Abstract
The first thing college athletes sign when they commit to a university is sign a contract. In this contract, the athletes sign over their privacy rights under the Family Educational Rights and Privacy Act (FERPA). FERPA serves to protect the privacy of an individual’s educational records as well as any personal information help by the university or institution they are attending. The academic standings of athletes are too often given out to the public. The names of the athletes are being used by large corporations without their consent for the company’s own personal growth. The medical records of the athlete are protected under FERPA instead of HIPPA, which allows for more individuals access to. Also, academic advisors are obligated
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FERPA’s legal definition is extremely broad and only addresses educational records and personally identifiable information (Parry, 2002, p. 177). This broad definition should be explained more thoroughly to protect the student-athletes. The Fourth Amendment protects the athlete’s privacy regarding drug testing. The athlete must sign a contract in most cases that gives permission for the school to test the athlete for drugs at any time in order to participate in their sport. The Fourth Amendment also protects athletes from being violated in an unwarranted search (McChrystal, 2001, p. 398). FERPA specifically protects the privacy of athletes from personal facts being shared with the public (Graham et al., 2008, p. 302). This information includes academic standing including grades and any probation. Facts may also include any conversation with an academic advisor. Additional information protected under FERPA is medical records within the institution. Any information that is held by the institution or university may not be shared with anyone who has not been consented by the athlete. The athlete must be over the age of 18, a legal adult, to have their privacy kept from their parents. However, if the athlete is under the age of 21 and performs in illegal activity such as alcohol or drug consumption, the parents may be contacted. The most commonly known …show more content…
In order for other medical facilities to request medical records of athletes from the university, the athlete must sign a release waiver (Kiel, 2010, p. 161). This can be easily over looked and cause complications when a medical emergency arises. Since the athlete’s medical records at the University is protected by FERPA, coaches, faculty, and athletic trainers may view these records. This may cause a higher chance of the athlete’s medical records to be shared with unauthorized personnel. A coach could access the athlete’s medical record or history and share it with the media or another coach. A particular case that was denied of a violation of privacy because it could not be proven was when a principle shared with a coach about a player’s health concern. This was deemed acceptable except that the conversation was overheard by other players (McChrystal, 2001, p. 405). There was not enough proof in court to file charges, but this is a prime example of what could happen with medical records protected under FERPA. If the athlete’s medical records were protected under HIPAA, the athlete would be able to choose who had access to their records. The physician would still be able to determine if the athlete’s health was a concern to participate in a sport or not. If the athlete needed their medical information for a class or internship they would have to retrieve the records from the health facility
In the world of college athletics there are endless topics discussed daily and most pertain to money. An issue that falls under this category includes the heated debate involving whether or not student athletes should receive money. Many people say student athletes should receive compensation according to their specific needs because they spend so much time earning their scholarship and have no time to work. On the other hand, the stronger argument is student athletes should not be able to acquire additional funds in order to help aid them through college. An athlete knows what he or she is involving themselves in before any money issue is even brought up. Signing a letter of intent shows that
When confidential patient information is disclosed without consent it is a violation of the HIPAA Title II Security Rule. This rule was enacted in response to private information being leaked to the news and emails containing privileged information were read by unauthorized people. Identity theft is a real concern so patient privacy should be taken seriously. This is a rule can easily be broken without the
There are rules and regulation for everything. The DMV requires certain forms of identification for your driver’s license and the IRS requires you to file your income tax in a certain way to avoid penalty. It is no different when we are talking about the National Collegiate Athletic Association (NCAA). NCAA has strict regulation on its players and its member schools that must abide by. Although NCAA regulates pretty much everything through its 427-page manual, some rules were difficult if not impossible to enforce. In the case of Oliver v. National Collegiate Athletic Association, the conflict emerges as Andy Oliver questioned NCAA’s power to regulate in the face of court.
Every year, thousands of student athletes across the world sign the NCAA’s 08-3A Form, also called the “Student-Athlete” form, which waives their right to receive money for the use of their name and image. Like many of us in this class, these college athletes devote their time to their academics while spending additional hours with training and practices throughout the day and receive no stipend in return. This 08-3A form defines college athletes as amateurs, who cannot receive payment for playing their desired sport. While their schools and coaches may make millions of dollars in salaries and endorsement deals and are the highest-paid public employees in many states due to their performances in their desired sport, these “amateurs” can never
It is the NCAA’s policy that no student athlete shall receive any special benefits or compensation in regard to their status as an athlete of a university. This basically means that no player can accept gifts or services with any special benefits from school or athletic personnel, or receive any benefits for outside entrepreneurship for reasons regarding their play. For example, a student athlete cannot sign a jersey with their number on it and exchange it for any type of compensation. However, over the past few years, many scandalous conspiracies of soliciting services to athletes for their commitment and play have surfaced. Due to the NCAA’s stance on this issue many of these violations have left athletics programs with sanctions that in reality are very unnecessary and hardly ever punish those who initially violated the rules. The fact is that the college athletics generates on average 10.5 billion dollars of revenue annually, and the NCAA organization alone, about 720 million annually. Of that 720 million that the NCAA accounts for, only 60 percent of that is returned to the Division I universities whose athletics accounted for almost all of it. The rest is dispersed into other funds such as championship games and the national office services, with a small amount being paid to division II and III schools. However, of that 60 percent paid back to the Division I schools, which amounts to approximately 430 million dollars, the majority is spent by the University on
The ugly truth behind the money machine that is college sports is that, every year, college athletes are deceived by the institutions the compete for into making them millions of dollars, with relatively little in return. Athletes are said to be given a chance to attend college and to attain a free college degree. However, research has shown that this is not completely true for two reasons. For one, the student athlete will spend most of their time in preparation for competition. Secondly, what education the student athlete does receive hardly serves them outside of maintaining eligibility just so
“College Athletes for Hire, The Evolution and Legacy of the NCAA’s Amateur Myth” written by Allen L. Sack and Ellen J. Staurowsky. In their book, the authors enlighten the reader on such issues as athletic scholarships, professionalism in college sports, and favoritism for athletes as well as many more important legal, and ethical issues that we as a country need to address. In this paper I will not do a standard book report by simply regurgitating the information I read in their book.
