The NCAA is under scrutiny from legal challenges that could force major changes in how college athletes are compensated. As battles over employment status heat up, the potential for billion-dollar settlements looms. The NCAA pushes for protective federal laws in a desperate move to keep in control of the situation which could have disastrous financial repercussions.
Potential NCAA Settlement
The NCAA and major college conferences are contemplating a settlement in an antitrust lawsuit that could impose billions in damages and compel schools to distribute athletics-related revenue with their athletes. If this new model for collegiate sports is developed, it might require legislative support to prevent athletes from being classified as employees.
Financial Implications for Conferences
According to insiders, the NCAA might agree to pay $2.9 billion over a decade to settle the class-action lawsuit set for trial in January. Annually, schools from the Big Ten, Big 12, Atlantic Coast, and Southeastern Conferences might each face about $30 million in liabilities, including roughly $20 million directed towards athletes.
Confidential Settlement Talks
Details of the settlement talks remain confidential, with sources emphasizing that a deal has not yet been reached. Any proposed settlement would need approval from the NCAA board of governors and the leadership of the involved conferences.
Judicial Oversight
U.S. District Judge Claudia Wilken, known for ruling on high-profile antitrust cases against the NCAA, has directed both parties to negotiate a settlement. This directive followed a strategic meeting between NCAA and conference officials in Dallas, aiming to formulate a viable settlement plan.
Silence from Conference Leaders
Big 12 Commissioner Brett Yormark recently avoided discussing potential settlements or related meetings after concluding conference discussions in Arizona. His reticence highlights the sensitivity and complexity of the ongoing negotiations.
Strategic Settlement Considerations
Many college sports administrators privately acknowledge that settling the House lawsuit might be the most prudent approach. Initiated by former Arizona State swimmer Grant House, the lawsuit argues for athletes’ rights to a share of the substantial media rights revenues accrued since 2016.
Continuing Legal Challenges
The NCAA continues to face multiple antitrust lawsuits concerning compensation and transfer rules, with the House case prompting significant legal and public relations strategies. Legal filings suggest potential damages of $1.4 billion, which could triple if the plaintiffs prevail.
Seeking Congressional Support
For years, the NCAA and collegiate sports leaders have lobbied Congress for a federal law to regulate Name, Image, and Likeness (NIL) compensation, but progress has been slow. Recently, NCAA President Charlie Baker has pivoted towards efforts to prevent college athletes from being classified as employees.
Legal Challenges and Federal Protection
Even if a settlement in the House lawsuit and a new revenue-sharing plan are implemented, the NCAA and major conferences might still require federal legislation or antitrust protection to fend off further legal challenges. Meanwhile, a separate antitrust lawsuit in Pennsylvania continues to explore the employment status of college athletes.
Strategic Legal Options
Tulane sports law professor Gabe Feldman outlines three legal strategies for the NCAA: lobbying Congress, recognizing athletes as employees for collective bargaining, or operating within more legally defensible parameters. Feldman notes the ongoing possibility for the NCAA to adapt in order to either withstand litigation or enhance support for federal intervention.
Antitrust Exemption and Legal Hurdles
Feldman warns that any federal law denying employment status to college athletes could be challenged in court unless the NCAA and conferences secure an antitrust exemption from Congress. He highlights the difficulty in convincing Congress to safeguard practices viewed by many as exploitative.
Unionization and Labor Relations
A significant development from a National Labor Relations Board regional director has recently enabled Dartmouth men’s basketball players to consider unionizing, a move the school is contesting. This decision could set a precedent for athletes seeking greater compensation and rights.
Revenue-Sharing and Compensation Innovations
The inevitability of some form of revenue-sharing or enhanced athlete compensation beyond scholarships is becoming clear. In December, Baker proposed a new Division I tier requiring schools to establish $30,000 trust funds for at least half their athletes and suggested integrating NIL activities internally.
Toward Paying College Athletes
Although Baker’s proposal for a revamped Division I structure has been largely set aside, the notion of schools optionally compensating athletes is gaining traction. This movement reflects a growing consensus on the need for fairer treatment and compensation for collegiate athletes.
