Intercollegiate Athletics in the Community College: Legal Issues to Consider

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Sports and education. For some, these words are related and others struggle to see the relationship between the two. Intercollegiate athletics is a dominate feature of many televisions and social media platforms across the United States. While many people are aware that many 4-year colleges and universities have intercollegiate athletic programs, less are aware of intercollegiate athletics in the community college.

Across the United States, community colleges have developed and provided the intercollegiate athletic experiences for many students. In fact, according to the National Junior College Athletic Association (n.d.), there are over 525 colleges in 24 regions in the association. While many community colleges may not have the resources for intercollegiate athletics, it is important for those colleges that have programs or are considering programs to realize that there are a lot of legal and ethical ideas to consider.

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As we all know, there are many legal issues relating to federal laws, compliance issues, discrimination, student-athlete privacy issues, injury and concussion issues, labor laws, and many other issues that are seemingly well known. While there are many legal issues facing community colleges with athletic programs, I would like to focus on some of the issues that are not as frequently cited. Some of these includes mission and vision support of the community college, recruiting in the community college, and legal issue with money and supporting athletics. There are many others,  but these are some takes that were not discussed as much in the literature. But, it is essential that administrators are are fully aware of all the possible issues that can arise. Everyone in the community college must become aware of policies and issues and strive to adhere to them throughout the development and support of these athletic programs.

Does the Development of Intercollegiate Athletics Programs meet the Mission and Vision of the Community College

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According to the National Junior College Athletic Association (n.d), the association strives to provide support and opportunities for athletic participation consistent with colleges mission, visions, and learning outcomes. The first thing a college needs to address is whether the development of athletic programs will fit the mission and vision of the college. While many community college's missions are vague, it is important that leaders and administrators ensure athletic programs will fall within its mission and if there is a need.

This can become a legal issue down the line if the college fails to understand the economic demand some athletic programs can place on colleges. It is essential that college administration and governing boards understand the cost of various programs. If money is taken away from academics or if academic standing is negatively affected, yet athletic programs are being developed, the college can face hardships and even legal issues from their local communities and even state governing boards.

Recruiting

Community colleges are traditionally colleges located in areas that serve their local communities. These could be rural communities or large urban colleges. Traditionally, these academic institutions are established to serve their local community. In fact, many community colleges cannot even advertise their programs outside of their own county due to interfering with other community colleges in their area. How would community colleges recruit? This could be difficult. In general, students in community colleges are members of the same community. Very few students attend a community college out of state or even out of county. While it is assumed that recruiting would be local, there could be legal issues that arise if competing colleges begin recruiting out of area students. According to Williams, Byrd, and Pennington (2008), community college athletics tend to mimic university athletics. This means that recruiting or funding can become problematic and lead to legal issues between programs and between colleges.

Federal Laws in Academics and Athletics

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In addition to some of the issues we have discussed above, there are many federal laws that colleges need to address within the athletic framework. College and academic administrator need to be versed in each federal law and how it can relate to athletics and academics. Many colleges need an experienced legal team to help them understand federal law and regulations within various governing bodies. In general, administrators have little understanding of these policies and within athletics they can changes from year-to-year. Community colleges may not have the funds to hire such teams or even train their current administration in the intricacies of sports law. 

Does it Support Academics?

In addition, community colleges need to ensure the development of their programs will promote academic success and promote access to the community college. According to Horton (2009), understanding the value of athletic programs in the community college is important. Many larger schools have programs that are defined as revenue-generating athletic programs. These programs directly support the academic side as well as the athletic side of many colleges and universities. Administrators in the community college will need to ensure that their programs are supporting academics. Many athletic programs in the community college are not considered revenue-generating programs. It is important that the community college establish valid reasons to create these programs.

Conclusion

While I am not an expert in athletics in the community college or even in sports law, I thought it would be interesting to take a look at some of the issues that colleges may face in developing or maintaining athletic programs in the community college.  The development and maintenance of athletic programs require a lot of support and legal understanding. It is essential a college is fully aware of the responsibilities these program carry and to ensure that the college is able to full-fill these requirements for their athletes and all students on campus.

