Mitch McGary is declaring for the NBA draft.

[NKR1978]

The same reason students don't have to report to practices or go to study table or attend team meals - because those are certain requirements for playing an intercollegiate sport.

...because they meet every single statutory definition of "employee" and it is hilarious to see the NCAA argue that they aren't employees.

 

[Cheriehoop]

...because they meet every single statutory definition of "employee" and it is hilarious to see the NCAA argue that they aren't employees.

The students aren't saying that they are employees of the NCAA , private college student athletes are saying that they are employees of the private college though.

 

[djcon57]

They're not employees according to the NCAA. Why would they be subject to something that no regular students are subjected to?

Right...I don't remember being drug tested for my academic scholarship. Good thing, too.

 

[PeteCalvin]

I've seen references to both "recreational drug" and specifically to weed. From what I'm reading, it sounds like the punishment for weed would be a one year suspension. Doesn't mean it was weed, but even for weed, a positive test during the tournament is a one year ban. Which is of course ridiculous.

And the answer is: The reason "The Wright Brothers" were punished and stayed home in 2006.

 

[NKR1978]

The students aren't saying that they are employees of the NCAA , private college student athletes are saying that they are employees of the private college though.

There's a theory under the law of general/special employment. It comes down to who directs and controls the employee. The NCAA during the Tournament says where you practice, sets your practice and media schedules, determines who you play and pays your employer (the school through the conferences) based off the NCAA tournament credits that are earned. The NCAA very well could meet the definition of a "special employer" under the law for various purposes.

 

[OttoMets]

I've seen references to both "recreational drug" and specifically to weed. From what I'm reading, it sounds like the punishment for weed would be a one year suspension. Doesn't mean it was weed, but even for weed, a positive test during the tournament is a one year ban. Which is of course ridiculous.

In my experience, all parties want to downplay these transgressions and shape the story accordingly when a player gets suspended. An arrest becomes "a family matter he needed to attend to." Some less socially-accepted drug becomes weed.

I shouldn't have contradicted anyone with certainty, but I'd bet that he did something worse. Jibes with what I've seen elsewhere.

 

[OttoMets]

There's a theory under the law of general/special employment. It comes down to who directs and controls the employee. The NCAA during the Tournament says where you practice, sets your practice and media schedules, determines who you play and pays your employer (the school through the conferences) based off the NCAA tournament credits that are earned. The NCAA very well could meet the definition of a "special employer" under the law for various purposes.

Sounds like you're the labor lawyer here, but I think that's a stretch.

The National Spelling Bee fits those criteria, too, but those kids aren't employees.

 

[Knicks411]

In my experience, all parties want to downplay these transgressions and shape the story accordingly when a player gets suspended. An arrest becomes "a family matter he needed to attend to." Some less socially-accepted drug becomes weed.

I shouldn't have contradicted anyone with certainty, but I'd bet that he did something worse. Jibes with what I've seen elsewhere.

I figured you were going that way, and I get what you're saying, especially since the punishment for weed and say coke seem to be the same

 

[NKR1978]

Sounds like you're the labor lawyer here, but I think that's a stretch.

The National Spelling Bee fits those criteria, too, but those kids aren't employees.

National Spelling Bee participants seem to have much more in common with independent contractors if they have any real characteristics of employees at all.

 

[OttoinGrotto]

I figured you were going that way, and I get what you're saying, especially since the punishment for weed and say coke seem to be the same

There's a Tyrone Biggums meme in here somewhere.

 

[Knicks411]

there's something you might not know about me joe rogan

 

[Cheriehoop]

There's a theory under the law of general/special employment. It comes down to who directs and controls the employee. The NCAA during the Tournament says where you practice, sets your practice and media schedules, determines who you play and pays your employer (the school through the conferences) based off the NCAA tournament credits that are earned. The NCAA very well could meet the definition of a "special employer" under the law for various purposes.

I'd think if unionization was targeting the NCAA then public university students would be joining in too. I agree that the colleges are doing what is necessary to be eligible under NCAA rules but it appears that its only the private colleges being legally targeted as employers since it's the colleges who chose membership thus compliance with the NCAA not the student athletes. It has probably accelerated the increasing pressure for major conferences to disassociate from the NCAA, their rules and costly regulations, and why the NCAA is scrambling to try to please the major conferences.

Wonder if there will be some division between the private universities and public universities on how to approach these athletic issues too - there are already major - size, cost, funding differences now they will only be adding to these differences if unionization becomes a reality.

 

[OttoinGrotto]

there's something you might not know about me joe rogan

Oh man, imagine if that's his opening line when talking to the draft guy after he walks down from the podium.

 

[OrangeDW]

There are some hard prescription drugs for that back pain of his out there. The ones advertised on TV, that can give you blod clots and kill you. That's all legal and ok.

NCAA using no common sense and going out of it's way to screw over a "student-athlete" as usual.

 

[OrangeAl]

There are some hard prescription drugs for that back pain of his out there. The ones advertised on TV, that can give you blod clots and kill you. That's all legal and ok.

NCAA using no common sense and going out of it's way to screw over a "student-athlete" as usual.

There's a clearly defined list of drugs that can't be used. What would you like the NCAA to do - just change the list or tear up the list entirely?

 

[OrangeDW]

There's a clearly defined list of drugs that can't be used. What would you like the NCAA to do - just change the list or tear up the list entirely?

Don't test the guy who hasn't played in months, and don't give such an insanely harsh punishment for a first offense. Again, just a little common sense please.

 

[Briancuse]

A drug problem? Eh.

And yet people question Ennis and Grant leaving for the NBA..this is a PERFECT example of what might happen if you return.

So being worried about failing a drug test is a good reason to leave?

 

[NineOneSeven]

So being worried about failing a drug test is a good reason to leave?

Wow.

 

[creatorsgam]

There's a Tyrone Biggums meme in here somewhere.

Because I can't resist...

 

[Libero2]

So being worried about failing a drug test is a good reason to leave?

That was my thought. Don't do drugs illegal things and you can't get caught doing them and get in trouble for it.

Yes pot is illegal in most states, like it or not, so don't use that stuff and it won't be an issue. If you want to use that stuff without risks, get out of the game (and don't go job hunting for a while).

 

[Briancuse]

That was my thought. Don't do drugs illegal things and you can't get caught doing them and get in trouble for it.

Yes pot is illegal in most states, like it or not, so don't use that stuff and it won't be an issue. If you want to use that stuff without risks, get out of the game (and don't go job hunting for a while).

I am all for legalizing it, but when you play a sport that requires you to stay clean, be smart.

 

[kirbivore]

I'm so relieved that the NCAA handed down this punishment. Everybody knows that pot is a gateway drug and that if the NCAA didn't act, he would be doing crystal meth and heroin before you know it.

http://www.youtube.com/watch?v=anIf5GQqy6Q