COLLEGE SPORTS WAGERING:

A CASE STUDY ABOUT GAMBLING ON COLLEGE ATHLETICS AND THE MOTIVATIONS AND CONSEQUENCES SURROUNDING

LEGISLATION WANTING TO BAN WAGERING

ON COLLEGE SPORTS

 

 

By

 

 

NEIL H. HUFFEY

Bachelor of Arts, University of Nevada, Reno, 1997

 

 

 

 

 

 

Department of Public Administration

Greenspun College of Urban Affairs

University of Nevada, Las Vegas

Spring 2001

 

 

 

 

 

A professional paper submitted to the Graduate Faculty in Public Administration in partial fulfillment of the requirements for the degree of Masters of Public Administration, The University of Nevada, Las Vegas

 

 

 

ABSTRACT

Sports wagering is the largest form of gambling in the world.  In the United States, the practice is largely illegal.  Nonetheless, it has sustained incredible growth both legally and illegally throughout the twentieth century.  Current legislation in Congress would revise a 1992 federal law that banned legal sports wagering in this country with the exemption of four particular states, Nevada included.  The state of Nevada is the only place in which wagering on college sports is legally practiced.  The State of Oregon runs a small sports betting game out if its lottery.  Proponents of the legislation suggest that passage is necessary in order to protect student-athletes and to remove the “unseemly influence” sports wagering has on amateur athletes and the games they play.  Conversely, opponents of the legislation declare the problem of college and other youth gambling stems from illegal betting on campuses and elsewhere, not from legal wagering in Nevada, which is closely regulated, policed, and taxed.  They argue that there is no compelling evidence that illegal betting will be reduced by banning wagering on legal sports betting, particularly when 98 to 99 percent of all sports wagering is already illegal.  The purpose of this case study is to examine the issue of college sports wagering in the context of the existing legislation wanting to ban it.                  

 

 

 

 

 

TABLE OF CONTENTS

ABSTRACT……………………………………………………………………………..ii

 

ACKNOWLEDGMENTS…………………………………………………..……….…v

 

CHAPTER ONE: METHODOLOGY AND PURPOSE………………………..….6

         

CHAPTER TWO: INTRODUCTION………………………………………………10

        The Expansion of Legalized Gaming…………………………………..10

Gaming Regulation…………………………………………………………11

Sports Betting……………………………………………..…………………14

Development and Background of Sports Betting…………….………15

Reasons for Sports Betting…………………………………………..……19

 

CHAPTER THREE: COLLEGE SPORTS WAGERING……………..…………22

Illegal Sports Betting And College Athletics ………………………….22

Corruption in Sports: Sports Wagering’s Impact

on the Integrity of the Game………………..……………………………25

Sports Betting on Campus and Among Student Athletes……..….27

 

CHAPTER FOUR: NATIONAL COLLEGIATE ATHLETIC      

     ASSOCIATION……………………………………………………………………32

          Background and Purpose……………………………………………...….32

        The NCAA and Gambling/Sports Wagering…….…………….……….33

The Amateur Sports Integrity Act: A Ban Against

College Sports Wagering…………………………………………..………41

 

CHAPTER FIVE: THE GAMING INDUSTRY………………………..………….43

Arguments Against Banning College Sports Wagering………….…43

Legislation to Curb the Real Problem, Illegal Sports Betting……..48

 

CHAPTER SIX: CURRENT ACTION AND LEGISLATION……………………52

 

CHAPTER SEVEN: CONTEMPORARY QUESTIONS ABOUT

     SPORTS GAMING……………………………………………………………….55

 

CHAPTER EIGHT: RECOMMENDATIONS AND CONCLUSSION….……..65

 

REFERENCES……………….……………………………..………………………..70

 

 

 

 

 

 

 

 

 

 

ACKNOWLEDGMENTS

     Writing this professional paper has been a collective effort in several ways.  My family and friends have been indispensable during my graduate years at the University of Nevada, Las Vegas.  Their encouragement and enthusiasm for the completion of this endeavor has been overwhelming.  This professional paper is the culmination of an effort that has caused me substantial devotion and gratification.

     I would like to personally thank Senator Richard H. Bryan, Frank J. Fahrenkopf, Jr., Bill Saum, Bill Eadington, Tony Cabot, Bob Faiss, and the helpful people from the Gaming Studies Research Collection at the UNLV Special Collections for assisting me with this case study.

The Public Administration faculty and staff at UNLV have been very helpful and supportive, not only with the creation of this paper but also with my entire graduate school experience.  I could not have completed this task if it was not for the guidance of my Committee Chair, William Thompson, Ph.D.  His help along with the commitment of Lee Bernick, Ph.D., Soonhee Kim Ph.D., Karen Layne, D.P.A., and Anna Lukemeyer, JD, Ph.D. were beneficial in the conclusion of this paper and M.P.A. degree.        

     This professional paper could not have been completed without the assistance and devotion given to me by my parents, Paul and Dorothy Huffey.  Their commitment to my educational attainment throughout my life is as immense as their support and love they bestow upon me as their son.

 

 

 

 

 

 

CHAPTER ONE: METHODOLOGY AND PURPOSE

     While researching the topic of college sports gambling and examining the support for and against it, I quickly realized the scarcity of literary resources readily available on the subject.  Through my contracted research, I have discovered important information in several areas regarding the issue of college sport wagering and in turn I have added new information to the subject matter itself.  However, the need for additional research about sports gambling and more specifically illegal sports betting on collegiate athletics and around college campuses remains.  Therefore, a literature review is not suitable within the context of this investigation. 

