA, former Arizona State Quarterback Samuel Keller filed a lawsuit against popular video game company Electronic Arts. Keller argued that EA was marketing their video games using players’ names, numbers, and faces. Keller sued for $20 million which was seen as an appropriate compensation in relation to the revenue EA received. The Judge’s decision was made around the same time as the O’Bannon v. NCAA trial and resulted in the plaintiffs receiving the requested $20 million.[6] Since the outcome of this case, the NCAA and EA have not collaborated in the production of a college football video game.

As for the current status of financial compensation for college athletes, the upcoming ruling of NCAA v. Alston will be a defining moment as it is the first case of this issue to reach the Supreme Court. College athletes have been inspired all over the country to seek legal representation. These cases such as Keller v. Electronic Arts are only the first step in what is sure to be a long fight between the NCAA and its athletes regarding proper financial compensation.

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[1] "National Collegiate Athletic Association v. Alston." Oyez, http://www.oyez.org/cases/2020/20-512. Accessed 4 Jun. 2021.

[2] McCann, Michael (March 8, 2019). "Why the NCAA Lost Its Latest Landmark Case in the Battle Over What Schools Can Offer Athletes". Sports Illustrated. Accessed 3 Jun. 2021.   https://www.si.com/college/2019/03/09/ncaa-antitrust-lawsuit-claudia-wilken-alston-jenkins

[3] Anderson, Greta (May 19, 2020). https://www.insidehighered.com/quicktakes/2020/05/19/court-panel-rules-against-ncaa-restrictions-athlete-pay. Inside Higher Education. Accessed 3 Jun. 2021.

[4] In re Nat'l Collegiate Athletic Ass'n Athletic Grant-in-Aid Cap Antitrust Litig., https://www.leagle.com/decision/375190511fsupp3d105862 (N.D. Cal. 2019). Accessed 3 Jun. 2021.

[5] Leonard, Mike (December 16, 2020). https://www.bloomberg.com/news/articles/2020-12-16/ncaa-s-athletic-scholarship-caps-to-get-supreme-court-review. Bloomberg News. Accessed 4 Jun. 2021.

[6] Rogers, Dan Lee (August 8, 2013). https://dlr-law.com/writings--pubs/countdown-the-5-most-influential-video-game-lawsuits-of-2012-4-of-5-keller-v-electronic-arts. DLR Law. Accessed 4 Jun. 2021.

[athletedefendermia]

Reasons To Consider NCAA Sports Litigation

Gaining admission to a prestigious college or university takes work. Besides, the expense of quality education is enormous. Sure, meritorious students can earn enough scholarships to pay for a 4-year course. Unfortunately, the others may not be able to get the financing. Sports lovers and wannabe sportspersons may decide to try for a sports scholarship and become student-athletes in the process. Interestingly, this entails signing a contract with The National Collegiate Athletic Association (NCAA) and agreeing to multiple terms & conditions. Sadly, a majority of students are so elated to get admission to the college of their dreams that they overlook the conditions that may prove to be troublesome in the future.

Nobody wants to be embroiled in a legal battle, least of all with the NCAA. Any violation or failure to perform may result in a reduction of the sum or cessation of financial help altogether. The prospect of such an incident makes it imperative for student-athletes to look for NCAA athlete representation right from the time they are expected to sign the contract.

Another aspect to keep in mind is the prominence of the coach. It is the school authorities and the coach who calls the shots. Many student-athletes have been wronged because a coach did not want to include the student in the team. Such misconduct should not be taken lightly, however. Discussing this matter with all concerned, especially the NCAA authorities and the legal representative, is essential to obtain justice.

Some of the other scenarios that make the presence of a representative advantageous for the athlete are related to:

Transfers

The regulations laid down by the NCAA are complicated. It is essential for a student-athlete determined to transfer schools in between sessions to go through the rules. The eligibility may be jeopardized based on any or several of the following:-

· The present school (whether it is a 2-year school or a 4-year one)

· Remaining seasons

· Will the transfer be done to a Division I, II, or III school

· Conference rules to follow

Transferring schools will not affect one's eligibility to compete right away. It is essential to know the rules and act accordingly.

