Sports organizations have faced different ethical challenges since their development. To counter the challenges, sports ethics and conduct have helped restore the serenity of sports games in the world. Due to repeated betrayal of the sports codes and codes, questions arise about whether sports will mature one day. Poor sports administrations have facilitated the various cases that have been occurring in sports for a long time. Some reactions and decisions that have been made over the cases have seen tremendous changes that many people in the sports world boost of today. Sports are one of the industries that most countries depend on in the modern world because of its vast benefits and impacts on society. However, the authenticity of sports ethics has raised several questions in today’s sports industry.
Many people have doubted the effectiveness of the ethics and conduct of many people involved in various circumstances. Having an enormous scope of the global sports industry, many cases, laws, and policies have been observed to help control the arising unethical behaviors in the sports industry. Different bodies have come with ideas on making the sports industry one of the most significant avenues of income that will benefit many and the countries involved in various sports games. For this reason, this paper seeks to evaluate and analyze different cases, laws, and policies that at one point have happened in the sports industry. Besides, the paper will seek to address the impacts of these cases, laws, and laws.
First Section (summary of the cases, laws, or policies)
Summary of Equity in Athletics Disclosure Act
EADA is a federal athletic-related law that was passed in 1994. The law requires higher institutions of learning such as universities and colleges to make a report on gender equity information concerning their athletic programs. Coeducational institutions are allowed to participate in federally funded financial aid program that advocates for the element of equity in athletics. Besides, these institutions have intercollegiate university-level sports teams responsible for providing specific information for their athletics program. Announcing the equity available gives different students opportunities to participate in the sports and determine their aftermath fate (Staurowsky et al., 356).
Having all students, prospective students, and the general public participating in the sports equally helps schools to evaluate the athletic offering and give credit where it deserves. The poor management of the athletic industry in the United States of America has led to many repercussions in the country’s sports industry. Meeting the arising needs of the sports industry requires strict adherence to the Equity in Athletics Disclosure Act to ensure that every individual is given an opportunity to express the level of talent.
Following the enactment of the Equity in Athletics Disclosure Act, high-level institutions are required to submit the available information on equality of the previous year by October 15th as per the federal government’s requirement. The following are the kind of information that the institutions are required to submit. First, the schools such as colleges and universities are required to submit reports on sports teams and their participation by gender. The information will enable the ministry of sports in the federal government to determine whether institutions have followed the equity policy. Secondly, the schools are required to submit information on the athletic scholarship dollars awarded to males and female athletes. Thirdly, the federal government will want the schools to produce information on a number of head coaches and their assistants for both genders in the teams.
Fourthly, the federal government requires that the schools submit information on the approximate salary of coaches and their assistants for women’s and men’s teams. Fifthly, schools will be required to submit a report on the operating expenses and overall expenses on both genders of the teams. Lastly, the federal government will require the schools to produce reports on revenues for both genders in the teams. This information will help the federal government evaluate the authenticity of the Act. For this reason, the sports department of the federal government will determine efforts required to enable all schools to adhere to the act.
Summary of “Professional and Amateur Sports Protection Act of 1992”
The act is a judicially-overturned law that specifically helped the federal government defines the legal status of athletes and sports betting in all American states. The 1992 Act outlawed all sports betting across the country. The law came into existence when the federal government realized the diverse impacts of betting across all gamblers across America. The cat came into existence in 1992 when betting became a common exercise among professional and amateur sportsmen and women. People thought it was the easiest way to make more, only for the government to realize that many of its young men and women supposed to work for the country were too much into gambling.
The sports lotteries in Oregon and other states in US, and the licensed sports pools in Nevada were the only exceptions of the sports that act didn’t limit its operation in the country. Additionally, Congress gave a one window period from the date the 1992 Act was affected for the licensed casino gaming that has been in operation for ten years since the effective date to pass laws and policies permitting sports wagering. The act came into existence after a June 26, 1991meeting involving the senate subcommittee on patents, Copyrights, and Trademarks. The hearing concerned the various impacts of gambling in the United States of America. After an extensive discussion, the team agreed to enact a law that would deter gambling participants from involving themselves. Later this process led to the closure of several gambling companies in the country, which caused a lot of impacts in diverse groups and sectors of the economy.