     The topic of wagering on college sports is presently being debated and unfolding at the time of this writing.  As a result, the most reliable literature on the subject consists of current records, essentially media documents.  Primary resources and empirical studies concerning the topic were difficult to uncover.  The methodology surrounding this paper involves the culmination of extensive research, personal discussions and formal interviews with various experts in their field relating to the subject and direct observation of the process and policy itself.

     This case study incorporates information collected from existing literature, including periodicals, newspaper, magazine, quarterly, and scholarly journal articles.  Individual interviews and material collected from information services were also necessary for the scarcity of data readily available.  The various interviews I conducted over a three-week span are with individuals who work on both sides of the issues.  In gathering the information, I began to recognize that my personal contacts and communications with numerous experts in their field were the most beneficial to me. 

     I spoke numerous times to former United States Senator Richard H. Bryan on the legislative and legal issues surrounding the proposed college ban.  His first hand knowledge and activity on the issue became an invaluable resource in the preparation of this case study.  The NCAA’s Sports Wagering Staff was also helpful in assisting me in my research.  I interviewed Bill Saum, the NCAA’s Director of Agent, Gambling and Amateurism Activities on the Association’s view of gambling and its efforts to banish college sports betting.  His assistant, Deana Garner was also interviewed about the NCAA’s current involvement to prevent gambling on its college campuses.  I informally spoke with gaming entrepreneur Si Redd, who today considers himself more of a sports betting expert rather than a casino owner.  His colorful recollection of sports gambling history and his thoughts of the legal and illegal business of sports gambling today was indispensable.  The fine people over at the Las Vegas Club Hotel and Casino in downtown Las Vegas were helpful in their perspective as sports book operators. I also interviewed Bill Eadington, Ph.D., Director of the Institute for the Study of Gambling and Commercial Gaming at the University of Nevada, Reno.  Dr. Eadington assisted me with issues relating to the economic and social impacts of the gaming industry.  His assistant, Judy Cornelius was also extensively questioned concerning the topic.  I interviewed gaming attorneys, Tony Cabot and Bob Faiss from the law firm of Lionel Sawyer and Collins.  Mr. Cabot was interviewed to get a current perspective on Internet gambling, and Mr. Faiss was interviewed concerning gaming law and the issue of eliminating point spreads.  Lastly, but most notably, I interviewed Frank J. Fahrenfopf, Jr., President and CEO of the American Gaming Association (AGA), specifically about the college sports betting ban.  

     Mr. Fahrenkopf and the staff at the American Gaming Association were instrumental in their support and generosity bestowed upon me as an intern with them the summer of 2000.  Working in the AGA in Washington, D.C. gave me the opportunity to experience first hand the legislation and its activity on the Hill.  The method of direct observation became the greatest asset I had in preparing and in writing this case study.  I chose this method of investigation rather than conducting a survey approach because it avoids the problems of poor recall and self-serving distortions.  Direct observation along with formal interviews allowed for measurement in a context that was more natural than any other form of assessment.  However, it can be argued that my observations may lend itself to biased conclusions based on my employment with the gaming industry’s lobbing faction.  Nevertheless, the content of this comparative case study incorporates both qualitative and variable-orientated approaches to arrive at its conclusions.         

     The purpose of this case study is to examine sports betting and more specifically the issues and concerns involving college sports betting.  This paper intends to examine the legislation and motivations surrounding a ban on college sports betting and the resistance and consequences to it.  This case study is significant because it attempts to investigate a current issue in an ever-changing gaming industry.  It does this by getting to the root of the problem: illegal gambling on collegiate sports while at the same time attacking Congress’s attempt to impede on state’s rights.    

 

 

 

 

 

 

 

 

CHAPTER TWO: INTRODUCTION

THE EXPANSION OF LEGALIZED GAMING

Gambling is a universal phenomenon; it occurs among people of all ages and cultures, and it has been widespread since the earliest stages of human development.  It is one of very few activities that has been found in nearly all societies around the world, throughout every era.  In the United States, gambling has been socially accepted, and its acceptance has considerably increased over the past twenty-five years.  Prior to 1950, gambling activity was, with some exceptions, generally prohibited by federal and state governments (Dept. of Justice, 1976).  However, since then, an increasing trend toward the legalization of various forms of gambling activity has occurred.  The American public has shown an overwhelming support for gaming activity and has deposed the moral undertones that have plagued it for decades.  Today, more than 80 percent of Americans believe that casino gaming is acceptable for themselves or others (AGA, 2000, p. 5). 

In 1975, Nevada was the only state that offered casino gambling, thirteen states had lotteries, and sixty-eight percent of adults had gambled [Commission on the Review of the National Policy Toward Gambling (CRNPTG), 1976].  By 1988, forty-six states had sanctioned some form of gambling (i.e. lotteries, pari-mutuel wagering, casino gaming, etc.) for entertainment purposes.  A snowballing effect occurred as numbers of jurisdictions endorsed the legislation of particular forms of gambling (Thompson, 1997, p. 16).  During the 1990’s, the gaming industry saw an extensive and accelerated growth period throughout every jurisdiction in the United States.  Today, all but two states, Utah and Hawaii, have legalized some form of gaming.  In 1982, gross gambling revenues (dollars wagered minus the winnings returned to players) totaled $10.4 billion.  In 1997, gross gambling revenues had increased to more than $50 billion [National Gambling Impact Study Commission (NGISC), 1999, p. 1.1].  Today, Americans enjoy a variety of gambling options including bingo, card clubs, casinos, charity gaming, lotteries, pari-mutual betting, and gaming on Indian reservations (Eadington, 1996, p. 3).  Eighty-six percent of the North American adult population has participated in these games of chance (National Opinion Research Center, 1999).  One such form of gambling, betting on sporting events, exists at the professional and collegiate levels.  Interestingly, betting on sports is the largest form of gambling in the world, the United States included.

