Scholarship 101
By Greg A. Granger
It is no longer only a man’s world. This statement holds true in today’s college athletic environment.
In 1972 Congress passed the Educational Act of 1972 which included Title IX. In 1974 Congress rejected an effort to exclude athletic programs from the scope of the Educational Amendment Act of 1972. Recently the NCAA released data from its 2002-03 NCAA Gender Equity Report. The report reflects a slight gain for women participating in an intercollegiate athletics over the past year but large gains in some areas compared to the past decade. There were slight gains in female student athlete participation between the 2002-03 report and the data from the 2001-02 report.
The proportion of female student athletes participating in intercollegiate athletics was 44% in Division I and 40% in Division II. In comparing studies that dated back to 1991-92 the female student athlete participation rate increased from 31% to 44% in Division I and 32% to 40% in Division II.
As far as scholarship dollars, the increase on the women’s side was evident but still lagged behind the men’s portion. In Division I, men received 58% of scholarship dollars while women received 42%. Among the divisions that sponsor football, women received 35% or less of the dollars in the recruiting budget.
Against this backdrop of gains in athletic scholarships, it is important to understand several points about athletic scholarships in Division I and II schools.
1. There is no such animal as a 4-year scholarship. All athletic scholarships awarded by NCAA schools are limited to one (1) year and are renewable annually. An athletic scholarship can only be reduced or cancelled after notice to the student athlete and an opportunity for hearing. Not all student-athletes receive a full scholarship. A coach is allowed to spread out financial aid over a number of student-athletes.
2. Athletic scholarships can be renewed annually for a maximum of five (5) years within a 6-year period of continuous college attendance.
3. An athletic scholarship cannot exceed the cost of attending the institution. Typical athletic scholarship awards include the cost of tuition, room and board, textbooks and student fees. Certain outside governmental grants are excluded in calculating the value of a student’s financial aid package. Athletic awards based on academic achievement are permitted.
4. All awards must state in writing the amount, duration, conditions and terms.
5. The National Letter of Intent is administered by the Collegiate Commissioners Association (CCA) not by the NCAA. The National Letter of Intent is not the same as an athletic scholarship. The National Letter of Intent places restrictions upon the student’s ability to transfer among conference member schools and within the NCAA. An athletic scholarship is an agreement between the student athlete and the college in which the student athlete agrees to abide by the rules and regulations of the college awarding the aid as well as the college’s conference affiliation.
6. The wrong college decision can cost you valuable time and experience. Take the time to evaluate the school, the coach and whether the school offers the curriculum for the particular major you wish to pursue. The National Letter of Intent contains the following penalty provision:
I understand that if I do not attend the institution named within this document for one full academic year, and I enroll in another institution participating in the NLI program, I may not represent the latter institution in intercollegiate athletics competition until I have completed two full academic years of residence at the latter institution. Further, I understand I shall be charged with the loss of two seasons of intercollegiate athletics competition in all sports, except as otherwise provided in this NLI. This is in addition to any eligibility expended at any institution.
The following additional language is found in the National Letter of Intent:
I understand I have signed this NLI with the institution and not for a particular sport or individual. If the coach leaves the institution or the sports program, I remain bound by the provision of this NLI. I understand it is not uncommon for a coach to leave his or her coaching position.
The above language stresses the importance of making an informed and thorough decision on which institution to attend. If your feelings regarding the team, the coach or the institution change in your first year, you may have to sit on the sidelines for two years and in the process lose two years of athletic eligibility. Do not base your decision solely on the team and coach for the particular sport you wish to play. The coaches decision to leave the institution or the institution’s decision to terminate the coach’s contract does not relieve you of your obligations under the NLI.
7. An athletic scholarship is not a free ride. In the mid 1960’s a football player, Gregg Taylor, attended Wake Forest University on an athletic scholarship. At the end of his first semester his grade point average was 1.0 out of a possible 4.0. The university required freshman athletes to carry a 1.35 after their freshman year. Gregg Taylor informed his coach that he would not participate in the Spring practice in order to concentrate on improving his grades. His efforts were successful as he improved his grade point average to 1.9.
Despite this improvement Taylor decided not to participate in the football program. The university at the end of his sophomore year terminated his athletic scholarship. He subsequently graduated from Wake Forest and then sued the university to recover his expenses for his two final years of attendance. In Taylor v. Wake Forest University, 191 S.E.2d 379 (N.C. Ct. App. 1972), the North Carolina Court of Appeals relied upon the language of the scholarship which stated it was “awarded for academic and athletic achievement” to conclude: “Participation in and attendance at practice were required to maintain his physical eligibility. When he refused to do so in the absence of any injury or excuse other than to devote more time to studies, he was not complying with this contractual obligations.”
In its ruling, the North Carolina Court emphasized the contractual and somewhat business aspect of the athletic scholarship relationship between the institution and the student-athlete.
Your years at college are some of the most enjoyable, educational and rewarding years of your life. If you have the opportunity to play competitive college athletics and have been granted an athletic scholarship, your dedication and hard work will provide you with lasting friendship and memories.
For additional scholarship information consult www.ncaa.org and www.national-letter.org.
Greg A. Granger is a partner in the Evansville, Indiana law firm of Bowers Harrison, LLP. Greg is a Certified Contract Advisor with the National Basketball Players Association. He is also counsel to the Evansville Bluecats, a member of the United Indoor Football Association.
Greg has been in private practice in Indiana since 1983. He graduated from Indiana University Bloomington with a B.A. in Forensic Studies in 1978 and received his J.D. from Indiana University in 1983.
In addition to his sports law practice, Greg practices in the area of civil litigation before state, federal and appellate courts. He is a member of the Evansville and Indiana State Bar Associations as well as the Sports Lawyers Association.
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