It is not surprising that some of our colleagues have joined us this morning. I am very pleased to recognize the distinguished senior Senator from the State of Minnesota, the Honorable Wendell Anderson, and the very fine and very able colleague from that State, the Honorable Bruce Vento.

Gentlemen, we are pleased to have you.

Senator, do you have any statement at this time?

STATEMENT OF HON. WENDELL ANDERSON, A U.S. SENATOR FROM THE STATE OF MINNESOTA

Senator ANDERSON. Yes, I do, Mr. Chairman.

Mr. Chairman, I wanted to be here for a number of reasons. The first was to welcome these outstanding young athletes, the president, the athletic director, and the president's assistant, Mr. Kegler, here to Washington. Secondly, I have had a long, close relationship with the University of Minnesota. It goes back nearly 30 years. I was a student there for 8 years. I was an athlete. As a state legislator for 12 years, I served on the appropriations commitees that had a great deal to do with the university. I served 6 years as governor.

I would like to share with the members of the committee, if I might, a couple of points. I must tell the members of the committee that when I was an athlete at the University of Minnesota, it was traditional in the Big Ten, and I think traditional across the country, that if there was an athletic event that was sold out it was commonplace, whether you were at the University of Minnesota, Wisconsin, Michigan, Ohio State, or wherever it might be, if you were an athlete you were given a couple of complimentary tickets. We would often make these available to members of the general public. We received money in return, a small amount.

I was amazed to read that a number of young athletes at the University of Minnesota have been severely penalized for conducting themselves in a way that was so traditional throughout the country. It was a practice that I had employed when I was a student and an athlete myself.

I was amazed to discover that a young athlete was being punished because he had been invited to someone's vacation home for Christmas dinner. We have a gentleman here who was actually punished because he was invited to somebody's house for Christmas dinner, and the coach was the intervener. The coach made sure that this young athlete received that invitation so he would not spend Christmas in the dormitory.

I did not realize back in 1952 when my hockey coach, John Mariucci asked me to invite one of my teammates to my house for Thanksgiving, which we did, that I was in violation of some NCAA rule.

I am here to cleanse my soul, to make a public confession. I just wanted Mychal Thompson, Dave Winey, and Flip Saunders to know that I would like to think they are in good company.

If there are people who are employed by the NCAA who feel that when an NCAA basketball tournament goes on that there will be no tickets sold for a new market value, then I have some uranium stock I would like to sell to them.

The University's athletic director, Paul Giel, is a very close friend of mine. We started at the university in 1950. We graduated at the same time.

I think he would agree with me that although this business that is now referred to as scalping was just a minor occurrence, not on a major scale, it was traditional for a person who got two or four tickets to make them available to members of the general public. I knew that if I needed tickets all I had to do was park myself at Memorial Stadium on Friday afternoon and, when the Ohio State or Michigan football team showed up to have a little workout at Memorial Stadium, all I had to do was stand right by the bus when the players got off and I would ask if they had any tickets. There would always be tickets available.

I think that practice is wrong. I think the University of Minnesota deserves to be penalized for the conduct that occurred there in the basketball program. However, when you go a step further and you are going to penalize the young athletes for doing what has been done for years and years and continues to be done in most parts of this country, then I think that is wrong.

I think the NCAA has to understand when they start penalizing young people the way they have, they leave a scar there that lasts forever.

I must say that I think the NCAA makes Common Cause and Ralph Nader look like old politics. They just have gone too far.

I wanted to come in here and make my statement and mention what the custom of the trade was in Minnesota in the 1950's, 1960's, and early 1970's, and what the practice is, I think, in the Big Ten, in Texas, in Alabama, at Notre Dame, and all those other places today.

I believe these young men have been unduly punished. I would hope that this committee and others would try to demonstrate to them that they have been treated unfairly and hopefully it will not happen in the future.

Thank you very much.

Mr. Moss. Thank you, Senator.

Now I would like to recognize a colleague and associate who has been extremely supportive of this inquiry. He is one of the original Members of the House who urged that the inquiry be undertaken. That is Congressman Bruce Vento.