 

GAMING REGULATION

     Over the past thirty years, the United States has been transformed from a nation in which legalized gambling was limited and relatively isolated activity in one state, into one in which such activity is commonplace and growing.  The role of government and its impact on gaming regulation has been paramount in the expansion of legalized gaming.  Governments determine which kinds of gambling will be permitted and which will not; the number, location, and size of establishments allowed; the conditions under which they operate; who may utilize them and under what conditions; who may work for them; even who may own them (NGISC, 1999, p. 1.4).  Much of the gaming regulation comes from the state or local levels and focuses on policing functions (i.e. ensuring the integrity of the games offered) and crime enforcement duties. 

     However, the federal government has had a storied history with gambling within its borders.  Until relatively recently, the federal government largely deferred to the states in matters relating to gambling. Gambling has always been left to the states except where constitutional provisions, such as with Native American gaming, were relevant, where there was concern for the involvement of organized crime, or where the federal government might have to settle a dispute between states. Washington’s attention focused largely on criminal matters, including organized crime, fraud, and the like, especially when these involved activities across state lines (NGISC, 1999, p. 3.1).  The Kefauver Committee investigations of the 1950’s set the tone in Washington to end the unsavory activity associated with casinos at the time.  Since 1950, the federal role in the regulation of gambling has expanded significantly (Blakely & Kurland, 1978, p. 932).  Attorney General Robert F. Kennedy’s efforts against organized crime and syndicated gambling highlighted the 1960's; also in the 1960’s, Congress acted twice against gambling.  First, penalizing bribery in sporting events with the Federal Sports Bribery Act of 1964 and second, restricting bank participation in the finances of state-conducted lotteries.  The 1961 Wire Communications Act (Wire Act) is a significant piece of legislation in the federal government’s expanded regulatory role over gambling.  The “Wire Act” prohibits the use of wire communications (telephones, telegrams, etc.) by persons or organizations engaged in the business of wagering to transmit bets or wagers, or to transmit information that assists in the placing of bets or wagers, taking care to specifically mention “sporting events and contests (18 U.S.C. § 1084).”  All of this legislation led up to the Organized Crime Control Act of 1970, which devoted one of its titles solely to the issue of ridding unlawful activity in the gaming industry. 

     Two comprehensive studies of gambling in the United States were commissioned by the federal government in the latter half of the twentieth century.  In 1974, a study of gambling behavior was conducted under the direction of the Commission on the Review of the National Policy Toward Gambling.  This study reported that 61 percent of Americans had gambled in 1974, and 11 percent of the gamblers bet illegally (Frey, 1985, p. 192).  The second study began in 1996 and was completed in 1999 by the National Gambling Impact Study Commission.  Their objective was to conduct an extensive legal and factual study of the social and economic implications of gambling in the United States.  The National Gambling Impact Study Commission’s Final Report and Recommendations are the most comprehensive analysis of the state of gambling in America.  The Commission’s remarks and data will be used extensively throughout this case study.  This Commission’s research suggests that 86 percent of Americans report having gambled at least once in the past year (NGISC, 1999, p. 1.1).  Today, as it was fifty years ago, gambling is an issue that is not intended to be settled at the national level.  Gaming regulation in the United States has always been viewed as most appropriate for state and local jurisdictions; the federal government would intervene only if there were an interstate matter.  Washington’s concern about the effects of gambling into America’s economic and social structure is a venerable one.  The amount of money bet legally has exploded 2,800 percent in the last two decades, from $17 billion in 1974 to $482 billion in 1994 (Harden & Swardson, “You Bet! It’s the New, $482 Billion Pastime,” 1996, p. A-1).  This kind of growth demands investigation; yet each inquest delivers the same response: gambling issues are to be appropriately addressed at the state, tribal, and local levels.  

     

SPORTS BETTING

Betting on the outcome of athletic events and races is as old as sport itself.  From informal, illegal office pools to legal bookmaking in Nevada, wagering on sporting events is a prevalent activity in American culture. The term sports betting or wagering, as defined in this paper, will refer to wagers made both legally and/or illegally on the outcome of sporting events; it includes sports lotteries, futures, pool wagering, team and/or individual competition.  This definition does not include horse racing, dog racing, jai alai or any other type of pari-mutuel activity.  Wagering on sporting events is a popular practice in every country throughout the world, including the United States.  Gambling on athletes and sporting events around the world is generally legal and governed by local government authorities.  The United States is the exception, betting on professional and collegiate sports in the U.S. is considered an illegal activity.  A 1992 federal law (Professional and Amateur Protection Act) permits it in only four states: Nevada, Oregon, Montana, and Delaware. However, only Nevada and Oregon currently conduct sports betting operations.  Sports betting in both Nevada and Oregon is strictly regulated and taxed.     

 

DEVELOPMENT AND BACKGROUND OF SPORTS BETTING 

     Sports betting in America has experienced unimaginable progress, especially in the past three decades.   Betting on sporting events is the most popular form of illegal betting in the U.S. and is one of the fastest growing forms of legalized gambling.  Sports wagering is common place from the nation’s factories to the boardroom.  The growth in the popularity of legal sports wagering can be attributed to many factors.  These same factors have contributed to the explosive growth and interest in illegal sports betting around the nation.  These include the following:

·        The decrease in the federal wagering excise tax from 10 percent to 2 percent to eventually 0.25 percent on January 1, 1983.  This served to convert many of those betting on sports illegally to do so in a legal manner.  It made sports bookmaking a profitable business venture.