Summary of (CAS)
The court is an international body responsible for settling sports-related disputes through arbitration. The body was established in 1984 to help oversee the many conflicts that occurred in the sports industry. CAS’s headquarters is located in Lausanne, Switzerland.
Another body created alongside the Court for Sports is the International Council of used in solving various disputes in the sports industry. The two bodies have a single president who presides over the sports cases presented in the bodies. International Council of Arbitration for Sports has twenty individuals as the active members of the association responsible for sponsoring the monetary reporting by the CAS (Kaul and Tulika 21). Besides, the International Council of Arbitration for Sports is mandated in appointing the secretary-general of the Court of Arbitration for Sports.
Impacts of “Equity in Athletics Disclosure Act”
In providing service to the public and college students, the Act plays a significant role in handling inequity among male and female college and university students. Universities and colleges have many ways of ensuring that males and females are included in the program as per the Act. Counting both male and female participants helps make a selection that will favor the team in giving the best from the competitions. As the American economy continues to struggle, collegiate athletics programs are among the victims. According to the research done in 2009, out of the 120 NCAA division Football Bowl Subdivision schools, only 14 schools reported a significant profit margin out of the twenty-five programs proposed in 2008. Schools plan for future programs based on the profits they can make upon the implementation of the program.
Most of the projections help schools address the issues of the economic crisis in the United States of America. As institutions struggle over revenues, they must look for an alternative to help contain the expenses. In so doing, the schools can meet the Equity in Athletics Disclosure Act requirements. When athletes’ program expense doesn’t meet the expectations of the institution, the solution is often based on cutting down the team to fit inside the available resources. The Equity in Athletics Disclosure Act helps in giving proper guidelines in cutting down the team based on the rule of gender equity. Thus, institutions ensure when cutting the team to fit in the expenses, gender equity program should be adhered to in most occasions (Jones and Willis 45). Failure to meet the demands of gender equity in schools’ athletics may lead to severe repercussions. For instance, Liberty University announced that there was a need to reclassify their wrestling program. According to the director of the university, this move was reached so that the campus should obtain compliance with Title IX. However, the institutions added activities like women’s lacrosse and women’s swimming in 2009 and 2010. This introduction of the games aimed at addressing the issue of gender equity in the sports industry.
Athletics teams across the United States of America are being affected by economic struggles, and the Act is cited as the main problem in the collegiate sports industry. However, no research has been done to authenticate that the Act is causing an athletic cut and is causing economic problems that have affected several schools in the United States of America. Justness in the Act intends to make potential learners aware of institutions’ commitment towards providing equitable athletic opportunities for both genders in the United States of America. The reports produced from various institutions on a yearly basis show the expenditure program of the schools. Inside the reports, the federal government can determine how far the institutions have gone in implementing the program to address the issues of gender equity in the US. The report shows the expenditure program for both male and female athletics and coaches. The expenditure according to gender will help the federal government determine the fate of players coaches based on the gender criteria. Equally, the federal government will evaluate institutions that don’t strictly adhere to the Equity in Athletics Disclosure Act. In so doing, the institutions will be held accountable for the allegations and ignorance to work to the act’s standards.
Impacts of the 1992 Act
After an extensive analysis of the Act, in the light of the present conditions, it is evident that much of the goals purported to be performed by the 1992 Act have not been achieved. Following the wagering of the policy, many betting institutions have not acquired the necessary documents that govern gambling. Majoring of the gambling companies have taken the Act more lightly to the extent that government cartels seem to be involved in the deal. As a result, the act has impacted society in different ways.
The 1992 sports act affected the economic status of many industries in America of America. For instance, a third of the Atlantic City’s casinos closed due to the enactment of the Act. The state’s casino revenues suffered a great deal. According to the research, the Atlantic revenues dropped by 50% causing a blow on the city’s economic status (Lynch and Michael 536). New Jersey racetracks are operating at losses due to the introduction of the act. The effects in New Jersey are diverse due to many people in the state depending on gambling to earn their living. Gambling companies and organizations closed indefinitely upon the introduction of the act by the federal government. It is indeed problematic among the inhabitants of New Jersey who depended purely on the companies.
