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12 Va. Sports & Ent. L.J. 232 (2012-2013)
The Modern Athletic Director: Rising Expectations, Risks and Rewards

handle is hein.journals/virspelj12 and id is 240 raw text is: Article

The Modem Athletic Director:
Rising Expectations, Risks and Rewards
Robert H. Lattinville*
Bennett H. Speyer**
INTRODUCTION
The enormous commercial popularity of college athletics imposes
increasing duties and pressures on Athletic Directors. A recovering economy and
significant industry changes further intensify this fishbowl environment and demand
a scope and degree of skill and performance never before required to succeed as an
Athletic Director. Understandably, in this environment the hiring process for
Athletic Directors as well as the terms and conditions of their employment
agreements have become more sophisticated. This article surveys topical issues
regarding college Athletic Directors employed by National Collegiate Athletic
Association (NCAA) Division I' member institutions (hereinafter, Athletic
Director(s)).
Part I of this article posits the fundamental and emerging duties,
challenges and qualifications of today's Athletic Directors. Part II provides a current
compensation survey for Athletic Directors, including a summary of the common as
well as unique provisions of their employment contracts. Part III introduces
important tax considerations in the negotiation and drafting of these contracts. The
article concludes with some logical forecasts for the profession.
*Chairman ofthe Sports Law Practice Group at Stinson Morrison Hecker LLP. Bob is also a principal of
Premier Stinson Sports, LLC, a firm dedicated to the comprehensive representation ofclite level coaches.
B.S. University of Missouri; M.B.A. Saint Louis University; J.D. Indiana University-Bloomington. Mr.
Lattinville wishes to thank his research assistant, Stephanie Groth, and his administrative assistant, Kristie
Herzberg, for their assistance in preparing this article.
**Partner, Shumaker, Loop & Kendrick, LLP, where he is a member of the firm's Tax and Employee
Benefits Practice Group, and Leader ofthe firm's Sports and Entertainment Industry Group. B.A. Miami
University; J.D. University of Toledo College of Law. Mr. Speyer wishes to acknowledge Wyatt Holliday,
an associate attorney with Shumaker, Loop & Kendrick, LLP for his assistance in the preparation of this
article.
The National Collegiate Athletic Association is a private entity composed of four-year colleges and
universities and appropriately credited two-year institutions as well as athletic conferences or associations
that agree to operate in accordance with the constitution, bylaws and other legislation of the NCAA.
NCAA Constitution, Article 3 et. seq., effective 2011-2012. As of September 7, 2012, there are 1,066
active member schools (340 in Division I, 290 in Division II and 436 in Division Ill) in the NCAA. Each
member institution and member conference is designated as a member of Division 1, II or III for certain
legislation and competitive purposes. NCAA Bylaw 20.01.2. In football, Division I institutions arc
divided into the Football Bowl Subdivision (formerly known as Division I-A) and Football Championship
Subdivision (formerly known as Division I-AA). Id. Multi-division classification for an individual member
institution is permitted under specific circumstances. Id.
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