·        The saturation of sporting events in the media has enhanced the public’s familiarity with various types of sports.  Cable television and satellite technology has made it possible to bring the games live and direct to the sports books.  The ever-expanding mass media marketing of professional and collegiate sports has risen to enormous levels.  The three most popular sports for wagering (football, baseball, and basketball) all have major contracts with national and local television providers.   

·        The weakened stigma associated with gambling in general and specifically, with gambling on professional events (Frey, 1985, p. 190).

Gambling, especially on sporting events, is determined a victimless crime, or a crime in which the accused has not acted in a manner considered harmful to another.

·        The legitimization of sports gambling in the eyes of the public has been promoted by the frequent “natural” association of gambling with sport, particularly by the media (Frey, 1987, p. i)

·        Major Nevada resort hotels and casinos discovered that in-house race and sports books were good for business and created substantial “foot traffic” through the casino.

·        The volume of information available to the sports bettor has increased to the point that the gambler does not have to be at a severe disadvantage when compared to the knowledge possessed by the bookmaker (Frey, 1987, p. i).

     The rise of professional sports, especially televised professional football, has brought about significant increases in the volume of sports betting in the United States.  Moreover, legalized sports wagering in Nevada flourished considerably when the federal gambling tax was gradually reduced from 10 percent to 2 percent from 1975 to 1979.  The sports handle increased dramatically from less than $41 million in 1973 to almost $258.7 million by 1979. 

     Gambling on sporting events involves large amounts of money, but just how large may be impossible to determine, because most sports betting is done illegally.  Sports betting is legal in only two states: Nevada, through casino sports books, and Oregon, through a state lottery game entitled, “Sports Action.”  This game is based on contests played in the National Football League and would not be affected by a federal ban on college wagering. Interestingly, the proceeds derived from this sports lottery game are assigned to support college athletics in the Oregon University System.  The so-called “third wave” of gaming in European-North American history, conceptualized by gaming authority

I. Nelson Rose, reached towards a crest during the past decade.  However, the one notable exception to this liberalizing trend is sports betting.

Nevada has 142 legal sports books that allow wagering on professional and amateur sports (“Odds Against College Ban in Gambling,” 1999, p. D-8).  The only amateur sporting events that sports books allow betting on are collegiate and some Olympic sports.   Nevada’s sports books gross gambling revenues (GGR) for 1994 were $118.6 million.  Gross gambling revenue is used because it is a true measure of the economic value of sports betting.  In 1998, legal bookmaking operations' gross gambling revenue were $122.5 million (“Gross Annual Wager Supplement,” 1999, p.49).  Betting on college events accounted for 33 percent of the total sports wagering revenue, or $40 million. The decline in sports book retention is due in large part to increased competition from Internet wagering on sports.  Nevada once led the world in sports betting.  However, due to the Internet wagering, Costa Rica now handles three times as many sports bets as Nevada (Miller, 2000,

p. 672).  The betting action in Nevada sports books breaks down as follows: professional and college football combined – 39%, professional and college basketball combined – 34.5%, baseball – 23%, and hockey – 2%.  Boxing, golf, and tennis wagering make up the remaining 1.5% (Humber, “Vegas at Odds with Gretzky,” May 7, 1988, p. A-11).  These rankings are similar to the transactions handled by illegal bookmakers; the difference is that professional football games draw an even larger share of the illegal betting action (Smith, 1991, p. 15). 

The actual wagering can occur under a variety of circumstances.  The most common of which are: a bet between friends on an individual game, an office pool (i.e. NCAA Men’s Basketball Tournament), fantasy football or hockey drafts (drafting and auctioning players based on their actual performance), in a legal sports book in the State of Nevada, or with an illegal bookmaker or bookie.  The majority of sports betting in America occurs between friends or acquaintances and involves relatively small amounts of money.  Another large portion of the sports betting population wagers larger sums of money with illegal bookmakers.  From small towns to large metropolises, cities in the United States are inundated with vast networks of illegal bookies.  The total dollar volume of sports betting in this country can only be approximated, like any illegal activity it is near impossible to determine the actual amount of money transferred.  However, the National Gambling Impact Study Commission in 1999, estimated that the scope of illegal sports betting in the United States ranges anywhere from $80 billion to $380 billion annually, making sports betting the most widespread and popular form of gambling in America (NGISC, 1999, p 1.1).

 

REASONS FOR SPORTS BETTING

     Sports gambling is now considered part of the American way of life.  Sports betting possesses more of the characteristics which contribute to the thrill of gambling than do other forms of gambling.  People bet on sporting events for a variety of reasons that can be grouped into two general economic categories: investment and consumption.  “Consumption” refers to those bets made to increase the utility, or satisfaction, a person receives from watching a sporting event; while, “investment" refers to those activities undertaken in order to increase wealth  (Ignatin, 1984, p. 170).  Sports bettors tend to be urban, male, and middle class.  They are much more likely that nonbettors to attend nightclubs, bars, operas, lectures, and museums; engage in active team sports; go to movies or theaters, and sporting events; drink alcoholic beverages; engage in active nonteam sports; and read newspapers or magazines.  Sports bettors spend more time and money than nonbettors on recreation and vacation (Ignatin, 1984, p. 170).  When sports bettors were asked why they gambled, one study found the most frequently mentioned reason for betting with friends was “to have a good time.”  The reason most frequently mentioned for betting with bookies was the “challenge.”  “Excitement” was given as a reason more often for friendly betting while “to make money” was given as a reason for bookie betting (CRNPTG, 1976). 