STATEMENT OF HON. BRUCE VENTO, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MINNESOTA

Mr. VENTO. Thank you, Mr. Chairman.

When we began this investigation last fall, it was not completely without criticism and skepticism from some sources. The subcommittee was accused of blatant opportunism in tackling the NCAA. It was said that we were on a "witch hunt" instigated by members whose districts include schools that have been in trouble with the NCAA. And we were warned that innocent players and schools would be hurt when the NCAA files were opened to investigation.

I think you, Mr. Chairman, and members of the committee have proved all these critics and skeptics wrong. The subcommittee's investigation, their handling of sensitive information and issues, has been without blemish. They have conducted this investigation at all times with dignity, professionalism, and impeccable judgment. Congressman John Moss, the other members of the subcommittee, and the subcommittee staff should be highly commended; I certainly do

So.

The fact that 68 Members of Congress form 33 States supported this investigation shows how seriously it is viewed. These members share with Congressman Jim Santini and me a belief that there are important, fundamental issues at stake here, issues that go beyond one missed game or a coach's alleged indiscretions.

Today as witnesses from the University of Minnesota testify, these issues will become clearer. For example, does a student give up his constitutional rights when he becomes an athlete? Should student athletes be governed by regulations which are vague, nebulous, and contradictory, and by procedures which violate their rights?

Should student athletes have to play by different rules than other students? Is a student athlete being denied an integral part of his college experience because his relationship with his coach-teacher is severely restricted? And finally, is it fair to punish all the student athletes in a school because of the alleged rule violations of a handful?

I think you will agree, after hearing the testimony of Dr. Peter Magrath and other Minnesota officials, that their concern goes beyond their specific experience with one or two NCAA officials. They are not here to crucify the NCAA. They are concerned, as we all are, about the whole system of controlling intercollegiate sports and how we can prevent the abuses that have occurred in the past.

The testimony before this subcommittee at the initial hearings last month was surprising. We are dealing with an organization which enjoys a unique control over the fate of students and member institutions. The NCAA has served as the prosecutor, judge, and jury for accused violators. It has been accused before this subcommittee of using what amounts to totalitarian tactics in its procedures, of resorting to intimidation, subterfuge, reprisals, and a blatant disregard for the rights of due process to achieve its goals.

These are very serious charges which require careful thought and analysis. The subcommittee will have to ask tough questions of the NCAA officials when they appear.

The congressional function of investigation and review is an important one. By holding the NCAA's action up for public review, this subcommittee can bring about needed changes.

Ideally, these changes will come from the NCAA itself. We would prefer to have the NCAA review its policies and make needed reforms from within.

But the reforms must be substantive and deal with the specific issues brought up during these hearings. Lip service and glib sloganism won't do. There's too much at stake. The NCAA will have to demonstrate that the reforms it makes establish sufficient safeguards to protect those who haven't been protected before.

And what if selfreform doesn't come? I would certainly not hesitate to pursue legislation to accomplish this goal or encourage it. With me today, as you noted, Mr. Chairman, is Senator Wendell Anderson. The one point he didn't make is that Senator Anderson was an outstanding athlete at the University of Minnesota and an olympic hockey player. He is one of the great leaders from our State, both in his performance at the University of Minnesota and as former Governor when some of these charges were brought.

Dr. Peter Magrath was not at the university at that time. In fact, he is a former president of the State University of New York at Binghamton.

Stanley Kegler was the institutional representative and vice president at that time. He did much of the dealing with the NCAA and tried to work out the differences. He has a prepared statement along with Dr. Magrath this morning.

Paul Giel is a two time all-American in two sports and a natural selection for an athletic director of the University of Minnesota. He is a great asset to our State.

We have two senior basketball players, Mychal Thompson and Dave Winey. Most of you know Mychal Thompson because of his allAmerican record as an outstanding athlete that was affected by the actions of the NCAA.