Some believe that college athletes at the highest performing schools are better treated than others. Although they do not get paid, they do receive some benefits for being athletes that other students would not get. One advantage for playing a sport is access to scholarships that some schools reserve for their athletes. Depending on the school and the athlete’s performance, money towards tuition is often given. Only some schools are willing to grant “full-ride” scholarships for certain athletes. According to its rules, “the NCAA prohibits payments, beyond educational scholarships and specified expenses, to the athletes who are responsible for producing those revenues” (Goldman, Lee). This rule is a way to limit an athlete 's ability to
Prior to HIPAA becoming a legislation, patient’s medical records was disclosed without their permission to lenders and outside providers from their treatment team. Privacy Rules were not in place to protect patient’s sensitive medical records without providing written or verbal permission. In addition, prior to HIPAA being created patients could potentially be denied employment, housing, or treatment due to reviewing medical records that was unrelated to claim or application for housing, employment, etc.
By now, four years had passed since the issue had first started. In the end, the court had ruled six to three in favor of the district. The court answered the question of whether or not the student athletes’ Fourth Amendment rights were violated with a strong no. The court claimed that student athletes already subject themselves to more exposure than most other students, and that these drug tests had just as much of a reasonable cause behind them as a vaccine requirement or scoliosis check done in-school. Moreover, the court also stated that the results would only be shared with limited personal, which made the tests arguably more private than what athletes were exposing in their open locker rooms. In their opinion, stated by Antonin Scalia, “We find that the privacy...by the process of obtaining the urine samples (is) negligible, since samples are collected under conditions nearly identical to those routinely encountered in public restrooms. Furthermore, the test looks only for standard drugs not private medical conditions and the results of the test are released only to a limited group of school officials who have a need to know the information. The nature and the immediacy of the government's interest and the efficacy of this means for meeting it, also contribute to our conclusion that the policy is reasonable. The importance of deterring drug use by public school children
"College Athletes for Hire, The Evolution and Legacy of the NCAA's Amateur Myth" written by Allen L. Sack and Ellen J. Staurowsky. In their book, the authors enlighten the reader on such issues as athletic scholarships, professionalism in college sports, and favoritism for athletes as well as many more important legal, and ethical issues that we as a country need to address. In this paper I will not do a standard book report by simply regurgitating the information I read in their
(Solomon 1) In the NCAA there are many laws that prevent the athletes from doing certain things. These laws are called the “Laws of Amateurism”. In general, amateurism requirements do not allow salary for participating in athletics, or prize money above actual or necessary expenses (NCAA Center). However Judge Claudia Wilken partially granted class action status in a lawsuit concerning the use of college athletes' names and likenesses. U.S. District Judge Claudia Wilken ruled the plaintiffs, including former and current Division I men's basketball players and Football Bowl Subdivision players, will be allowed to challenge the NCAA's current restrictions on what athletes might receive in exchange for playing sports. The ruling sets up the prospect of a fundamental change in scholarship rules and the concept of amateurism (Berkowitz 3). This would help athletes to be able to fight for the compensated pay.
The NCAA needs to protect the overall well being of the athletes because they are the bread and butter of the school and NCAA’s income. The NCAA needs to start paying the athletes, allow the athletes to receive money from an outside source, provide a stable living environment for athletes who qualify, provide the proper nutrients the athletes need in order to excel on the field, and the NCAA needs to ban colleges from pulling the athletes scholarship after an injury. The athletes can’t get decent jobs due to their overload schedule, and the food proportion the athletes receive isn’t nearly enough for their bodies to be healthy and run properly. Many student athletes don’t come from the best backgrounds, which means financial support from the families aren’t always there. Student-Athletes attend big colleges to get an education while playing a sport they enjoy. Regular college students have the opportunity to get a job that pays decent because they have much more time on their hands, and sometimes that isn’t enough. Now imagine how hard it is for athletes who have to
The legal section of the paper will discuss the NCAA bylaws that prohibit college athletes from receiving benefits above and beyond what is indicated as part of the scholarship agreement. It also entails of the consequences if such bylaws are violated. In addition, the definition and purpose of the National Letter of Intent (NLI) will be discussed. Since the selling of rights is what brings in the most revenue
All tutors/EAs must maintain confidentiality in their work with student-athletes. . During your sessions you may learn things about a student that are personal and/or private, and it is important that you handle this information with care. Please ONLY discuss a student-athlete’s academic progress/concerns (i.e. grades, GPA’s, learning disabilities, etc.) with the student- athlete or ASC Staff. DO NOT discuss student-athletes’ academic progress/concerns with: other students or student-athletes, other tutors/EAs , academic faculty or peers, acquaintances, and your friends and family. ANY information you learn about a student-athlete on the job is confidential during and after your period of