Calling for the End of the NCAA

Critics have been calling for and predicting the end of the National Collegiate Athletic Association, better known as the NCAA, for many years and for various reasons. Most recently, with the United States Supreme Court unanimously ruling the NCAA can no longer attempt to preserve the amateurism of college athletes by limiting educational benefits, which ushered in Name, Image, and Likeness deals (“NIL”), those critics are screaming the time is now.

The NCAA is a member-led organization founded in 1906, dedicated to the well-being and success of college athletes. Every year, nearly 500,000 athletes in 1,100 NCAA member schools are awarded approximately $3.5 billion dollars in scholarship by these schools. The NCAA office oversees all championships, manages programs for the benefit of student athletes and offer support to member committees that make rules and policies for college sports.

Why are critics screaming the time is now? For many, it centers around the NCAA dropping the ball on NIL. In July of 2021, the NCAA was forced to allow college athletes to monetize their name, image, and likeness rights and with such a seismic shift, the NCAA offered a very limited set of rules and restrictions. The main NCAA restriction on NIL are schools are prohibited from “pay for play and improper recruiting inducements.” The NCAA then passed the buck hoping Congress would intervene to create a comprehensive system of rules. This was irresponsible and basically, overnight, caused NIL to become a free for all. As a result, states started passing laws with a lack of uniformity and many states took no action, leaving schools and divisions to make it up as they went along. In no uncertain terms, the NCAA turned a blind eye and abandoned its obligation to lead and protect member schools and athletes.

NIL has drastically changed the landscape of college athletics and how athletes choose where they enroll for college. Athletes are now making big money using their NIL in advertisements, social media posts, product endorsements, autographs, apparel, corporate partnerships with new ideas and opportunities happening daily. NIL collectives formed immediately, asking fans for monthly subscriptions to pay athletes under the cover of NIL deals. Many athletes have hired professional service providers for NIL activities and are signing unregulated deals for thousands, even millions of dollars.

Another beast the NCAA created without enforced guardrails, which has become synonymous with NIL, is the transfer portal. What was once meant to allow an athlete to transfer on one occasion with immediate eligibility has become a free agency where major recruits transfer to take advantage of better NIL deals.  Heather Lyke, the AD at University of Pittsburgh said, “It’s literally free agency, and there are no limits.”

Should athletes be paid for their NIL? Yes. Should the NCAA have created specific NCAA NIL guidelines and worked with Congress on federal legislation? Absolutely. Can the NCAA put controls and enforcement in place to prevent tampering with players and deals which pay them to leave? Now is the time to act. Will the NCAA continue to spiral out of control and ignore what many involved in college football are calling pay for play? The NCAA will appoint new leadership in 2023 with NCAA President Mark Emmert stepping down. With this new direction the NCAA must act immediately. It is time for the NCAA to fix the problems created with NIL and the transfer portal or perhaps the end of the NCAA is now closer than ever. As the old saying goes, “even good things can become bad if they are excessive.”