Are Sports Different?

Governor Arnold Schwarzenegger last month signed into law California Assembly Bill 2165, which prohibits athletes from competing for any schools in the state college systems (UC, CSU, and Community College) if they have been convicted of certain violent felonies, unless and until they have completed their sentences. The impetus behind the law, described here, was a 2004 beating of a San Diego State student by three football players from Grossmont College (a nearby junior college); the players pled guilty in May 2005, but remained on the team until October 2005, when they were sentenced to jail time. In signing the bill, Schwarzenegger spoke of it being a privilege, not a right, to play a college sport, so a felony conviction deprives you of the privilege until you serve the time.

The problem is that everything about college is a privilege rather than a right. It arguably is a privilege simply to be admitted as a student and to be able to attend classes. It is a privilege to engage in many extra-curricular activities--playing in the band, playing intramurals, joining a fraternity or other student organization, acting in a school production, living in student housing.

But we do not attach similar conditions to any of these privileges, at least by law, only to sports. Why not?

I imagine that the answer to this basic question, and thus the explanation for this issue, lies in the fact that I am writing on something called "Sports Law Blog," but not something called "Fraternity Law Blog" or "Marching Band Law Blog" or "Chemistry 101 Law Blog." Sports are higher-profile (even at a junior college) and players are seen to "represent" the school. But so does the marching band and, in fact, so does the student body as a whole. Is it any more troubling that one of the school's football players continues to play after pleaing guilty to assault than that the president of Lambda-Lambda-Lambda or the vice president of the Student Government continue to serve after pleading guilty to the same crime?

If we are serious about wanting to deter misconduct by students (as the Governator said in signig the law), why stop with athletes?

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