     Conversely, Gary Smith in his work, The ‘To Do’ Over What To Do About Sports Gambling, offers a different approach to explaining one’s reason to gamble.  In the case of sports bettors, there appear to be four main motivations for their behavior: challenging their intellectual and judgement capacities, the pleasure they derive out of beating the system, wanting to make money, and sharing a feeling of camaraderie.  The eager sports bettor enjoys analyzing and interpreting any and all available information before making a choice, and then backing it with a wager.  Notably, the sports media industry has become an enormous business in our information society.  Sports programming via the Internet, television, radio, and print media center around handicapping sporting events and athletes.  For many sports bettors, the challenge of making the right choice is more important than the money; the money just represents a convenient way of keeping score (Smith, 1991, p. 18).  To the sports gambler, “…sports betting is the same in principle as anything in private enterprise, it’s a risk, and the guy who works the hardest and is the brightest is going to come out ahead (Dionne, 1980, p. 47).”  Sports betting is less regressive than other forms of gambling due to its broad appeal among middle and upper income groups (Koza, “Who is Playing What,” 1984, p. 10).  It is also one of the few forms of gambling in which the astute bettor has a reasonable chance to win.

 

 

 

 

 

 

 

CHAPTER THREE: COLLEGE SPORTS WAGERING

ILLEGAL SPORTS BETTING AND COLLEGE ATHLETICS

Virtually, all sports betting is done illegally and performed in a non-conspicuous manner.  The explosion of interest in illegal sports betting over the past few decades is the direct result of the same factors that contributed to legalized betting explained in Chapter One.  Additionally, one large feature that spurred the growth of illegal sports betting in the U.S. was the rapid and radical change in professional sports leagues, beginning in the late fifties and continuing to the present day.  Previous to this development, the majority of professional sport franchises were positioned in Northeastern and Midwestern American cities.  Organized crime originated in the boroughs of these highly populated cities and crime bosses recognized a desire among the fans and people who loved athletic events for gambling.  Part of the allure of sports betting for the casual fan was in the excitement generated in backing the local or regional team.  With so many cities now having franchises, virtually every well-populated region has a team they can root for and bet on.  The same thing can hold true for universities and colleges around the nation.  There are schools with athletic programs in virtually every corner of this country.  Communities, along with alumni, students, parents, and teachers follow their school’s sports with great loyalty and affection. 

 Illegal bookmaking is an institution replete with social custom and unique social interchange.  Today, illegal sports betting is a game for wise guys, and the bookmaker still goes by the name, bookie.  There is a vast network of illegal bookies in cities around the country, with 2,000 to 3,000 in Boston, and as many as 20,000 in New York City.  Typically, each has 50 to 60 customers, works out of an apartment or office, and has bettors who at first wager $100 or $200 on games before working their way into the tens of thousands of dollars (Berns, “Bettor Scoffs at Ban Idea,” 2001, p. A-6). 

Most illegal bookmakers operate on credit.  By convention, Tuesday is the day of reckoning for payments.  The bookie or his agent meets the bettor at a predetermined time and location to square up accounts.  However, the system allows for flexibility.  If the bookie-bettor relationship is longstanding and characterized by mutual trust, accounts may be carried over until the amount owed exceeds a certain figure.  If the bookie and bettor move in the same social circles, accounts may be squared at irregular intervals that are mutually convenient (Lang, 1987, p. 139).  Placing a bet with a bookie is traditionally done over the phone or by a runner.  The bookie will state the point spread and the client will determine how much he or she wants to wager.  Credit is traditionally given to faithful customers. 

     Betting on sports is a natural outcome of spectatorship.  For many people around the country, betting provides the thrill of participation and having a personal stake in the game’s outcome without having to take the field or court.  College sport, by virtue of media attention and the publicizing of betting lines, has become a commodity available for purchase or mass consumption by almost anyone or any group (Stone, 1972, p. 39).

There has always been a powerful connection between sports and gambling that is at the same time criticized and denied by those who profit from it.  Since the creation of the point spread in the 1940’s, basketball has been one of the most attractive propositions for gamblers.  The score changes by the minute, in increments of one, two, or three points.  Additionally, if one has a wager on a game, he can watch his fortunes rise and fall numerous times during the course of one contest.  This sort behavior is capitalized upon in the month of March every year.

     The NCAA Men’s Basketball Tournament, also known as “March Madness” is the single biggest draw for collegiate betting.  Nevada sports books will win an estimated $60 to $80 million this year on bets made on the tournament.  Many times that figure is expected to be won by illegal bookies and offshore operators of Internet betting sites (Berns, “First In Line,” 2001, p. A-1).  The FBI projected that 2.5 billion dollars was illegally gambled on the 1995 NCAA Division I Men’s Basketball Championship, second only to the National Football League’s Super Bowl (AGA, “Facts Sheet,” 2000, online source).  Around the nation, the NCAA Tournament offers an enticing alternative to legal betting in Nevada in the form of brackets that follow the pairings of the teams as they advance or fall out of contention.  NCAA tournament brackets are very popular in all social circles, especially in the form of office pools.  The amount of money and time spent in the workplace devoted to office pools is quite significant.  Worker productivity in the month of March is presumably at a low level due to “March Madness” wagering.  

