The NCAA Rules Adoption, Interpretation, Enforcement, and Infractions Processes: The Laws That Regulate Them and the Nature of Court Review

Authors

Josephine (Jo) R. Potuto

First Page

257

Abstract

This article takes a comprehensive look at how the NCAA is organized, describes the NCAA committee structure, and explains how the NCAA in its multitude of roles does its work. The article focuses particularly on the NCAA by law interpretation process and the policies, procedures, and scope of authority of the enforcement, infractions, and student-athlete reinstatement processes. In its description of the division of responsibility among enforcement, infractions and student-athlete reinstatement, the article emphasizes the independence of each. The article then assesses the functions and structure of the NCAA in light of the preogatives of a private, multi-state association and the legal framework that informs its operation --primarily agency law, administrative law, constitutional law, and contract law. The article concludes that the NCAA governance structure is about as well conceived to achieve the goals of its members as is possible in an imperfect world.

Recommended Citation

Josephine (Jo) R. Potuto, The NCAA Rules Adoption, Interpretation, Enforcement, and Infractions Processes: The Laws That Regulate Them and the Nature of Court Review, 12 Vanderbilt Journal of Entertainment and Technology Law 257 (2020)
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol12/iss2/2