Code of Conduct Violations

The students must observe the code of conduct of the concerned school or college without any exceptions. Committing any of the following violations may result in loss of eligibility or loss of financial aid, or both depending on the seriousness of the offense.

· Being arrested by law enforcement authorities for public intoxication, possession of drugs, and/or DUI

· Posting negative comments about the school's athletic program on social media

· Violent acts such as assaulting another individual

· Failure to meet academic standards

The legal representative of the student-athlete is likely to discuss matters of violations and lack of eligibility. NCAA sports litigation is the last resort, especially when the conduct of the NCAA is damaging to the student.

[athletedefendermia]

Reasons To File NCAA Sports Litigation Suit

The USA loves its athletes, and the ordinary citizen proudly wears the team's colors and logo during a match. It is not surprising to note that sports-loving students often opt for a sports scholarship to further their education. Signing a contract with the NCAA labels them as student-athletes who must represent their schools on the playing field but cannot shirk academic tasks. It may seem like a tall order, but such athletes are pleased to get financial aid and achieve a qualification that enables them to qualify for decent jobs. Many young students fail to read the fine lines and lose their scholarships for some reason or the other. ​ It is essential for all students hoping to earn a sports scholarship and get admission to the college of their choice to seek NCAA athlete representation well in advance of signing the contract. The seasoned advocate is sure to explain the rules perfectly, thus preparing the student-athlete for the hard times that may come knocking. Some of the best reasons to get legal counsel when on a sports scholarship for representing the school are:- Scholarship Woes It is important to remember that the college will not offer the scholarship. Instead, the financial assistance is awarded by bodies such as the NCAA at the D1 and D2 levels and several other organizations. The D3 colleges do not get such aid, but scholarships may be offered to quality athletes by a third-party investor. Yes! The scholarship benefits hundreds of student-athletes. Sadly, the school administration often remains silent on issues that tend to put student-athletes at risk. For instance, The NCAA transfer rules can seriously affect a student's morale and future. The current college may refuse to permit to transfer in the middle of a season, thus making the student-athlete lose on both fronts. Many students also find their scholarship amount reduced or stopped altogether. This may be due to a lack of participation or failure to meet the standards. Doing so during an academic year is not endorsed by the NCAA. The coach needs to be questioned when the scholarship is revoked suddenly without previous intimation. Health Issues Student-athletes may suffer from allergies or other autoimmune diseases that keep them away from the sports field. The legal representative could provide proof of the health condition and help the student avoid harsh penalties. Injury on the field is common when playing physical sports. It is the coach's responsibility to ensure medical aid at the earliest so that the condition does not worsen later on. Another common complaint that many student-athletes have is the failure to act during a concussion. Sure, such a condition may not be apparent immediately, but punishing the student-athlete for something as serious as a concussion during a match may have the student's legal representative sue the school and NCAA. The legal representative of the student-athlete will try to have a dispute settled amicably. The professional will not hesitate to file NCAA sports litigation when the authorities fail to understand the student's point.

[athletedefendermia]

