Despite the now commonplace concern surrounding concussions,
the widely-recognized long-term cognitive damage caused by on-field
head injuries, the preventative steps that youth and professional sports
leagues have taken to mitigate these effects, and the plain words of
caution spoken by professional athletes themselves, the NCAA has been
lethargic, at best, in reacting to the alarm that athletes, doctors, and
lawmakers have been sounding about the danger of head injuries from
playing contact sports. Congress, state legislatures, sports leagues,
and NCAA-member conferences have rallied to the cause, applying
themselves to the task of establishing concussion management
protocols and funding studies to evaluate how concussions are caused
and what can be done to prevent them.
Yet, the NCAA has failed to apply its resources with similar energy,
or take independent action to protect its student-athletes from being
plagued by cognitive decline in their post-collegiate professional lives.
This Article explains the science of a concussion, and presents the
reasons why it is imperative that concussions be prevented This
Article evaluates the efforts of other sports leagues -fom the NFL to
youth leagues to the Ivy League - to implement concussion
management plans and devote funds to studying the cognitive effects of
multiple head injuries. This Article argues that the NCAA, which
purports to prepare student-athletes for success off the field, has
enjoyed great autonomy since its inception - shielded from government
regulation and from student-athlete demands. This Article argues that
the NCAA's independence has allowed it to fail its student-athletes by
not providing proper education, guidelines, and prevention techniques.
Furthermore, this Article suggests that the NCAA create an education
plan to prepare student-athletes for timely returns-to-play, and urges
the NCAA to direct its funds towards research and collaborative
opportunities with existing concussion research efforts. Ultimately,
this Article concludes that the NCAA has failed to provide proper
regulation in this area of collegiate athletics, and urges the federal
courts to mandate change.