 

CORRUPTION IN SPORTS: SPORTS WAGERING’S IMPACT ON THE INTEGRITY OF THE GAME

Wherever one finds gambling on athletic contests, he or she can also find the suggestion of manipulation, victimization, and corruption.  The act of gambling on a team or individual lends itself to exploitation practices performed by the criminal mind.  The history of corruption in sports in the U.S. is well publicized and documented, yet it appears to be predominantly associated with the amateur athlete as opposed to the professional athlete.  To distant themselves from sports wagering, most professional sports leagues adopted strict rules regarding gambling and gamblers.  These included bans on wagering by players, other personnel and owners, prohibitions on dual ownership of baseball clubs and legal gambling operations, and restricting professional teams from advertising or associating with legal gambling enterprises (Cabot, 1999, p. 164). 

     The only amateur sports bet legally in Nevada involve college athletics; Olympic sporting events are rarely wagered upon.  It is important to note that illegal betting across the country involves all types of amateur sports (i.e. college, high school, Olympic, post-graduate).  With the exception of the “Chicago Black Sox Scandal of 1919,” a large majority of gambling scandals in sports occurred on our nation’s college campuses.  Basketball, especially college basketball is the one sport that is most susceptible to corruption.  Corruption in our country’s college sports dates back to 1951, when the City College of New York (CCNY) Men’s Basketball team was involved in a point-shaving scandal that rocked the sporting world and academic community forever.  In the years to follow, gambling schemes were uncovered at Seton Hall University, St. John’s University, New York University, Columbia University, University of North Carolina, North Carolina State, St. Joseph’s University, LaSalle University, Mississippi State, the University of Tennessee, the University of Colorado, the University of Connecticut, Rhode Island University, and the University of Vermont.  The most notable gambling scandals in NCAA history include: the 1961 scandal involving schools from New York and North Carolina; the Boston College Scandal of 1981; the Tulane Scandal of 1985; and most recently the scandals involving Arizona State and Northwestern Universities in the 1990’s.  Both legal and illegal sports wagering have been associated with nearly every major collegiate sports wagering scandal. 

Student-athletes act as easy targets and are susceptible to corruption for many reasons.  These may include: 1) the money and goods that fixers promise to supply in exchange for their cooperation, 2) the players are invariably young, and this lack of maturity may have some part in their willingness to assume the risks entailed in illegal schemes presented to them, and 3) many are from modest socio-economic backgrounds and lack alternative means for earning money.  College athletes are very accessible.  Fixers try to gain access to manipulate them or pay a commission to them for information related to their team (i.e. injury reports, morale, game plans and discipline issues). 

College basketball is more vulnerable to corruption than college football.  It is relatively hard to fix a football game because there are so many elements at play.  Basketball is easy to manipulate because it can incorporate point-shaving tactics.  The illegal practice of point shaving occurs when one or more bribed players deliberately limit the number of points scored to conform to the desires of corrupt gamblers.  There are technical aspects of the game of basketball that lend themselves to point shaving.  When compared to other team sports, e.g., football or baseball, it is much easier to manipulate the result of a basketball game in a way that defies detection by bookmakers, coaching staffs, referees, law enforcement agencies and college officials (Whelan, 1992, p. 12).                 

    

SPORTS BETTING ON CAMPUS AND AMONG STUDENT-ATHLETES

     Interestingly, contemporary scholars strongly support a departure from organized crime predominantly running all illegal book operations.  Recent evidence indicates that the organized crime and sports betting connection is not as strong as it once was (Rosecrance, 1987, p. 62).  Today, there is considerable evidence that a good number of sports betting operations originate on college campuses and universities.  A lot of the time it is the students in the residence halls and fraternity houses acting as the bookies, with clients being their fellow students.  It is safe to say that student bookies are present at every college, big or small, around this country.  There is no dispute that the impact of sports gambling is being felt on campuses around the nation.

     In 1995, Sports Illustrated (SI) produced a series of articles on sports gambling on college campuses.  The author noted that, “[o]n most campuses illegal sports gambling is seldom further than a conversation away.  Somebody in the dorm knows a bookie.  Somebody in the fraternity house knows a bookie.  Somebody in the frat is a bookie (Layden, 1995, p. 76).”  Sports Illustrated reporter, Tim Layden examined thoroughly the undergraduate sports betting environment at various colleges and universities around the nation.  He offers a unique glimpse of what gambling on campus is really like.  Layden concluded that students are not your typical gamblers.  SI found students from wealthy and modest backgrounds alike who had thrown themselves into betting.  Betting patterns around the country are fairly similar, with the exception of the Southeast region of the nation where illegal wagering on college football is extremely fierce.  Nevertheless, bettors do tend to have some things in common: a degree of sports-obsessiveness and athletic past (often cut short after high school), a community in which to share their betting tales (usually a fraternity house or residence hall), and a little resourcefulness.  Layden writes, “They are bright, if often naive.  Put simply, lots of college sports bettors are clever (usually fraternity jocks) who like to watch games with a crowd and get pumped by betting on them.  And they are often clueless about the realm they have entered (Layden, 1995, p. 76).”  Most notably, he concludes that, “during two months of reporting, they found that it was impossible to visit a campus– and they surveyed a dozen or more – in search of organized gambling and not find a least a handful of sophisticated bookmaking operations run by students.  In addition they found nonstudent bookies, who either work the campuses directly or use students to collect bets for their off-campus operations (Layden, 1995, p. 76).” 

     Results from a 1998 study involving approximately 1,000 students at universities in the Southeastern Conference, revealed that athletes were nearly twice as likely to be problem gamblers as non-athletes (Saum, 1999, p. 2).  Student-athletes are more prone to gambling behavior on campus than non-student athletes for a variety of reasons, most involving their proximity and access to sports related affairs and their greater competitive nature.  However, student-athletes are not the only undergraduates with gambling problems.  In 1996, several researchers surveyed 1,700 students from six colleges and universities in five different states (NJ, NV, NY, OK, and TX) and found that 33 percent of males and 15 percent of females said they gambled at least once a week.  The study also found 25 percent of males and 8 percent of females were problem gamblers.  Research done by Howard Shaffer of the Harvard University Medical School Division on Addiction shows that more youth are introduced to gambling through sports betting than any other form of gambling activity (Saum, 1999, p. 2).   