Need For NCAA Sports Litigation

​A student-athlete life is pretty much governed by the NCAA, which regulates the goings on. Moreover, the school coach has the final word and gets to make all the decisions. Many students are displeased about it and consider their coach to be vindictive. Simply accusing the coach and/or the NCAA of malicious intent will not improve matters. One must be prepared to take the next step. Appointing a skilled legal professional for NCAA athlete representation can help young students obtain justice. Nonrenewal of a scholarship or reducing the sum can lead to financial difficulties. Most students cannot seek full-time work elsewhere as they have to maintain good academic grades too. The seasoned representative is sure to provide good advice to the young clients, though. Blaming the coach is not going to be helpful when the concerned person operates within the law. The following reasons are considered to be essential to revoke the scholarship or reduce it substantially:- · The coach must have a good reason to cancel the financial aid or grant to the student. The coach should have a written document handy that corroborates the decision and is duly endorsed by the sports supervisor. · It is the coach's responsibility to discuss the reasons with the concerned student-athlete before going ahead with the cancellation/reduction of grant money. This is applicable even when the student has been dismissed from the team for misconduct or nonperformance · The student-athlete must sign the "Voluntary Termination-of-Aid Agreement" when withdrawing from the sporting activity amid a season. Transfer Apart from finding themselves without financial assistance, many students are concerned about not being allowed to change schools. The NCAA is pretty strict about this, but the legal representative of the student will be able to check the facts and take up the cause when the following NCAA rules have been met:- · The NCAA transfer portal may be accessed to correspond with the school/college coach and discuss an appropriate time for the transfer. · Redshirting is a term that is widely used among student-athletes and coaches. Sitting out of an eligible student is the norm after transferring schools. The NCAA can provide a waiver that permits the concerned coach to use the student-athlete immediately. · It is also essential to check the eligibility of playing for the new school. One may visit the NCAA Eligibility Center to understand the implications and do accordingly. Transferring from a D3 school to a D1 or D2 requires prior registration with the center. · The NCAA allows a student-athlete to transfer schools multiple times. Sadly, many such instances incur a penalty, especially when a student wants to transfer schools to a 4-year college multiple times. Injury The NCAA has a set of regulations related to sports injury as well. The symptoms of concussion usually come to light weeks or months after the student athlete's injury. The coach needs to follow NCAA's concussion protocol perfectly to comply with the standards. NCAA sports litigation is considered to be the last resort by the student-athlete representative when trying to help the young client.

[athletedefendermia]

Need For NCAA Athlete Representation

Education does not come cheap. Indeed, numerous young students need help to get admission to their chosen colleges and high schools due to financial challenges. Sure, there are many scholarships available for the deserving, but a young student of mediocre merit cannot hope to earn such a scholarship. No worries! Students who shine on the playing field can hop to enter the hallowed universities and colleges as student-athletes too. ​ It is best to check out the facts before applying for financial aid as a student-athlete. It is important to remember that “The National Collegiate Athletic Association (NCAA)” regulates such students. One has to sign a contract with the regulatory body and accept the terms before gaining entry into the coveted school and representing it in sports. Admittedly, the contract is made legally viable. A student must be prepared to face the pitfalls and complexities by opting for NCAA athlete representation as and when needed. It is immature for a student-athlete to feel financially secure once the NCAA accepts the application and recruits the said student. Instead, numerous issues may result in the revokal of the scholarship and nonparticipation. Some of the problems that one must share with the legal representative include instances of the following that can jeopardize one’s education and career in the long run:- · Accepting monetary aid for participation in a sports competition · Accepting funds for training · Promotion of commercial products · Hiring a sports agent to improve one’s performance · Continuing to participate in sporting activities without fulfilling the academic criteria Drugs Apart from the above issues, it is essential to know that the NCAA does not take doping instances kindly. It has an extensive set of regulations for student-athletes who are forbidden to user experiment with banned drugs and/or pharmaceutical substances in the same class. The school authorities and the NCAA representatives take on the responsibility of drug testing for student-athletes before they are allowed to participate in sporting events. Students tend to lose their eligibility when funds violate the rules. A legal representative may stand for an innocent student, but student-athletes should avoid consuming offensive drugs. Code of Conduct The student is expected to follow the code of conduct of the concerned schools. Any severe violation is likely to result in loss o scholarship and may render the student-athlete to represent the school in the future. Any instances of arrests, hazing, bullying of other students, and lack of satisfactory academic results can jeopardize financial aid. Sure, the student can appeal and may be represented by a legal professional. The concerned professional representing the student may try to resolve the issues by negotiation, advocacy, and advising the client accordingly. NCAA sports litigation may be considered the last resort when the regulatory organization takes a unilateral stand deemed erroneous by both the lawyer and the student-athlete.

[athletedefendermia]

Need For NCAA Athlete Representation

Gaining admission to a college of choice can be extremely challenging when the concerned student does not have the academic grades to fulfill the criterion. Scholarship seems to be far away for mediocre students too. Paying their way through 4-year-old college may become impossible for many students. There is a way out here for students who show their prowess on the field. A majority of the top educational institutions offer scholarships to the best sportsperson who are pleased to obtain the necessary financial support.

