Under the Due Process Clause public
universities college athletes should be paid. The NCAA are in violation of
Life, Liberty, and Property interest.

The
NCAA are in violation of life interest. The NCAA forbids student athletes to
work. Student athletes do a combined 45+ hours a week between school and sports.
Most athletes ideal 24-hour day is a figment that breaks down into sections
like this: five or six hours of sleep or less (especially preparing for exams);
10 or 12 hours spent studying, attending classes, sports practices, and playing
games in the six hours for recreation (Carpentier, 2004).  The athletes who fail usually tries to cram it
all into 24 hours, which is caused by being tired and unprepared mentally or
physically. The rigorous demands to make the grade academically and athletically
force several student-athletes to live chaotic lives filled with stress from
inadequate amount of sleep, unfitting nutrition and, perhaps worst of all, a
lack of time to enjoy life. Humans need balance in life to flourish and lack thereof
causes tremendous destitutions and disposition of life. By law, every citizen
who applies for a government job is entitled to it unless the government can
establish some reason for denying the employment. This is a liberty right to
work- which is the very essence of the personal freedom and opportunity secured
by the 14th Amendment. (Substantive Due Process, 592). The athlete’s
opportunity to work has been prohibited by the university to maximize total potential
of the athlete.  Sports are looked upon
as a choice, but is made a priority and necessity to attend the university. Student
athletes cannot focus on school due to amount of time spent in sports. Since
the student athletes are required to spend 97% of their time in class or
participating in football activities they are left with little to none time for
a personal life. Along with limited amount of time for a personal life, they
must make tough decisions to either sleep or study.

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Student
athletes cannot receive money from any type of advertisements. For instance, YouTube
is a form of occupation where you collect revenue through ads and sponsorships,
but the NCAA bylaws restricts them the opportunity.   The NCAA bylaws are rules and regulations
student athletes must abide as part of their contract to attend the university.
There have been several cases where student athletes have broken the rules in
the bylaws to survive. For example, there has been scandal after scandal that
has rocked college sports because players need some sort of income to support
themselves. In 2010, the NCAA sanctioned the University of Southern California
after determining that star running back Reggie Bush and his family had
received “improper benefits” while he played for the Trojans (Branch,
84). The athletes become desperate due to the lack of financial stability or
opportunity to be secure. Reggie Bush later expressed that We athletes do
every little thing for them the university and NCAA. We furnish the theater,
the actors, the lights, the music, and the audience for a drama measured neatly
in time slots. We players bring the camera and turn it on. This analogy
between players and the NCAA not only proves the violation but also proves the
idea players should be payed while in college.  To avoid these scandals and difficult times players
go through they should be treated similarly to employees to help them graduate
from college. It was this alteration, officially removing the interest from the
recognition and protection previously afforded by the state that violated the
interest. Denying the athlete’s basic right to work or receive revenue is what
we found sufficient to invoke the procedural guarantees granted in the
constitution

The
NCAA are in violation of liberty interest. The Colorado Christian University, an
NCAA division II school has banned student-athletes from kneeling during the
national anthem. CCU president was disgusted by the protest expressing that the
demonstration showed disrespect towards our country, and is proud the
University won’t be participating in the protest. History has proven those who
have won independence knew that fear breeds repression; that repression breeds
hate; that hate menaces stable government. (Free Speech Cont. Law, 961). Safety
lies in the opportunity to discuss freely supposed to grievances and proposed
remedies. The System of Freedom of Expression in the 1970’s argued that freedom
of speech provides a wide framework in which conflicts are necessary to the
progress of a society can take place without destroying the society. The
ability to stand-up for social injustice and kneeing for the national anthem gives
power so people could express themselves. Making someone stand for the anthem is
unpatriotic and antitheses the ideal of the military protecting our freedom.  It is our right to express the inequalities
and racial tensions most Americans face every day according to the 9th
amendment, the enumeration in the
constitution, of certain rights, shall not be constructed to deny or disparage
others retained by the people (Constitution, 4).

