Case presentation: Athletic Recruit

1. Case presentation:Athletic Recruit Amanda Pitcock and Brittany Stransky

2. Our Recruit • Tyler Allstar • Transferring from a junior college after successfully completing two years there. • Convicted of a sexual offense after an incident in high school. • Has fully complied with his 5 year probation sentence and was never imprisoned for the incident. • Highly skilled basketball player that received interest from major programs across the country before the incident. • A sexual offense charge could stem from: public urination, sending/receiving obscene content in text messages, or a sexual relationship between young adults and minors. • A sexual assault offense, which is NOT what Tyler was charged with, would mean that it involved sexual actions against the will of someone else.

3. Legal precedent

4. Legal precedent • Universities historically have accepted students who have a criminal past if they deem there is no threat to the student body, faculty, or staff. • Anthony Hubbard at University of Iowa • Coach Dave Miller said, "This is what I say to all the coaches; he made a mistake when he was 18 years old. He's now 25. Enough. He's a great kid and let's move on" (Steinbach, 2011). • Tyler • Convicted of a sexual offense • Only given probation • Which is less serious than a sexual assault felony as he would have most likely faced a harsher sentence.

5. Legal precedent • Given that it was longer than a year prior to his admissions application, there would be no reason to deny him admission as long as he has: • Shown signs of maturity • Followed all regulations and sanctions set forth by the court • At this point the athletics department would be able to offer him a scholarship. • Concern for liability because of university money being used. • If the student were to act in a way to put the university in a bad light or act illegally toward another student, the university is linked because of the scholarship.

6. Legal precedent • University Liability • If the university allows admission and a scholarship to a student who has a criminal record and that student repeats the illegal action toward another student, the victim could argue negligence of the university. • “Establishing negligence means proving that a college acted unreasonably… It's not per se unreasonable to admit a student with a criminal record” (Lipka, 2010). • NCAA • Institutions offer scholarships, not the NCAA • No investigation from the NCAA regarding his criminal history • No legal obligation from the NCAA to prevent the institution from giving the scholarship

7. Legal precedent • Equal Protection Clause in the 14th Amendment • Convicted criminals could be considered part of a suspect class. • A suspect class is “a class of individuals that have been historically subject to discrimination” (Suspect classification, 2010). • The group has to be in the minority and unfairly discriminated against such as in the work place or higher education. • Employer must consider: • Nature of the job • Nature and type of offense for which the person was convicted • How long ago the conviction occurred • Since institutional scholarships are state money, Tyler could sue the university.

8. Ethical matters

9. Ethical matters • Backlash from the media or local community for admitting Tyler? • Regulations could be put into place. • Tyler could be permitted to study and play on campus but be denied housing. • Would alleviate any sexual threat he would pose to those living in the residence hall. • He would have to continue his probation with added check-ins or even check-in with a university official. • Could potentially hinder Tyler's growth and development to move forward from the incident.

10. Ethical matters • Student-athletes are held to a higher standard than students in the general university population. • Discussion only happening because the university is afraid to endorse someone with a criminal history. • “On those Top 25 teams, more than 200 players were either arrested or cited by the police a total of 277 times" (Keteyian, 2011). • Not fair hold Tyler to a higher standard since he committed the act in high school than to those who are currently already on the team and holding scholarships.

11. Student development considerations

12. Student development considerations • Perfect example of students showing development over time. • Incident happened three years prior to Tyler applying for the university. • Ample time for him to grow, mature, and learn from the mistake. • Growth measured by him following the rules of his probation and continuing to be a law-abiding citizen since the incident. • Situation has provided the ability to strengthen his character. • Life Skills programming to continue this character development. • Denying the scholarship could lead to a continued unfavorable image of himself. • Anxiety • Depression

13. Student development considerations • No scholarship? • No ability to put the past in the past. • Universities help to provide a fresh start for students. • Second chances, fresh starts, and new beginnings are why most adults go back to school. • Can’t keep making Tyler pay for his mistake. • No such thing as a perfect recruit! • Tyler has shown improvement and no signs of repetitive behavior.