“The National Collegiate Athletic Association (NCAA)” functions as the legislative & administrative body for such student-athletes. It is important to note that the student-athlete has to sign a contract with the NCAA before receiving the required scholarship from the college authorities. One has to follow the regulations perfectly, as violations are not taken lightly. Student-athletes may request NCAA athlete representation from a legal professional should they encounter difficulties obtaining the scholarship or face physical/mental misdoings from the coach or team members.

It is also a good idea to have a lawyer go through the contract carefully before the student signs on the dotted line accepting financial assistance in exchange for representing the school on the playing field. Unfortunately, few do it as they are eager to embark on a new path.

Some of the aspects that require careful consideration by the student-athlete are as follows:-

· Amateurism- A College student who enrolls with a Division I or Davison II school will be treated like an amateur who plays for the school without accepting any monetary compensation in exchange. Hiring a professional sports agent and accepting prize money is a strict no-no too. Many student-athletes who excel on the field may be asked to promote products commercially. However, such an act is forbidden and amounts to a violation of NCAA regulations.

· Drugs- The student-athletes are banned from using drugs of any kind while representing their schools. The school authorities and NCAA representatives undertake the testing process for each student-athlete. Students who are found violating this rule may lose eligibility for a year, whereas a student-athlete fund violating it repeatedly will be banned from playing for the school.

· Violating the Code of Conduct- The student-athlete is a student and must follow the codes of conduct as laid down by the concerned school/college. Any severe violations may cause the school to revoke the scholarship and loss its place in the school team for good. The rules do seem a bit harsh, but the student-athlete can appeal to NCAA authorities and request them to withdraw the penalties. Having a seasoned NCAA lawyer representing the student during the appeal can help.

· Transfers- Many student-athletes express a desire to transfer to other schools during a season. They have to follow the rules of the NCAA to achieve this objective. The NCAA rules regarding transfers are quite complex, and a student must be careful about not committing any violations while asking for a transfer.

There are instances of young students opting for NCAA sports litigation when appeals fail. Students who have been wronged by the NCAA may sue the coach or the administrative body to obtain justice.

[athletedefendermia]

Need For NCAA Athlete Representation

Student-athletes are pleased to represent their schools/colleges and obtain financial assistance to continue their education. Such a provision is commendable no doubt. Unfortunately, the entire process is administered by the NCAA, with the student having to abide by the associated rules and regulations without exception. ​ The concerned student and the parent/guardian need to understand the procedure and its implications. It is worth learning that the NCAA and the institution are not offering such an advantage to the student out of goodness or moral obligation. Instead, the terms & conditions are elaborated in a contract document that needs to be signed by the student-athlete who will hence firth be considered for playing matches at home and away. Sports experts and educationists advise student-athletes to consult an NCAA concussion lawyer in the event of a head injury too. Sure, participating in a competitive match that involves physical content is prone to risks. Injury on the playing field is common, with the coach being responsible for providing medical assistance as needed. The media professional treating the injured student is likely to take a call and advice the coach about using the same student in the second half of the match or subsequent matches that are held immediately afterward. One is inclined to ask about concussions. What is it, and why is it so important? The student-athletes will be well advised to be aware of this specific type of injury that can ruin one’s career completely when timely measures are not taken. It is interesting to note that medical professionals dismiss the term and mention it as traumatic brain injury instead. Surprisingly, the concerned student may not feel any pain or after-effects. The symptoms manifest after days, weeks, or months. This delay shifts the blame, often allowing NCAA and the school authorities to get away with a lackadaisical attitude. Well, the NCAA is aware of the significance and effects on the student, however. An initiative was launched eight years earlier, in 2014. It aimed at improving the safety of student-athletes as well as service providers. A huge amount went into research studies that would enable the NCAA and the US government to provide the best possible concussion care to student-athletes. Timely reporting of such incidents was encouraged too. Unfortunately, cases of a concussion continue to occur, with many students failing to obtain proper treatment and timely care. Connecting with a lawyer is essential, therefore. Suffering in silence is not going to help, either. Instead, the attorney will take on the responsibility and protect the client’s interests at all times. A lawyer specializing in sports law and well aware of NCAA regulations and the litigations against the organization will be able to fight for the right of the hapless student. Experts often recommend getting NCAA athlete representation for student-athletes who are yet to understand how the real world works. From instances of misbehavior and violation of rights to wrongful termination of financial assistance and refusal to grant transfer, the list of offenses against the students is long. The attorney would protect the student's rights and obtain justice and monetary remittance as required.