     A NCAA sponsored study completed by the University of Cincinnati uncovered alarming results as well.  2,000 male student-athletes in Division I basketball and football programs were surveyed about NCAA rules violations.  Only 684 students agreed to participate.  25% reported that they gambled on college sports events other than their own while in college.  Four percent admitted that they wagered on games in which they had played, and three of the athletes (0.4%) said they changed the outcome of the game in which they participated (Cullen, 1996, p. 8).  Related research examining gambling behavior among general undergraduate populations asked specifically about sports betting.  A recent study surveyed 1,770 students from three Minnesota campuses.  The percentage of students who have ever engaged and who regularly engage in sports betting were strikingly similar to the previous studies.  Both the NCAA study and the Minnesota study also found that male undergraduates participate significantly more in sports betting that female athletes (NCAA, 1999, p. 8).   

     Bill Saum, Director of Agent and Gambling Activities for the NCAA spoke with me concerning the epidemic of gambling on college campuses.  He cites a number of reasons why sports wagering has taken off among college students and student athletes.

·        There are many more televised games.  People like to bet on what they can watch.

·        Many residence halls are wired for Internet access, and college students have wide access to computers.  The Internet gives them the opportunity to bet from the privacy of their own rooms.  The use of the Internet for sports betting is an important aspect in the investigation of sports wagering and will be examined later in this paper.

·        College student’s access to credit is at an all-time high.  Mr. Saum cited a recent survey of students who applied for loans which found that 65% have credit cards, 20% have four or more credit cards, and the average credit card balance is more than $2,200.

·        An overabundance of information on sports handicapping is also available to students.  Newspapers around the nation publish the daily point-spreads and also run advertisements for sports touts.  There is usually a 1-800 or 1-900 number to call to listen to a recording of picks of sports teams that are “guaranteed” to beat the published spread (W. Saum, teleconference communication, February 22, 2001). 

     Athletics is part of campus life from intramurals to big time collegiate competition.  At a lot of universities, the school and surrounding community may revolve around a successful sports program.  Little do administrators know that it may also revolve around gambling activities.  In fact, a lot of the emotion attached to college sports is an outgrowth of excessive wagering.  Yet, all of the illegal sports wagering in this country is conducted with much the same acceptance as jaywalking: it’s not right, but nobody gets hurt.

 

 

 

 

 

 

 

CHAPTER FOUR: NATIONAL COLLEGIATE

ATHLETIC ASSOCIATION

BACKGROUND AND PURPOSE

     The National Collegiate Athletic Association (NCAA), formed in 1906, is a nonprofit, voluntary association of more than 1,200 colleges, universities, conferences, and organizations charged with the administration of intercollegiate athletics.  Interestingly, the NCAA began at the encouragement of President Theodore Roosevelt to curb the numerous injuries and deaths that were occurring from the “gang tackle” performed in collegiate football.  The sport faced extinction from college campuses if not reformed and governed.  In 1906, New York University Chancellor Henry M. MacCracken formed the Intercollegiate Athletic Association of the United States (IAAUS).  Later renamed the National Collegiate Athletic Association, the thirteen member institution became the official discussion group and rule-making body for collegiate athletics.  Today, the membership is divided into three legislative and competitive divisions, and the NCAA annually sponsors 81 national championships in 22 sports. 

     The organizational structure of the National Collegiate Athletic Association is set up in a hierarchical arrangement.  The Association’s Executive Committee is the highest governing body within the NCAA and is composed of institutional chief executive officers that oversee Association-wide issues.  The Executive Committee is charged with ensuring that each division operates consistently within the basic purposes, fundamental policies, and general principles of the Association.  All NCAA action is derived from the Association’s many Committees that answer directly to the Executive Committee.  The NCAA has distributed its 1,038 member schools into three different divisions, based on school and program size.  Division I-A contains the largest schools and conferences around the country; smaller schools are distributed down to Div. II and Div. III, respectively.  All of the legal sports betting that occurs in Nevada are among Division I-A institutions.  However, it is not uncommon for some of the larger sports books to take wagers on significant match-ups, such as the Division II-A Football Championship or Division III-A Basketball Championship.  This same system holds true for women’s athletics.  Limited legal sports wagering occurs on athletic events involving collegiate women.  When there is a notable contest (i.e. University of Tennessee versus University of Connecticut in women’s basketball) or championship event only particular sports books will entertain the betting public with a “posting” of the event.   

    

THE NCAA AND GAMBLING/SPORTS WAGERING

     The National Collegiate Athletic Association animatedly condemns any and all gambling or wagering activity, illegal or not.  The NCAA has not addressed the subject of gambling and the dangers associated it until relatively late in it’s almost one hundred year existence.  It wasn’t until 1996 that the NCAA assigned a staff member to look into gambling issues on a full-time basis.  The NCAA did not denounce or sincerely recognize the subjects of college basketball tournament pools and friendly wagers among fans until that same year.  Moreover, despite the plethora of NCAA rules, there wasn’t one that made it illegal for coaches to gamble on sports until 1996.  The NCAA first addressed the problem in 1980 when it formed the NCAA Committee on Gambling.  In the years to follow it constructed numerous resolutions asking its membership to take a strong anti-gambling stand.  At the time, the NCAA recognized that gambling on college sports was on the rise dramatically and, as a result, the opportunity for corruption was greater.     

