Summary: The NCAA Representative Governance Structure

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The NCAA is the most visible and powerful national governing body in the United States. The NCAA is considered by the courts to be a private, voluntary membership organization. The NCAA is a structure that uses a representation form of governance. Members are free to join, or not join and there is no judicial authority from any particular state that delegates the power to regulate athletics to the NCAA. Although the NCAA has a heavy representation of public university officials in the NCAA structure, the rule making process conducted by the NCAA is not considered by the Supreme Court to be a joint action sufficient enough to consider the NCAA to be a state actor. A state actor is a an entity that is acting with the sufficient authority of the government and therefore is subject to regulation under the fifth and fourteenth amendments, which prohibit the federal and state governments from violating the rights laid out elsewhere in the constitution. The NCAA enjoys immunity from any attacks on its policy’s and practices that it follows due to the fact it is not considered a state actor The current NCAA representative governance structure includes the Executive Committee which overseas the Board of Directors who overseas the Management Council in a Division I environment. Division II and

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