[athletedefendermia]

Need For NCAA Athlete Representation

Becoming a student-athlete is a matter of pride and joy. The young students try their best to shine academically and on the field. It is a challenging proposition, however. Representing the school in sports may be prestigious, but one has to pay the price dearly when subjected to injuries on the playing field. The coach usually calls the shots, and an erroneous judgment can result in the student being grievously injured. Sadly, not everyone takes a stand in such circumstances. This makes it essential to think of hiring an NCAA concussion lawyer who is experienced in dealing with such matters. ​ Ignorance often lies at the center of such follies. It is astounding to learn that according to a 2007 research study, most school coaches believed that the athlete had suffered brain injury only when the said student lost consciousness. Even more dangerous is that 25% of the coaches were willing to have the concerned student-athlete return to play within minutes of suffering a head injury. Sure, the NCAA regularly conducts meetings and training sessions to educate the coaches about the risks of sports injuries leading to a concussion. Unfortunately, few coaches take heed as instances of such injuries continue to prevail. Almost all on-field coaches officiating in any collegiate sport such as football, basketball, hockey, soccer, or volleyball are advised to follow the under-mentioned standards when a student-athlete gets hit on the head and collapses on the field:- · Remove the athlete from the field immediately · Provide first aid ASAP · Transfer the student to the nearest ER and request a check-up · Inform the school administration as well as the parents/guardian of the student and apprise them about the facts · Keep the student away from the field until a medical professional declares the patient to be free of concussion symptoms and advises returning to everyday life Even after following the regulations, some coaches are put in jeopardy when the student-athlete begins to experience any or multiple of the following symptoms weeks or months after the incident on the field:- · Fatigue · Sleep disorder · Imperfect balance · Faulty motor coordination · Brain fog · Headaches · Memory loss · Blurred vision · Hypersensitivity · Mood swings It is not unnatural to find the scholarship revoked by the school. Complaining to the authorities stating the reason for non-performance may be considered, however. One must have some proofs to back it up, though. The best way to move forward in such circumstances would be to consider getting an NCAA athlete representation without incurring a high cost. The attorney would be sure to look after the student athlete's interest. Fighting for one's rights against a significant power like the NCAA is justified when the organization is liable for injury and concussion-related complications. The student mustn't be swayed by the words of the coach or school management and withdraw the complaint. The attorney representing the student diagnosed with a concussion may also consider litigation against NCAA to obtain compensation for pain & suffering and claim medical expense reimbursement.

[athletedefendermia]

Reasons For NCAA Sports Litigation

Getting into a top-notch college is a challenge that a student of ordinary merit cannot even begin to consider. Winning a scholarship is extremely tough as not all students are scholars of the first rank either. No worries! Most schools provide another type of scholarship for aspirants, namely sports-related financial aid that requires the student to compete on the field and in the classroom. Sure, it is a little difficult, but the student-athlete can manage to do it in most cases. Striving hard at work and games is advised to such individuals as slipping in others could result in revoking of scholarship after the end of the present season. The coach wields authority here and may violate the NCAA norms as well. The concerned student needs to get in touch with a competent lawyer and resolve the issue once and for all.

Severe misconduct by the coach, fellow student-athletes, or the NCAA can be taken to court, where the legal representative for the student-athlete files NCAA sports litigation. Settling personal grievances without any basis can be troublesome for the concerned student. Moreover, the lawyer may not want to be associated with a case that is as good as being lost. On the other hand, many schools, sports teachers, head coaches, and athletics personnel try to manage the risks as best as possible.

Some of the common legal grievances that have been filed against school authorities and the NCAA by student-athletes include the following:-

Concussion Management- Head injury is common in field sports, especially in a game that involves close physical contact. Severe injuries on the field may result in concussions on those surfaces months or years later, leaving the student-athlete helpless and hospitalized. There is a concussion act applicable to all 50 states now. The following steps must be taken by the authorities failing which the student or the parents are free to consider legal action against the administrators or coach.

