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Handbook for Student Law for Higher Education Administrators, Third Edition

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James Ottavio Castagnera

The Handbook for Student Law for Higher Education Administrators, Third Edition is a practical tool, intended for administrators dealing with students in higher education, focusing principally on four-year institutions. Addressing the ever-evolving relationship between higher education and the law, the book will provide the academic administrator with the means to knowledgably and confidently navigate the many legal threats and challenges facing colleges today. Focused on the "hot" issues in higher education today, and using examples from real cases and scenarios from many institutions, the handbook provides sample policies, checklists, and advice that administrators can apply to a wide variety of situations, both preventatively and proactively. The Handbook for Student Law for Higher Education Administrators, Third Edition is a compendium of practical knowledge and guidance, useful to all administrators dealing with the legal minefield that is higher education.

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Chapter 3: Student Activities

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STUDENT ACTIVITIES

Athletic Programs: The Revolt of the Student-Athlete

Colleges and universities in the current competitive environment are expected to present to their students a panoply of athletic opportunities. These broadly include: (1) competitive inter-institutional programs, typically under the auspices of the National Collegiate Athletic Association (NCAA), (2) inter-mural activities, and (3) fitness opportunities. The institution that lacks any one of these is likely to find itself at a severe competitive disadvantage vis–à-vis its peer competitors. Each of these levels of athletic activity poses its own particular challenges to university administrators. However, the focus of this chapter will be inter-institutional athletic programs.

More particularly, I intend to cover the recent efforts by student-athletes, their advocates, and athlete-alumni to establish previously unheard of—some would say radical—economic rights. These efforts have been pursued under (1) the Fair Labor Standards Act, (2) the National Labor Relations Act, and (3) the Sherman Antitrust Act. At this writing the first two initiatives have failed, while the third has met with significant success. ← 57 | 58 →

The Student Athlete and the Fair Labor Standards Act

The FLSA is a hoary old statute dating back to the New Deal. Supplemented by comparable wage and hours laws in the 50 states, it mandates the minimum hourly wage, species who is entitled to overtime (premium) pay and under what circumstances, and regulates child labor in the United States. When I was...

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