Making a Mountain out of a Mogul: Jeremy Bloom v. NCAA and Unjustified Denial of Compensation under NCAA Amateurism Rules
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n 2001, Jeremy Bloom postponed one childhood
dream to pursue another when he deferred enrolling at the
University of Colorado at Boulder (hereinafter CU) on a
football scholarship in order to train and compete in the 2002
Winter Olympics.' In 2002, before arriving at CU, Jeremy
became the World Cup champion in freestyle moguls skiing
and the youngest person ever to be ranked number one in
freestyle moguls? Before enrolling at CU, Bloom acquired
endorsement contracts with Dynastar, Oakley, and Under
Armour, for which he was paid to use the manufacturers'
equipment, goggles, and apparel.3 The endorsements enable
Bloom to earn a comfortable living and to support the costs
associated with a professional skiing career. I
As a freshman at CU,Jeremy Bloom, a wide receiver
and punt-return specialist, had a 94-yard reception which was
the longest in school history and an 80-yard punt return
against Oklahoma in the 2002 Big 12 championship game.5
Bloom studies Communications and hopes to pursue a career
as a television and movie performer.6 He also has a modeling
contract with clothing designerTommy Hilfiger and acquired
on-camera acting positions with Nickelodeon and Music
Television (MTV), which provide valuable opportunities to
realize his career goals.7
The only thing standing between Jeremy Bloom and
a multifaceted success story are the National Collegiate
Athletic Association's [hereinafter NCAA] amateurism
rules. NCAA rules provide that a student forfeits eligibility
by violating any regulations related to amateurism in Article
12 of the NCAA Division I Manual.8 The NCAA's Athletics
Reputation Rule prohibits forms of compensation to student-
athletes resulting from: publicity, reputation, fame, or
personal following that he or she has obtained because of
athletics ability.9 In Bloom's case, the NCAA demonstrated
its unwillingness to distinguish between the legitimate income
of a professional athlete and the amateur status of a student-
athlete. The NCAA's interpretation of athletics ability as it
relates to pre-enrollment promotional activities and
compensation in general, reveals the NCAA's inability to
respond to a unique situation.
In essence,the NCAA has determined that, in order
to remain eligible for football at CU, Bloom must forfeit the
endorsements and modeling contracts he acquired as a
professional skier, and, in doing so, jeopardize a potentially
illustrious professional skiing and acting career. Bloom's case
highlights the injustice and hypocrisy of the NCAA's
amateurism rules and enforcement mechanisms. While the
NCAA increasingly allows the exploitation of student-
athletes, it haphazardly asserts amateurism rules to preclude
legitimate professional opportunities for student-athletes.
This Note argues that the NCAA's interpretation of
the amateurism provisions of the NCAA Division I Manual,
with respect to Jeremy Bloom, is unreasonable, particularly in
light of the NCAA's treatment of other dual-sport
professional athletes. Consequently, the NCAA should create](ViewImageLocal?handle=hein.journals/vanep6&div=6&collection=&method=preview&ext=.png&size=3)
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Making a Mountain out of a Mogul: Jeremy Bloom v. NCAA and Unjustified Denial of Compensation under NCAA Amateurism Rules
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