· The student-athlete suspected of head injury& concussion must be removed from the field immediately

· The athlete should not be asked to play on the same day

· The student can participate in the sport after being cleared by a licensed healthcare professional.

Social Media Posts- Many schools have been found sanctioning student-athletes for posting inappropriate content on social media against the school. There have been innumerable court cases related to such instances. However, the ruling has not been totally in favor of the school or the students. It has been sharply divided, with a few judges endorsing the student-athletes by stating that it is a matter of free speech. The others have upheld the school sanctions stating that such posts lead to disruption and commotion on campus

Suspension of Student-Athlete - Student-athletes have been suspended for violating the code of conduct within the team or athletic department. Lawsuits filed by the students claim that the authorities have violated the constitution & civil rights of the student.

It is not advisable to go into litigation immediately. NCAA athlete representation is essential to understand the regulations of the contract.

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Should One Consider NCAA Sports Litigation?

Becoming a student-athlete is a dream for many young individuals who hope to continue their studies after high school. Sure, there are community colleges available in each state and district. However, being a community college graduate is not the same as receiving academic instruction from a prestigious institution. Sadly, the cost of education is too high to consider for an average student! Obtaining a scholarship is impossible unless the student is brilliant and academically inclined. There is a way out, however. Being selected as a student-athlete helps the student get financial assistance and a chance to represent the school on the playing field. “The National Collegiate Athletic Association” NCAA regulates student-athletes by looking after their wellbeing. ​ Discrepancies are often noted, resulting in discrimination against the hapless student. Having an NCAA athlete representation at the earliest can serve the students well. Sure, the NCAA is directly responsible for providing multiple facilities, but one should remember that the student has to sign a contract agreeing to follow the rules and regulations of the NCAA before being recognized as a student-athlete. It is important to remember the role of the head coach, who seems to have supreme powers when it comes to recruiting student-athletes and continuing with the privileges for the specific student. Primary among those student complaints is revoking or failing to renew the scholarship at the end of the sports year. While this seems like an injustice, it is essential to go through the NCAA bylaws and understand the circumstances that may lead to the sudden cessation of the scholarship. The concerned student should get the notice by July 1 of the academic year and be prepared. Many students complain that they have never received such a notice. The legal representative may take up the matter with the authorities and prepare an appeal to reconsider the decision. Student-athletes had been permitted to transfer schools once during their time in college. Such a rule led to complications with students demanding a reversal of such rules. The NCAA has decided to allow student-athletes to transfer more than once a year, thus reducing the burden. While this is a welcome move, instances point to the fact that there have been many violations by the coaches. Again, a legal professional representing the student may intervene and discuss the matter with the NCAA authorities. Playing regularly on the field is bound to cause sports injury once in a while. The NCAA is strict about the medical treatment being provided immediately, but the coach may fail to understand the seriousness of specific injuries such as concussion that becomes apparent much later. The sports lawyer is qualified to look out for the student-athlete when a sports injury results in the loss of an academic year due to disability or wrongful death. While discussions between the lawyer and NCAA and the school authorities are likely to be constructive, errors on the part of the NCAA or the school may be settled by NCAA sports litigation.

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Reasons For NCAA Sports Litigation

