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How to Demonstrate Administrative (Institutional) Control in High-School Athletics, Part I
Author: Michael L. Buckner, Esquire (Shareholder)
The Michael L. Buckner Law Firm begins a two-part series on "administrative" (also referred to as "institutional") control. The first entry in the series describes processes and procedures that can be implemented by a secondary school to demonstrate control over its interscholastic athletic program. The next entry, which will be published in the February 2012 issue, discusses examples of lack of administrative or institutional control.
State athletic associations require a member school to demonstrate administrative or institutional control of its interscholastic athletic program. Specifically, a member school with sufficient control has implemented the necessary processes, policies and procedures to ensure its interscholastic athletic program operates in accordance with state athletic association regulations. The responsibility for administrative or institutional control rests with the principal or head-master, who is responsible for the administration of all aspects of the school's interscholastic athletic program (including the education of, responsibility for and control over the actions of the school's administration, faculty, athletic staff, student-athletes, student body and any other individual or group engaged in activities representing, supporting or promoting the athletic interests of the school). A member school that lacks administrative or institutional control can suffer from major rules-violations and adverse operational issues.
Member schools are encouraged to design and adopt measures that: (a) demonstrate administrative or institutional control; and (b) reduce the likelihood a finding of lack of control (in the event of a rules-violation). The Michael L. Buckner Law Firm recommends member schools implement the following processes and procedures to assist with avoiding a finding of lack of control. [Note: The presence of the following measures does not a guarantee against a finding of lack of control. In fact, the manner in which the measures are implemented and monitored by the school are crucial factors in determining the level of control.]
1. The state athletic association rules applicable to each school operation are readily available to those persons involved in that operation.
2. Appropriate forms are provided to persons involved in specific school operations to ensure that they will properly follow state athletic association rules.
3. A procedure is established for timely communication among various school offices and units regarding determinations that affect compliance with state athletic association rules.
4. Meaningful compliance education and training programs are provided for personnel engaged in school athletically-related operations.
5. Informational and educational programs are established to inform athletics boosters of the limitations on their activities under state athletic association rules and of the penalties that can arise if they are responsible for rules-violations.
6. Informational and educational programs are established for student-athletes regarding the state athletic association rules that the students must follow.
7. An internal monitoring system is in place to ensure compliance with state athletic association rules.
8. An external audit of athletics compliance is undertaken at reasonable intervals.
9. The principal/head-master, athletic director and other senior administrators make clear that they demand compliance with state athletic association rules and that they will not tolerate those who deliberately violate the rules or do so through gross negligence.
10. The institution and its staff members have a long history of self-detecting, self-reporting and self-investigating all potential violations of state athletic association rules.
[Note: Adopted from Michael L. Buckner Law Firm workshop materials and NCAA Committee on Infractions, "Principles of Institutional Control".]
Contact Michael L. Buckner (954-941-1844; mbuckner@michaelbucknerlaw.com) for recommendations on enhancing your school's administrative/institutional control of its interscholastic athletic program. | 
