In the Wake of NCAA Rule Violations, Baruch Brings in a FAR Who is Highly Recognizable in Sports Law Circles

Sep 2, 2016

Marc Edelman, an Associate Professor of Law at the Zicklin School of Business, BaruchCollege, City University of New York, will be part of the solution at Baruch, where he has been named its Faculty Athletics Representative (FAR).
 
Edelman, an expert in issues pertaining to NCAA amateurism and other sports law areas, was specifically identified by the school president (see related article) as part of the effort to ensure that the college walks the straight and narrow from this point forward with regard to NCAA rules.
 
A magna cum laude graduate of the University of Pennsylvania’s Wharton School and a cum laude graduate of MichiganLaw School, Edelman began his professional career by practicing antitrust and sports law with the law firms Skadden, Arps, Slate, Meagher and Flom LLP and Dewey Ballantine LLP. He has also taught on the full-time faculty at the Barry University School of Law and at Rutgers School of Law-Camden. His strong background the scenario he finds himself in made him a good candidate for an interview.
 
Question: Is this your first appointment as a FAR?
 
Answer: Yes, but I am very familiar with the position. I previously practiced sports law with two major firms, Skadden Arps and Dewey Ballantine. In addition, my academic research focuses extensively on sports law. I have an undergraduate degree in business from the University of Pennsylvania’s Wharton School and degrees in both law and sports management from the University of Michigan. I am also currently working toward a master’s degree in higher education administration here at BaruchCollege. 
 
Why is the FAR position so important this day and time?
 
The FAR serves as the conduit between the three important constituencies: college athletes; athletics personnel; and the university faculty. Throughout the country there is notably poor communication between these groups. For college athletics to work, even at the Division III level, there needs to be a better alignment of the interests and incentives among these groups.
 
Given the sanctions and the mention of your appointment, is there added pressure on you?
 
I have always been a big believer that if you operate with a strong moral compass, things work out in the end. Baruch College has a long history of providing an excellent education to its students at an affordable price. As long as this message remains at the heart of our mission throughout the college, I believe everything will work out positively, moving forward.
 
What will be the biggest challenge?
 
The issues are very different on the Division III level. Division I football and men’s basketball are highly commercialized pursuits in which athletic directors and coaches earn millions of dollars based on athletes’ wins and losses. By contrast, on the Division III level, the athletes are still primarily students. As with any institution, some administrators and coaches may sometimes lose sight of this distinction, but my goal as FAR is to try to keep that in check.
 
Are you surprised that these kinds of issues have reached down to DIII, why or why not?
 
By nature, people are wired to behave competitively, and, at a major university the desire to achieve is extremely high. Coaches want to win games, and one way to facilitate winning is by having top athletes at a university. Nevertheless, throughout the country, college coaches and administrators need to redefine their view of success. As long as college athletes are unpaid, success must be defined as ensuring that the athletes are afforded with the opportunity to excel in the classroom and that the athletes learn skills in teamwork and camaraderie while playing their sport. Everyone needs to understand that Baruch College is not the University of Alabama, and that athletics are meant here as an opportunity for student enjoyment; not business. Frankly, I have my doubts as to whether the University of Alabama should even be the Universityof Alabama if their athletes are not being paid as employees.


 

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