April 14, 1992
I.T.C.A. P.O. Box 71 Princeton, NJ 08544 Gentlemen:
I have recently learned that the I.T.C.A. has taken the position that any regulation of foreign tennis players is prohibited by law. I have thoroughly researched and reviewed the law regarding this issue and wish to inform you that the law does not prohibit such regulation.
If your association has legal counsel, I’m confident that he is full conversant with the law of the higher education, and specifically, that as it pertains to intercollegiate athletics. I encourage you to confer with your counsel on this very important issue. If he does not concur with my opinion, or if you do not have legal counsel, I am readily available to discuss this issue with you or him by telephone, or, if need be, in person. Moreover, I am willing to provide you, or him, with all of the law as it pertains to this issue so that this matter can be decided on the basis of a policy decision. This problem is not going to go away. If anything, it is going to become worse as it pervades other sports in addition to tennis, track and soccer, the predominantly foreign athletic teams.
The issue should be fully discussed and decisions made regarding it on the basis of merit. The respective members of your Board, and those of other similar associations, should state what their position is, and then vote on it on the basis of policy. The law permits you to do that in regulating the number of foreign tennis players that may participate at various levels of intercollegiate tennis. No association should hide behind the shield of the law in order to avoid considering this very difficult issue.
The National Junior College Athletic Association (N.J.C.A.A.), based upon their legal counsel’s analysis, which concurs with mine, has provided for regulations as to the number of foreign students that may participate.Their action, and that of your Association, is not “State action”.They are permitted, as your Association is, to do this under the law. Minnesota also had adopted regulations, which the total number of foreign athletes is limited. There are a variety of methods, too numerous to mention here. Some regulation is done based upon the ratio of the total number of foreign students to the total students enrolled; some are as a percentage of the total team members; and some are simply by number.
As stated above, I am willing to confer with you or your counsel on the state of the law on this very important issue. Thank you for your consideration.
Very truly yours, John L. Morel
April 23, 1992
To: ITCA Board of Directors, Sheila McInerney, Jeff Frank, Rick Evrard, Dan Calandro From: David Benjamin
Foreign Player Scholarships
As we all know, one of the most controversial areas involving collegiate tennis is the issue of scholarships given to foreign players. Over the past years, we have been asked innumerable questions about this by the media as well as members of the USTA and many concerned parents. It has always been our understanding that there are Constitutional constraints preventing an Association from passing any formal legislation which would limit scholarships given to foreign players. Last week I raised this question with Rick Evrard, NCAA Director of Legislative Services, who said his initial instinct was that it could be met with legal opposition, but he would look into it further.
This week I have just received the enclosed letter from an Illinois attorney, Mr. JohnMorel,in which he states that the“law does not prohibit such regulation.” I plan to discuss this matter in more detail over the phone with Mr. Morel, and to follow up with further conversation with the NCAA and other appropriate authorities.
In the meanwhile, I am bringing this matter to your attention in order that you might discuss this with the coaches at our ITCA. Annex Membership Meetings in May. If the points raised by John Morel are correct, it might be time for the ITCA and the NCAA Tennis Committee to explore this issue in depth.
I would appreciate having your ideas and reactions from the coaches after your discussions at the ITCA Annex Meetings.
David A Benjamin – Executive Director
P.S. I am enclosing a fact sheet put together by Joe Lynch about foreign players and collegiate rankings.