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NCAA is a privately held organization with close to 1,000 public and private universities and four-year colleges. The NCAA's policies are determined by the members at annual conventions. While its members included state funded universities and NCAA's decisions may impact the government's interest towards its citizens which could possibly provide an argument that NCAA is a state actor, NCAA rules and regulations are passed by its members which members also include non-public universities. Also, if an university or college is not a NCAA's member, it is not required to abide by NCAA's rules which is not the case with true state actors.
We could find a very similar case in Brentwood Academy v. Tennessee Secondary School Athletic Association, 531 U.S. 288 (2001). Here, the Tennessee Secondary School Athletic Association (TSSAA), a non-profit membership corporation, fined Brentwood Academy $3,000 for contacting student athletes prior to their official enrollment and placed the school on four years' probation and banned it from participating in state playoff games for two years. This case went to the Supreme Court which found (5-4) the actions of the TSSAA as "state action."
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