[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-seo-324516-105":3,"detail-sidebar-cat-0-en-105":81,"doc-detail-324516-en":131},{"code":4,"msg":5,"data":6},0,"ok",{"site_id":7,"language":8,"slug":9,"title":10,"keywords":11,"description":12,"schema_data":13,"social_meta":74,"head_meta":76,"extra_data":78,"updated_unix":80},105,"en","ncaa-proposals-could-be-snagged-by-educators-opposition","NCAA PROPOSALS COULD BE SNAGGED BY EDUCATORS' OPPOSITION","","A news report dated January 9, 1986 describes opposition faced by NCAA delegates at the upcoming annual convention in New Orleans. It focuses on four NCAA Council legislative proposals numbered 32 to 35, which opponents argue would limit the NCAA’s legal liability, restrict institutions’ access to court, and shift legal costs onto colleges and universities. The American Council on Education, led by general counsel Sheldon Steinbach, calls the proposals illegal, unethical, and coercive.",{"@graph":14,"@context":73},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/document/","Document",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/document/research-report/","Research & 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cover?","Question",{"text":63,"@type":64},"It is dated January 9, 1986 and discusses the upcoming 80th annual NCAA convention next week in New Orleans.","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"Which organizations lead the opposition to proposals 32 to 35?",{"text":68,"@type":64},"The report says the American Council on Education (ACE), led by Sheldon Steinbach, is a major opponent, along with several higher-education groups.",{"name":70,"@type":61,"acceptedAnswer":71},"What main objection does ACE raise about the proposals?",{"text":72,"@type":64},"ACE argues the proposals are illegal and unethical, attempting to suppress dissent and improperly restrain institutions’ legal rights and access to the 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\nThursday,January 9,1986  \nDelegates to the 80th annual National Collegiate Athletic Association(NCAA)convention next week in New Orleans will have their hands full considering 110proposals on a range of controverslal issues,from academic eligibility re-quirements to drug testing·  \nBut four legislative proposals,offered by the NCAA Council and dealing direct-ly with legal issues,will be the targets of major opposition by several highereducation groups,led by the American Council on Education(ACE),who say theproposals don't represent the concerns of member institutions.  \nThe proposals--numbers 32 to 35--would limit theNCAA's liability in litigation and for legal ex-penses,spreading those burdens to include col-leges and universities.\"What they're proposing  \nis outrageous,\"said ACE general counsel Sheldon Steinbach.\"They're askinginstitutions to surrender any independent judgment”when student athletespursue legal action.  \nThe four proposals are\"an attempt to suppress dissent,to coerce member insti-tutions into abandoning their legal rights and to punish those institutionswhich exercise their rights,or whose employees or students exercise their ownrights,\"according to a recent memo written by Steinbach.  \nThe first of the four proposals,number 32,would require NCAA member institu-tions to cooperate with the NCAA and its legal counsel during a case and tosupport motions to remove cases from state courts to federal courts.  \nRequiring an institution to cooperate with the NCAA is an attempt to force aschool and its lawyers to accede to legal positions \"dictated\"by the assocI-ation,says Steinbach,or face punishment in the form of financial sanctions.  \nThe proposal is both illegal and unethical,Steinbach added.“A lawyer may notmake a motion or support a motion unless he believes it is for'good cause,'and there have been and will be many cases in which there would be no justifi-cation for seeking removal to federal court.\"  \nProposal 33 would prohibit an NCAA member school from instituting legal pro-ceedings challenging any NCAA action or legislation until all internal proce-dures for appeal and review have been exhausted.Steinbach said that proposal\"may appear on its face to be harmless,\"but it poses an improper restraint on(more)  \n# NCAA PROPOSALS COULD BE SNAGGED BY EDUCATORS'OPPOSITION(Cont.)\n\nan institution's freedom of access to the courts.It“is no more appropriatethan it would be for a college or university to advise students that by en-tering that institution they give up the right to go to court before all inter-nal review procedures have been exhausted,\"he added.  \nProposal 34 would allow the NCAA Council to assess a higher education institu-tion with 50 percent of the association's legal expenses in a case not broughtby the school itself,but by an institutional employee or student athlete.  \nNo school has the authority to prevent an employee or student from bringing a1awsuit,according to Steinbach,making the 50 percent assessment of NCAA legalcosts on schools“improper and without any justification in law or policy.”  \nS  \n\"It is an attempt to compel institutions into improperly coercing their em-ployees or students into not pursuing grievances in court.\"Steinbach said.adding the proposal is“1llegal and would simply subject the NCAA to furtherlitigation.\"  \nOverstepping BoundsFurthermore,Steinbach added,in some instances acourt may order the legal fees of one party to be paid by another party,there-by making it“inappropriate for the NCAA to attempt to set policy in matterswhich are clearly within the domain of legislatures and courts.\"  \nProposal 35 would enable the NCAA to take sanctions against a school for play-ing a student athlete who has filed a complaint if the court order requiringthe school to play him or her ultimately is declared moot.  \nACE opposes the proposal,Steinbach said,calling it“outrageous”for the NCAAto consider sa","cbCairbA4rEBOIQL","https://ap.wps.com/l/cbCairbA4rEBOIQL","pdf",1167026,"English","# NCAA PROPOSALS COULD BE SNAGGED BY EDUCATORS' OPPOSITION (Cont.)\n## Legislative proposals 32-35\n## Proposal 32: cooperation and removal to federal court\n## Proposal 33: delaying legal proceedings\n## Proposal 34: assessing legal expenses\n## Proposal 35: sanctions if a case becomes moot\n## ACE response and next steps","[{\"question\":\"What event and timeframe does the report cover?\",\"answer\":\"It is dated January 9, 1986 and discusses the upcoming 80th annual NCAA convention next week in New Orleans.\"},{\"question\":\"Which organizations lead the opposition to proposals 32 to 35?\",\"answer\":\"The report says the American Council on Education (ACE), led by Sheldon Steinbach, is a major opponent, along with several higher-education groups.\"},{\"question\":\"What main objection does ACE raise about the proposals?\",\"answer\":\"ACE argues the proposals are illegal and unethical, attempting to suppress dissent and improperly restrain institutions’ legal rights and access to the courts.\"}]","NCAA PROPOSALS COULD BE SNAGGED BY EDUCATORS' OPPOSITION | PDF",1789968134,13]