New Jersey is desperate for the financial resources that legalized sports betting in the state. The state government spends a lot of resources to ensure the companies standstill to generate revenues that will boost the state’s GDP. As a result of several challenges, the New Jersey government signed a Sports Wagering Act stating a comprehensive licensing and regulatory regime that helped authorize sports wagering in the industry. This concept happened to revive sports gambling that will help the state restore its economic status.
New Jersey lawmakers still believed that the economic impacts that sports betting had on the states were too far crucial to let the industry shrink. One law (S2460) signed by the New Jersey governor explicitly stated its need to repeal certain parts of the act. The amendment raised a point that not all sports gambling should be done away with instead of some that seem addictive to the beloved individuals of the country. On the other side, the 1992 Act brought positive contributions to society because most individuals turned to gamble. This act raised a red alert of the country because the majority of the young individuals who almost drained by the addiction to sports gambling. Therefore, from the analysis, it is easy to notice that the 1992 Act had negative and positive impacts on American society.
Impacts of Court of Arbitration for Sports (CAS)
The CAS’s founding aim was to take sports disputes from the national level to international level courts. The international courts provide a highly specialized forum where disputes can be heard and arbitrated. Some of the advantages of the arbitration process during the solving of the sports cases include the following. First, arbitration of sports cases is cost-effective. Generally, arbitration proceedings lead to rapid dispute resolution as compared to the court system. It is expected that the court system drags in finding solutions for cases involving sports. Additionally, the court system may need finances that an individual may not afford. The international arbitration of sports cases is faster and cost-effective among participants of the industry.
Arbitrations proceeding are far less formal than trials in courts. The exercise leads to quicker dispute resolutions because informal technicalities are not involved. Court of Arbitration for Sports (CAS) ensures that solving sports disputes is reached without any casual produces (Duval and Antoine 78). Unlike the court system, the arbitration process requires few guidelines that might not involve the federal government. Thus, the Court of Arbitration for Sports (CAS) plays a crucial role in ensuring that the operations during the arbitration process are achieved with fewer technicalities. Lastly, unlike the court system, the arbitration process is more private. The case reports in the Court of Arbitration for Sports (CAS) can be solved with members limited to a small circle. It is crucial to note that the arbitration process.
Some of the disadvantages of the Court of Arbitration for Sports (CAS) include the following. First, the dispute resolution has no appeal. Thus, whenever the case has been withdrawn no appeal at any level of the sports court system. This idea means that the arbitration system cannot be interrupted by any form of appeal. It is disadvantageous that incase of injustice or unfair no appealing. This concept can lead to psychological issues that may compel sports participants to lose hope in sports. According to article 57 of the FIFA Policies, FIFA recognizes the independence of the Court of Arbitration for Sports (CAS). The Court of Arbitration for Sports (CAS) is mandated to solve disputes between FIFA, participants, leagues, and intermediaries. The CAS acts as an intermediary in the international sporting system. Its development has impacted the sports industry a great deal. Through its just service delivery, the Court of Arbitration for Sports (CAS) has championed a wide range of disputes, and agreements over the conflicts have been solved successfully.
Duval, Antoine. “Seamstress of Transnational Law: How the Court of Arbitration for Sport Weaves the Lex Sportiva.” TMC Asser Institute for International & European Law-Asser Research Paper 8 (2020).
Jones, Willis A. “A Benford Analysis of National Collegiate Athletic Association Division I Finance Data.” Journal of Sports Economics 21.3 (2020): 234-255.
Kaul, Tulika. “A Guide to FIFA; before and after Electing Court of Arbitration for Sports, 2019-2020.” Ct. Uncourt 7 (2020): 21.
Lynch, Michael J. Dominant themes in sports wagering state legislation following the Supreme Court ruling on the Professional and Amateur Sport Protection Act of 1992. Diss. Iowa State University, 2020.
Staurowsky, Ellen J., and Ainslie Rhoads. “IX Athletics Coordinators in NCAA Division I Institutions: Roles, Responsibilities, & Potential Conflicts of Interests.” Journal of Issues in Intercollegiate Athletics (2020).