College Athletics Whistle-Blower Protection

Abstract

The National Collegiate Athletic Association (NCAA) bases its intercollegiate athletics governance principles on the concept of institutional control. The NCAA utilizes Form 16–2 to enable member institutions to comply with its rules and maintain institutional control. NCAA rules require intercollegiate athletics employees to report any NCAA violations and verify compliance with this mandate by signing Form 16–2 on an annual basis. Therefore, Form 16–2 is used as a tool to help maintain institutional control. However, neither the NCAA rules nor current legal remedies adequately protect athletic department personnel or university employees from the negative repercussions of whistle-blowing, which include termination, death threats, and other severe penalties. Given the severity of whistle-blower repercussions, additional protections are needed. Therefore, the purpose of this paper is to review the history of college athletics whistle-blower legal disputes and make recommendations that improve college athletics whistle-blower protection.