     In 1983, The NCAA established a number of legislative initiatives regarding gambling and college sports wagering.  Resolutions adopted by the NCAA Executive Committee called for athletes to be suspended if observed consorting with known gamblers, for member institutions to cooperate more fully with the NCAA anti-gambling task force, as well as for schools to refrain from cooperating with publications that depend on pre-event publication of point spreads for revenue.  Up until 1983, strong measures such as these failed in other committees for lack of interest.

     According to the NCAA, “the explosive growth of gambling has caused a noticeable increase in the number of sports wagering-related cases processed by the NCAA enforcement and student-athlete reinstatement staffs in Division I, II and III and threatens the integrity of college sports (NCAA Official Website).”  Today, the National Collegiate Athletic Association has established a clear and concise policy on gambling.  This information is contained in the NCAA’s, Sports Wagering Information Packet, published for the 1999 – 2000 season.  Selections on the NCAA position on gambling and Bylaw 10.3, including recent interpretations, are as follows.

NCAA Position on Gambling

The NCAA opposes all forms of legal and illegal wagering.  Sports wagering has the potential to undermine the integrity of sports contests and jeopardizes the welfare of student-athletes and the intercollegiate athletics community.  Sports wagering demeans the competition and competitors alike by a message that is contrary to the purposes and meaning of “sport.”  Sports competition should be appreciated for the inherent benefits related to participation of student-athletes, coaches and institutions in fair contests, not the amount of money wagered on the outcome of the competition (NCAA, 1999, p. 3).

     For these reasons, the NCAA membership has adopted specific rules prohibiting athletic department staff members and student-athletes from engaging in gambling activities in relation to intercollegiate or professional sporting events.  The NCAA Position on Gambling was approved by the NCAA Administration Committee on March 19, 1997.  NCAA institutions are encouraged to publish the NCAA Position on Gambling in game programs, alumni newsletters, and employee and student-athlete handbooks.

 

NCAA Bylaw 10.3: Gambling Activities

Staff members of a member conference, staff members of the athletics department of a member institution and student-athletes shall not knowingly: (Revised: 4/22/98 effective 8/1/98)

(a)   Provide information to individuals involved in organized gambling activities concerning intercollegiate athletics competition;

(b)  Solicit a bet on any intercollegiate team:

(c)   Accept a bet on any team representing this institution;

(d)  Solicit or accept a bet on any intercollegiate competition for any item (e.g., cash, shirt, dinner) that has tangible value; or (Revised: 9/15/97)

(e)   Participate in any gambling activity that involves intercollegiate athletics, through a bookmaker, a parlay card or any other method employed by organized gambling. (Revised: 1/9/96, 1/14/97 effective 8/1/97)

The following official interpretations/confirmations also relate to gambling activities:

· Soliciting or accepting a bet for a material item: The provisions of NCAA Bylaw 10.3 preclude a student-athlete from soliciting or accepting a bet for a nonmonetary material item (e.g., shirt, dinner) that has tangible value.  The Interpretations Committee noted, however, that institutions that compete against each other may agree to participate for a tangible item (e.g., governors cup), provided no student-athletes receive any tangible item.

 

· Gambling on professional sports contest: The prohibition against student-athletes and athletics department staff members participating in gambling activities associated with professional sports events is applicable only to those sports in which the Association conducts championship competition, Division I-A football and emerging sports.  Accordingly, the provisions of Bylaw 10.3 do not apply to other types of sports wagering (e.g., horse racing, auto racing, boxing).

 

· Printing of point spread information in institutional publications: According to the provisions of Bylaw 12.01.2 (line of demarcation), it would not be permissible for a member institution to publish in its game program an advertisement that provides specific point spread information regarding professional sports contests. 

 

· Long-standing Tradition: The provisions of NCAA Bylaw 10.3 are not applicable to a long-standing demonstrated tradition in a particular sport in which student-athletes from involved institutions exchange a tangible (e.g., exchanging of shirts in the sport of rowing) contingent on the outcome of a competition, provided such activity is approved by the involved institutions. [Reference: 10.3 (gambling activities) and NCAA Interpretations Committee 11/26/96, Item No. 10] (NCAA, 1999, pp. 4-5).

     Like many organizations in the United States, the NCAA has a clear, direct policy regarding gambling.  The NCAA is explicit in its wording; they prohibit any form of legal or illegal sports wagering.  The motivations behind the NCAA’s stance on the sports betting issue are as clear as their policy.  Sports betting has the potential to undermine the integrity of sports contests and jeopardize the welfare of the student-athlete and the intercollegiate athletics community.  The NCAA’s Bill Saum in his March 2, 2001 testimony before the Judiciary Committee of the Nevada State Assembly said, “the influence of sports wagering is far reaching, and sports organizations continually live in fear that sports wagering will infiltrate and undermine the contest itself (Saum, 3/2/01, p. 2).”  The NCAA in its hopes to thwart gambling among its members and betting on their institutions has turned to education as their best mechanism to combat this activity.  The NCAA sponsors educational programs that provide assistance to campus administrators to conduct sports wagering workshops.  They also broadcast anti-sports wagering commercials and announcements during college bowl season and “March Madness.”  The NCAA in its efforts to curb gambling has adopted a number of initiatives aimed at the problem this past year, the NCAA has:

·        Distributed “Don’t Bet on It” sports wagering educational booklets to all NCAA member institutions.  This simple to read publication educates the students about the dangers of sports wagering and acquaints them with good financial management information.

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