Many young students are delighted to win an athletic scholarship that provides them with an opportunity to enter the realm of academics to pursue their education. Financial assistance is welcome, but the chance to represent one's institution in the field gives a greater high. Unfortunately, the joy may be short-lived, especially when the school coach or an administrative body such as the NCAA takes punitive measures against the hapless student. ​ It is important to remember that being a student-athlete requires one to enter into a contract agreeing to play for the said school and obtain financial assistance. Neglecting one's education would not do either, for the law necessitates the student to get the necessary grades and represent the institution on the field simultaneously. Contacting an experienced lawyer and seeking NCAA athlete representation may enable the student-athlete to be well covered and capable of answering NCAA when accused of violations. One must be aware of the levels of violations and the action that the NCAA takes. The concerned student may not be too anxious about having the scholarship discontinued or curtailed when the legal representative is nearby to provide support. It is interesting to note that four different structures are followed at present to determine the seriousness of the violation. The levels encompass violations of the NCAA code, from incidental infractions to the most severe breach of the general law and NCAA regulations. One may go through the range of violations to know what NCAA authorities consider a no-no. Some of the violations that should be noted carefully and avoided at all costs include: Level IV: Incidental issues Infractions that occur without active participation are usually minor offenses! They are generally one-off or isolated technical violations and have no bearing on the student-athlete's performance. Such incidents do not affect the record of the student, with the NCAA not being compelled to revoke the scholarship. At most, the student would be let off with a warning. Level III- Breach of Conduct Violations that are restricted in nature and involve recruitment advantages result in a competitive edge over other student-athletes! Thus, the benefits obtained may be severely restricted and considered harming to others administered by NCAA bylaws. Multiple Level IV violations may collectively be termed as a breach of conduct or Level III violation. Level II: Significant breach of conduct · Violations more severe than level III but not serious enough to be Level I · Coaches who fail to monitor the student-athletes · systemic violations · Recruiting, financial aid, and violation of eligibility rules Level I: Severe breach of conduct · No Institutional control · Academic fraud · Refusing to cooperate with NCAA investigations · Unethical and dishonest conduct The legal representative may advise filing a legal suit against NCAA, thus providing all necessary support to pursue NCAA sports litigation.

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Instances of Well-Known NCAA Sports Litigation

Students aspiring to pursue their academic degrees by earning a place in the top colleges and universities of the nation are often disappointed due to a lack of suitable grades. Sure, winning a scholarship opens doors, but not all students are brilliant enough to do it. No worries! Many of them who love field sports or play any other type of sport individually find it simpler to gain admission at the college of their choice by earning a sports scholarship. The only responsibility here would be to represent their college on the playing field while ensuring that their grades meet the standards of excellence. ​ Such individuals, known as student-athletes, have to sign a long contract with the NCAA that overlooks the administration. While the coach remains the decider, one needs to abide by the NCAA regulations. Violation may result in loss of scholarship and failure to accept transfers. Suffering from concussions without proper medical attention provided by the concerned college may grievously affect the student-athlete. Such instances have resulted in angry parents of the injured student opting for NCAA sports litigation. Yes! It can be enormously expensive for NCAA is definite to be represented by the best lawyers in the state. Several renowned legal professionals are willing to side with the hapless student-athlete. Apart from a concussion, NCAA has often faced multiple types of legal suits filed against it. Some of the most notable litigations that have been heard in a court of law include: The Supreme Court had to intervene for the NCAA when the suspension of the head coach for recruitment violations was appealed by the coach who sued the NCAA in 1977. NCAA was again challenged to provide additional protection to Universities in 1993. NCAA won the case again by citing a corollary to the existent regulations. The 2008 lawsuit involved the NCAA directly and was filed by a student-athlete. The total amount of the athletic scholarship was deemed to be less than needed by the student-athletes. The students won the early rounds forcing NCAA to come to a settlement. NCAA promised to allocate more funds to the school authorities for buying health insurance. The past student-athletes were also granted cash or additional money for advanced education. Multiple cases remain pending in court. It helps to go through the multi-paged NCAA contract carefully before putting the signature. It must be remembered that student athletics scholarship is purely given on contractual terms, and any violation may result in revokement or reduction of the money. This is likely to place the concerned student in financial problems, often forcing the student to discontinue education. It makes sense to look for suitable NCAA athlete representation right from Day 1. A majority of student-athletes are happy to have the regulations explained to them. This enables them to stay prepared for all eventualities. The legal professionals advise going for mediation instead of filing an expensive lawsuit that may continue for years to conclude.

