Florida State University is a publicly funded entity of the Florida university system. Founded in 1851, the school grew from modest beginnings to more than 42,000 students. Though the school has graduated an amazing number of students in all disciplines and athletes in all sports, we cannot forget that huge chunks of its funding are supported by “you and me,” the taxpayers. Therein lies the ethical problem that many people are currently having with the university. Yes, but is it Good for the Athletes?
Transparency?
Florida States University has established a private organization that will now be running its athletic department. This move was first announced by the Orlando Sentinel on June 8, 2019 [my italics]:
“Florida State University is privatizing its athletics department, shielding it from public-records requests and treating it like a corporation rather than a traditional state university department.
The school touted the move as an opportunity to streamline the relationship between the athletics department and Seminoles Booster, Inc., the fundraising arm of the athletics department. The change alters a set-up that gave a booster group an unusually prominent role in fundraising for an athletic department, granting considerable power to a third-party group.”
Though the university has no intention of changing its publicly funded status, the new organization will essentially seal off any scrutiny of the athletics department such as an examination of its previous public records.
Anyone who has followed the good, bad and ugly of the FSU athletics program is all too painfully aware of controversies within the athletic department up to and including sexual abuse, payoffs, and scandals involving players and agency representatives. Previously, a crime or impropriety at FSU of this sort has had to be brought to light. Now, with the creation of the private unit, the athletic department (with the blessings of the university) has no obligation to answer any media or citizen request for records.
While a situation that requires law enforcement will be brought to light by virtue of the response to a crime, details surrounding many of the aspects of that crime may be answered by, “It’s none of your damn business.”
Yes, but is it Good for the Athletes?
Prior to the creation of this entity, the athletic department was legally immune to any financial damages against them to the tune of $200,000. According to the Orlando Sentinel, “Anything higher would have to be approved by the state legislature because it’d be paid by the taxpayers. Obviously, that’s not a perk a private corporation normally enjoys.”
As the department goes private, there is no requirement for the school to be transparent.
“Under this arrangement, not only would Florida State’s athletic leadership not have to be transparent in the event of a scandal or tragedy…but there also would be an artificial cap on the judicial consequences for their actions.”
The real losers here are the athletes. The private FSU entity, unlike an “open” athletic department, is not under the same scrutiny. They can settle behind closed doors and no one, especially the public, will see the details. The privilege of FSU kicking it up to the state may be lost, but the entire situation will be hidden from view.
However, it can go far beyond the activities of a publicly funded entity becoming hidden. Booster money and perks, kickbacks or recruiting irregularities can be more secretive. In-departmental discipline and even internal investigations can be obfuscated.
The privatization trend is almost anti-ethical and by no means is FSU alone. Other universities are seizing on this idea. This creates a wall around departments and further separates collegiate athletics from colleges. The FSU administration may tout this action as making the activities of the athletic department more streamlined, but I have yet to hear how ethical boundaries might be enforced.