Resources:

Horton, D. (2009). Class and cleats: Community college student athletes and academic success. New Directions for Community Colleges, 2009(147), 15-27.

NJCAA. (n.d.). Mission. Retrieved March 18, 2018, from http://www.njcaa.org/about/mission/Mission_statement

Williams, M. R., Byrd, L., & Pennington, K. (2008). Intercollegiate athletics at the community college. Community College Journal of Research and Practice, 32(4-6), 453-461.

On-Campus Housing and the 2-Year College

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On-campus housing at community colleges may be a new idea to some, but many people do not realize that, according to American Association of Community Colleges (2016), that 28% of community colleges have on-campus housing options.

While the number of students in community college housing is only a small fraction of the overall population, many community colleges are finding ways to provide living communities in community colleges. Having on-campus housing can be a benefit to many students who made need it, but it does have its limitations. 

Positives for On-Campus Housing in Community Colleges

There are several important benefits for providing housing in community colleges. These positives have been shown to help students not only find affordable housing but also build relationships within their community and the community college they are a part of. 

Low-Cost Housing

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Low-cost housing for students can be an important factor in providing students access to a college education. Whether the student is in a rural community college or in a community college located in a major city, low-cost housing is a big issue for many students. According to Bekurs (2007), low-cost housing for students can open the door to student success by removing the burden of high housing costs. Anytime we can reduce living costs and expenses for students, the better chances the student has to succeed. 

Student Support and Access

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In addition to the need for low-cost housing, more students can be supported on a continual basis if they live on campus. According to Belfield and Bailey (2011), community colleges can provide more support to individual students through their residential support staff. This can help strengthen student study skills and build better communication skills between students. According to Moeck, Hardy, and Leech (2007), community colleges offer housing as a way to improve student development instead of reasons relating to finances for low cost education. It is also important to note that on campus housing can provide better access and connection to resources through college provided services. This helps with access in addition to helping students with cost.

The Downside of On-Campus Housing in the Community College

There are a couple of downsides to offering housing in the community college. Most of it is related to issues affecting the community college and its funding. Colleges have a hard time funding the high cost associated with developing dorms and programs for live in students. 

Cost

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While it can help students with low-cost housing, it can create problems for the community college and its funding. With budgets already slashed at many community colleges, it is virtually impossible to find funding for dorms, programs, and residential staff. According to Bekurs (2007), is it too costly for most colleges to establish these living spaces. In fact, Bekurs (2007), states that colleges may result in outsourcing their housing just like they outsource their bookstores and dining facilities. This does not lower costs for students and only works to minimize costs for the college. In the end, the cost increases for students and can defeat reason housing was needed in the first place. 

Programs

In addition, the cost for hiring residential staff can be too much for many colleges. The development of campus programs and support is challenging enough, but will only get more complicated as live-in programs and residential staff will cost more, in addition to living on campus. 

Conclusion 

In the end, low-cost, on-campus housing can be beneficial to students, it can be too cost restrictive to the community college. Each community college must decide on how the benefits will work for them, while limiting the burden of cost without sacrificing low-cost living and effective programs for students. Perhaps some solutions can be worked through if federal funding for students increase or if more grants provide funding for on-campus housing in our nations community colleges. 

Just a few things to think about. 

References:

American Association of Community Colleges (2016). On-Campus Housing. Data Points, 4(23).

Bekurs, G. (2007). Outsourcing student housing in American community colleges: Problems and prospects. Community college journal of Research and practice, 31(8), 621-636.

Belfield, C. R., & Bailey, T. (2011). The benefits of attending community college: A review of the evidence. Community College Review, 39(1), 46-68.

Moeck, P. G., Hardy, D. E., Katsinas, S. G., & Mark Leech, J. (2007). On-campus housing at rural community colleges. Community College Journal of Research and Practice, 31(4), 327-337.