The
NCAA rules and regulations are also interfering with the athlete’s liberty to
practice his/her profession. Athletes cannot endorse their name/build a brand
while being in college. The bylaws state, institutions who receive information
or otherwise has cause to believe that a prospective student-athlete’s amateur
status has been jeopardized, makes the institution responsible for promptly
notifying the NCAA Eligibility Center of such information (NCAA, 62). The
bylaws furthered their argument by clarifying how the athletes can lose their
eligibility. An individual loses amateur status when, they use his or her
athletics skill (directly or indirectly) for pay in any form or accepts a
promise of pay even in such pay is to be received following completion of intercollegiate
athletic participation (NCAA, 63). Amateurs are not paid for their athletic services;
therefore, we shall not pay our athletes the attend this university, as sports
are voluntary and a form of additional education, Mark Emmert, president of the
NCAA recanted in an interview about paying athletes. (Miller, 1). The NCAA
regulations are preventing the athlete’s inopportunity for major endorsements.
Endorsements help with future and present financial security and investments. Student
athletes could lose their scholarship or be expelled from school, for simply
trying to better their futures. Professional sports are not guaranteed, the NCAA
calculated that roughly, one-two percent of all college athletes will make it
pro in their desired sport (NCAA, 1). This compelling and skewed stat is outrageous
that most student athletes compete their entire lives to never see their dreams
come true, not to mention they supply the money for the NCAA and universities.

The
student athletes should be treated like employees, instead of amateurs.  The NCAA makes approximately 5 billion dollars
a year in revenue from every sport and their bowl or tournament games.  This massive acumination of wealth violates property
interest of the players. The athletes make all the profits for this massive
corporation. With many people paying for tickets and watching on television,
college sports has become an enormous business. Football programs at Texas,
Florida, Georgia, Michigan, and Penn State—to name a few massive-revenue
football schools—each earn between $40 million and $80 million in profits a
year, after paying coaches multimillion-dollar salaries (Branch 85). Yet, some student-athletes
are struggling to survive everyday life. I have come to believe that sentiment
blinds us to what’s before our eyes. College sports are fully commercialized
that generates billions of dollars flowing through them year after year. The
NCAA makes money, and enables universities to make money, from the unpaid labor
of young desperate athletes trying to better their lives.

Property
interests protected by the procedural due process extends well beyond actual
ownership or money. The universities rule or policy that secured the NCAA
interest violated the student-athlete’s property interest. The student-athletes
had lack of formal tenure right to receive compensations for their labor or “performance”.
For example, in a case study in the constitutional law book, the governing
federal law prescribed not only the grounds for removal but also set forth
removal procedures (Cont. Law, 594).  When creating or revising the bylaws the NCAA
never held meetings or hearings to determine the severity of being a broke
college athlete. Instead, they implemented regulations to abided by or risk
termination from school. The termination also has no hearing or due process,
just termination which is a violation of property interest. While the NCAA may
elect not to confer a property interest in the recruiting or signing process,
it may not constitutionally authorize the deprivation of such an interest.

College
coaches continually fail to explain in detail to student athletes about their letter
of intent contracts. Student athletes are signing their rights and freedom away
without notice. The improper notice makes athletes unaware of the choices they
have before and after signing their letter of intents. As I was reading the
Constitutional Law book, there was a case Perry v. Sindermann about the university
failure to due process of the teacher’s employment statues. Sindermann the
defendant involved a claim of a nontenured college teacher who asserted a procedural
due process right to a hearing where he might be informed of the grounds for
his nonrerention and challenge their sufficiency. (Cont. Law 592). Sindermann
lack of a formal tenure right to re-employment violated due process and won him
the case.  The court sided with Sindermann’s
claim and further to derail the universities declined opportunity to be heard
from the employee. This is a similar situation between student athletes and
coaches. Every detail about playing sports for the NCAA are not made aware
therefore, student athletes should be excused of any misconduct behavior
committed.

Under
the Due Process Clause public universities college athletes should be paid. The
NCAA are in violation of Life, Liberty, and Property interest. 

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