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NCAA

NCAA Name, Image and Likeness Legislation Raises Concerns

On June 29, 2021, Illinois Governor J.B. Pritzker signed a bill into law that allows collegiate student-athletes to hire agents and sign endorsement deals effective as of  July 1, 2021. This bill puts Illinois among a number of states which have begun to pass legislation allowing student-athletes to receive payment for the use of their name, image, and likeness (“NIL”). While these laws open opportunities for student-athletes, they also present several potential challenges to the NCAA, the governing body for collegiate athletics in the United States, and its member institutions barring any Congressional assistance.

Altering Injuries: Loss of Scholarship to Long-Term Consequences

Athletic scholarships pave the way for student-athletes to attend the schools of their dreams, yet serious injuries can turn their dreams into nightmares, regardless of whether the injuries have immediate or future effects. In the relentless pursuit of illustrious professional league contracts and national championships, athletes may fail to get properly evaluated or be less inclined to accept being sidelined for what they perceive as minor, short-term injuries. The unwary athlete may find themselves losing their scholarship and suffering life-long consequences as a result. While the NCAA was established in 1906 for the purpose of protecting athletes from a trend of injuries and death in college football, the governing body has seemingly veered off course of prioritizing student-athlete welfare.

Can the Playing Field be Level? Transgender Athletes’ Participation in Sports

To ensure safety and the best experience for athletes to excel in sports, eligibility to play on certain teams and at varying levels of competition has long depended on individuals’ biological factors, the primary factor being sex. This established practice of separating sport participation by two categories, male and female based upon the sex assigned at birth is being reexamined, particularly as it relates to individuals who were born male, now identify as female, and desire to compete in women’s sport. The federal government, state governments, and sport governing bodies are addressing the matters presented by athletes who transition genders, with opposition by both sides of the issues seemingly being the only commonality.

Supreme Court to Make a Decision Regarding the NCAA’s Monopoly in Collegiate Athletics

The Supreme Court began hearing oral arguments in the matter of National Collegiate Athletic Association v. Alston, et al. on March 31st, 2021. After decades of controversy regarding what restrictions the National Collegiate Athletic Association (NCAA) should be allowed to place on their member universities to compensate their collegiate athletes, many antitrust experts hope that the Supreme Court’s decision will give a final decision on if the NCAA’s current regulations are a violation of Section 2 of the Sherman Act and if they are, are they still justified by the NCAA’s goals.

How Removing Cannabinoids from the NCAA Banned Substances List Benefits the Organization and the Players

As marijuana use has been legalized in some capacity in a majority of states, there remains a notable population who is still banned from its use: student athletes. However, recent recommendations to the National Collegiate Athletic Association (NCAA) means that change could be on the horizon for collegiate athletes. Earlier this summer, the NCAA Committee on Competitive Safeguards and Medical Aspects of Sports (CSMAS) signaled its support for removing cannabis from the banned substance list and drug-testing protocols for student athletes. On September 22, 2023 the committee officially recommended that all three NCAA divisional bodies adopt legislation to remove cannabinoids from the banned drug classes. The recommendation was based upon the conclusion at the Summit on Cannabinoids in College Athletics hosted by the NCAA last December. They concluded that cannabinoids are not considered to be performance-enhancing, and the current policy was found to be ineffective at prohibiting use, and better implemented by individual schools.

Protecting the Sport or Protecting the Person: Why NIL Deals for College Athletes Need Federal Regulation

Mayhem has ensued in the world of college sports since July 1, 2021, when college athletes could first benefit from their name, image, and likeness (NIL) based on an interim policy passed by the National Collegiate Athletic Association (NCAA). Chaos emerged after a number of states adopted policies regarding athlete’s name, image, and likeness. This forced the NCAA to pass a policy allowing such deals across the board, while stating in their release that the organization would continue to work with Congress to create a solution on the national level. However, two years later, no such solution has come to fruition, and in that time, states that have a large investment in the success of their college sports have been able to create or edit their legislation to benefit the performance of their teams.

Changing Sentiment Surrounding NCAA Regulation

  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.

Bracket Busted: NCAA Compliance the Clear Loser of March Madness

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 Scholarship Compliance: Financial Freedom or Financial Constraint?

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 …
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Reasons for an Athletics Compliance Department

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 …
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