International Student Athletes and NCAA Amateurism: Setting an Equitable Standard for Eligibility after Proposal 2009-22
PDF · Zachary R. Roth · Apr-11-2013 · 46 VAND. J. TRANSNAT’L L. 659 (2013)
The United States is often called the land of opportunity. In many ways it has proven so, but this is not always the case. International student athletes are not granted equitable treatment with their American peers under National Collegiate Athletic Association (NCAA) amateurism rules. While the NCAA bylaws, through Proposal 2009-22, grant international student athletes the right to participate on professional teams, the proposal does not give the athletes the ability to truly exercise that right. Through the lens of Turkish basketball player Enes Kanter, this Note explores amendments to NCAA bylaws that are necessary for the NCAA to promote such an opportunity for international student athletes. The value of education and the acknowledgment of cultural differences require further steps to protect these athletes. This Note advocates for the recognition of education expenses as necessary and for a “pay-back” provision for excess compensation to protect athletes from issues arising from cultural and language differences.