Of course, Congressman, Ron Mottl wanted to be here to introduce Phillip Saunders but he was fogged in. Ron regrets that. Flip Saunders from Cleveland played at the University of Minnesota during this period of time and now is teaching at the Golden Valley Lutheran College in Minnesota.

Reed Larson is a former student of Minnesota, where I taught school, and is now with the Detroit Red Wings and was also affected by NCAA action.

Ron Simon, his attorney, as you noted, Mr. Chairman, is with him. Of course, John Nichols is also here. He is currently at Penn State but was at the University of Minnesota. He is available to answer questions.

I will be available, Mr. Chairman, and all of us will be to respond to your questions.

We look forward to this day of hearings.

Mr. Moss. Thank you.

Mr. Santini.

Mr. SANTINI. I have no questions. I first wanted to make the point regarding the contribution of Mr. Vento. If it had not been for people like Mr. Vento and his willingness to share in this effort to proceed to an investigation that had never been conducted anywhere in this country, let alone before a major committee of the House of Representatives, this investigation would not have gotten off the ground.

I appreciate the reinforcement that he offered at that critical stage of decisionmaking.

Mr. VENTO. Thank you very much, Mr. Santini.

Mr. Moss. That was very critical to having hearings because the Chair was extremely reluctant to undertake additional assignments for this subcommittee. It has a very busy schedule. However, when

68 members of the House urge an action, there appears to be suffi cient ground for any committee of the Congress to move to determine whether hearings should be held. As we have moved, we have determined that the hearings must go forward, and of course they will.

At this time I would like to ask that the following stand and take the oath Dr. Peter Magrath, Dr. Stanley Kegler, Mr. Paul Giel, Mr. Mychal Thompson, Mr. David Winey, and Mr. Phillip Saunders. Do you solemnly swear the testimony you are about to give this subcommittee shall be the truth, the whole truth, and nothing but the truth, so help you God?

Dr. MAGRATH. I do.

Dr. KEGLER. I do.

Mr. GIEL. I do.

Mr. THOMPSON. I do.

Mr. WINEY. I do.

Mr. SAUNDERS. I do.

Mr. Moss. At this time the Chair recognizes Dr. Magrath.
Please proceed.

TESTIMONY OF DR. C. PETER MAGRATH, PRESIDENT, UNIVERSITY
OF MINNESOTA, AND DR. STANLEY B. KEGLER, VICE PRESIDENT,
UNIVERSITY OF MINNESOTA, ACCOMPANIED BY PAUL GIEL,
ATHLETIC DIRECTOR, UNIVERSITY OF MINNESOTA; MYCHAL
THOMPSON, STUDENT-ATHLETE, UNIVERSITY OF MINNESOTA;
DAVID WINEY, STUDENT-ATHLETE, UNIVERSITY OF MINNE-
SOTA; AND PHILLIP SAUNDERS, FORMER STUDENT-ATHLETE,
UNIVERSITY OF MINNESOTA, PRESENTLY BASKETBALL COACH,
GOLDEN VALLEY LUTHERAN COLLEGE

Dr. MAGRATH. Mr. Chairman and members of the subcommittee, my colleagues and I appreciate the opportunity to appear before you this morning and to share with you some of our thoughts and experiences regarding the National Collegiate Athletic Association and, in particular, the University of Minnesota's much-publicized struggle with that organization. In my opinion, your decision to conduct these investigative hearings is both appropriate and timely. It would be all too easy for Congress, as you alluded to, to conclude that there are more pressing issues that demand attention, or that this subcommittee should ignore the sensitive field of inquiry which you have undertaken. In facts, that is precisely what some critics have argued ever since these hearings were first announced. However, I disagree with those individuals who impugn either the motivations of Congress or the appropriateness of your investigation. As a political scientist and a former professor of constitutional law, I place a very high value on the congressional function of investigating, reviewing, and airing issues of public concern. Clearly, such issues are raised by the enormous power and questionable practices of the NCAA, and it is time, I maintain, to submit those powers and practices to the public scrutiny through congressional hearings.