On October 25, 2019, the National Collegiate Athletic Association (“NCAA”) unanimously voted to begin changing the rule to allow colleges athletes to profit off their name, image, and likeness. This progressive move is a big deal for the organization, which has previously kept an extremely firm line between amateurism and professionalism for their athletes. Despite opposition by some to change the current model, public opinion is strongly in favor of these types of changes.
On September 30, 2019, California signed into law the biggest change to college athletics in the modern era of the National Collegiate Athletic Association (“NCAA”). Senate Bill 206 will allow college athletes to profit from the use of their name, image, and likeness, as well as protect the athletes from sanctions by the NCAA for violations stemming from the profits. One of college athletics’ core tenants has been the amateurism of their athletes and the emphasis on scholarship. This monumental change will have far reaching and lasting impact on college athletics and may disrupt the whole system as we know it.
In February, California State Senators Nancy Skinner and Steven Bradford presented SB-206, titled the Fair Pay to Play Act, to the California State Senate. Founded on the principle of amateurism, which prohibits paying participants, the NCAA has never allowed intercollegiate student-athletes to earn any form of compensation. This bill seeks to end that prohibition in California and provide student-athletes the rights to their names, images, or likenesses (NIL). In May, the State Senate voted in favor of the bill, 31-5. After the necessary committees reviewed and amended the bill, the State Assembly unanimously passed the Fair Pay to Play Act in a 72-0 vote. Due to the changes, the amended bill went back to the State Senate, where it was unanimously approved, 39-0, on September 11. Governor Gavin Newsom has 30 days to sign, veto, or take no action and allow the bill to become law.
In March 2019, charges were brought against a number of National College Athletic Association (“NCAA”) athletic department personnel. These officials were found partaking in a fraudulent scheme which allowed affluent young adults to gain admission to elite universities under false pretenses, like fake test scores and phony athletic prowess. The actions of these athletic directors and coaches call into question the effectiveness of the NCAA monitoring and reporting methods to combat misuse and abuse of the athletic system. The NCAA and their institutions must learn from this most recent scandal to identify the problems in athletic compliance that allowed this fraud.
For the National Collegiate Athletic Association (NCAA), March is supposed to be a showcase of the best about college sports, and the ideals the NCAA claims up uphold. March is about student-athletes representing their schools, in a tournament full of upsets, uplifting stories, and some of the more dramatic moments in sports. However, this March, the spectacle of March Madness is overshadowed by headlines of criminal conduct, corruption, rules violations, and plenty of criticism for the NCAA. While many of these stories are just beginning to unfold, there are several ethical and compliance issues raised, which have application to all areas of compliance.
NCAA regulation is highly restrictive of the compensation of amateur athletes. Recent class actions have challenged the equity of such policies in light of the high levels of revenue generated by the organization and schools. Challenges to NCAA regulation may provide student-athletes greater ability to negotiate their compensation and to make money independently.
The NCAA has focused on gender equality in intercollegiate athletics by complying with federal and state laws and establishing an inclusive environment free of gender bias. This article outlines some of the challenges colleges face in maintaining compliance with these laws.
Meghan Murphy Associate Editor Loyola University Chicago School of Law, JD 2018 In January 2017, Connecticut joined the list of states seeking to implement new safety protections for their student-athletes by proposing a new bill, No. 6870, establishing an athletic protection commission. While the law might be appealing on paper, both the NCAA and …
Morgan Slade Associate Editor Loyola University Chicago School of Law, JD 2017 The National Collegiate Athletic Association (NCAA) has consistently monitored, regulated and investigated scholarship money given to college football players through eligibility regulations. While these scholarships are meant to be a form of financial freedom to players, abiding by NCAA compliance rules imposes …
Gilbert Carrillo Executive Editor Loyola University Chicago School of Law, JD 2017 The National Collegiate Athletic Association (“NCAA”) is a non-profit organization that regulates athletes in over 1,200 institutions, associations and conferences. The NCAA also organizes many of the athletic programs of its member schools. The amount of members in the NCAA requires rules …