14. Student development considerations • Kohlberg’s Theory of Moral Development • Great way to show how Tyler's moral development has grown and developed since his incident. • Different stages of moral development means that at the time of the incident the student was at a different place in his own reasoning than where he is today. • He has grown from his experiences and consequences from his actions and should be allowed the opportunity to show exactly how he as advanced in his own moral development. • Place Tyler at stage two at time of incident. • Could now place Tyler at stage four.

15. Student development considerations • Schlossberg’s Transition Theory • Four major factors that influence a person’s ability to cope in transition which include: Situation, Self, Support, and Strategies. • The athletic department could ensure that he is in a favorable situation: a university setting • Make sure that his “self” is adequately ready for a new start: the coach would be a great judge of character both on a personal and academic level • Support: scholarship, Life Skills programming, fresh start, and authority figures • Strategies to help him succeed: study tables, authority figures, etc. • These factors could help Tyler successfully navigate the transition to the institution and assist in making sure there are no repeat offenses.

16. Political Pressures

17. Political pressures • Coaches • Athletic department must give coaches some autonomy and let them recruit based on their best judgment. • The coach knows the student-athletes behavior better than anyone else. • Student-Athletes • Want the opportunity to have another highly-skilled player on the team. • Winning means more opportunity to be seen by the NBA and advancing in their own respective basketball careers. • Since many basketball players often come from unfavorable backgrounds and inner-city areas they would be able to relate to the issues this particular student-athlete faced. • Athletic Administrators • Increase the chances of a winning program • Provide the opportunity to offer a second chance to a student who has grown from adversity • Can’t control every aspect of every team • Need to trust coach that they employed to make the right decision

18. Political pressures • University Staff • Increase the chances of a winning program • Provide the opportunity to offer a second chance to a student who has grown from adversity • A winning program means more media attention for the university • Possibility for more money from donors • Spikes in enrollment because students want to attend an institution that can offer the real collegiate experience which of ten means a winning athletic program. • Local Community • Wants a winning program and Tyler could hold the key to that • Winning leads to higher numbers of spectators which will ultimately lead to more revenue and media power for the university. • Will rally around Tyler while playing on a winning team allowing Tyler to grow and mature further.

19. other

20. other • Status as a student-athlete • Athletics keep a very tight rein on their student-athletes. • Daily routines that include: • Sport schedules • Grade reporting • Study tables • Appropriate living situations and habits • Life Skills Training • Have an entire team behind them pushing them to succeed. • Has one chance to get it right. • Coaches have no qualms with dismissing students from teams who are not living up to the standards of the program.

21. references • Dickerson, D. (2008). Background checks and the university admissions process. Retrieved from http://www.uaa.alaska.edu/studentaffairs/upload/Background-Checks-and-the- Admissions- Process-NACUA-2010-Final.pdf • Dulle, J. (2013, February 28). Interview by B Stransky [Personal Interview]. Convicted Criminals., Dayton, Ohio.. • Equal protection. (2010). In Law.Cornell.edu. Retrieved from http://www.law.cornell.edu/wex/equal_protection • Keteyian, A. (2011). Out of bounds: College athletes and crime. CBS news. Retrieved from http://www.cbsnews.com/8301-18563_162-20038475.html • Lipka, S. (2010). Experts debate fairness of criminal-background checks on students. The chronicle of higher education. Retrieved from http://chronicle.com/article/Experts- Debate-Fairness-of/66107/ • Miaskoff, C. R. (2010). Title VII: Criminal records. The U.S. Equal Employment Opportunity Commission. Retrieved from http://www.eeoc.gov/eeoc/foia/letters/2010/titlevii_criminal_records.html • Steinbach, P. (2011). Player's prison history doesn't deter recruiters. Athletic business. Retrieved from http://www.athleticbusiness.com/editors/blog/default.aspx?id=448 • Suspect classification. (2010). In Law.Cornell.edu. Retrieved from http://www.law.cornell.edu/wex/suspect_classification