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How to Demonstrate Administrative (Institutional) Control in High-School Athletics, Part II
Author: Michael L. Buckner, Esquire (Shareholder)
The Michael L. Buckner Law Firm concludes a two-part series on "administrative" (also referred to as "institutional") control. The first entry in the series described processes and procedures that can be implemented by a secondary school to demonstrate control over its interscholastic athletic program. This issue's entry will discuss 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 provides the following examples of a lack of control. [Note: This list is not exclusive, but should provide useful examples for member schools interested in enhancing administrative control.]
1. A person with compliance responsibilities fails to establish a proper system for compliance or fails to monitor the operations of a compliance system appropriately.
2. A person with compliance responsibilities does not take steps to alter the system of compliance when there are indications the system is not working.
3. An administrator or supervisor with overall responsibility for compliance, in assigning duties to subordinates, so divides responsibilities that, as a practical matter, no one is, or appears to be, directly in charge.
4. Compliance duties are assigned to a subordinate who lacks sufficient authority to have the confidence or respect of others.
5. The member school fails to make clear, by its words and its actions, that those employees who willfully violate state athletic association rules, or who are grossly negligent in applying those rules, will be disciplined and made subject to discharge.
6. The member school fails to make clear that any individual involved in its interscholastic athletic program has a duty to report any perceived violations of state athletic association rules and can do so without fear of reprisals of any kind.
7. An athletic director or any other individual with compliance responsibilities fails to investigate or direct an investigation of a possible significant violation of state athletic association rules or fails to report a rules-violation properly.
8. A head coach fails to create and maintain an atmosphere for compliance within the program the coach supervises or fails to monitor the activities of assistant coaches regarding compliance.
[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. | 
