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.