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Need For NCAA Athlete Representation

A legal professional need to have specific skills to address the problems of individuals from all walks of life. Contacting the right advocate when getting an NCAA athlete representation is always essential. Sure, enrolling in the institute of choice is a tremendous achievement. Still, it is doubly so for sports enthusiasts who aspire to ply for their schools/colleges while competing with peers in academics too. ​ The scholarship amount that such athletes get helps to pay for their education! Unfortunately, being successful just once is not enough. The quality on and off the field must be maintained to continue earning financial assistance. The criteria for eligibility are written plainly and included in the regulations that are displayed on the NCAA website. Sadly, most students are so pleased to get an admission opportunity; they fail to read carefully through the list of terms & conditions. This is certainly not advisable, for ignorance can lead one down a tricky path that eventually harms the young student's future. The best way to retain the eligibility and continue getting the required scholarship would be to have a seasoned lawyer represent the student when the NCAA asks the student to be present at a hearing for violation of its rules. Litigation may not be the answer always as the legal expenses are usually unaffordable for a student who needs financial aid to complete the academic courses. Having a competent lawyer represent the student helps one be aware of the rights and provide the correct explanation while making a strong case in favor of getting the scholarship. Moreover, asking an advocate to go through the terms & conditions of the NCAA before agreeing with the authority enables one to remain informed about the dos and don'ts. It is of paramount importance to be aware of how the NCAA functions. While the institutions regulated by the body have their own rules of eligibility, recruitment, and financial aid, the said college must be included in Division I, II, or III. Both the student and the parents must be aware that the school offers a contract to the student and provides a specific monetary aid to represent the school on the playing field. It is not unheard of a student-athlete not being granted the same opportunity for the next year or has the amount reduced. The decision usually rests with the school authorities, the coach in particular. Losing the scholarship can be devastating for a young student, however. Sure, the purpose behind such an action is the lack of enough funds, but the concerned coach and school usually state underperformance as the reason behind revoking the scholarship. Physical injury is a part of life, with most sportspersons getting hurt on the playing field. While some coaches provide first aid and have the student hospitalized, the institution has o legal obligation to provide healthcare to its students as per the contract. Being used or abused and mistreated makes it necessary for the student to consider NCAA sports litigation with the help of an experienced sports lawyer.

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Reason For Considering NCAA Sports Litigation

Student-athletes often find it tough to abide by all the laws of the NCAA. Unfortunately, they lose a chance to complete their education and achieve recognition as one of the star athletes that represent the school. Sadly, it is the coach who calls the shots at one’s chosen school and college. Many students have been mistreated by the school authorities that deprived them of their rights many a time.

While it is essential to follow the NCAA rules perfectly, there can be no excuse to take unfair conduct and physical abuse lying down. A student needs to go through the list of terms & conditions carefully before accepting the NCAA contract right at the beginning of the school year. The legal jargon is likely to sound obscure, with most of the young students having no clue about the inherent meaning. This makes it all the more critical for the student to have proper NCAA athlete representation to guarantee justice.

Engaging the services of a wannabe lawyer or student with no experience would be foolhardy. It is necessary to hire one with the right skills and experience in handling similar cases. Some of the reasons that bring the conflict of a student and the NCAA authorities face to face in the courtroom often include:-

· Scholarship Woes- Entering a contract with the NCAA gives the student a financial right to take academic classes at the institution. The student has a right to seek legal assistance when the scholarship is discontinued suddenly or reduced without any reason. An attorney representing the student will go through the contract diligently, taking note of the salient points to understand the cause. Any illegality is definite to come to the notice of the seasoned lawyer, who will then argue for the client with instances of the scholarship amount being restored more often than not.

· Transfer- Student-athletes may desire a change at times and ask to be transferred to another institution. The NCAA does not approve of such actions always, however. The administration and school management have the right to stop financial aid or ask the concerned student to sit out if the regulations are not followed properly. The lawyer representing the student can keep the client informed about the dos and don’ts when one wants to transfer in the middle of a season.

· Concussion- It is the onus of the NCAA and the coach and sports staff of an institution to ensure the safety of the student-athletes that represent their school on the playing field. True, many physical sports have the players injured during play, but urgent medical intervention and treatment should be provided by the authorities. It is mandatory to contact a legal professional to address the underlying issues such as inadequate medical attention, prolonged suffering, and exacerbation of a head injury.

NCAA has been held responsible for several wrongdoings in the past. The huge number of NCAA sports litigation records makes it essential to contact a sports lawyer for all students hoping to become student-athletes.