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RE: So now that pay for play is 100% legal…who wins?
Posted on: May 26, 2024 at 09:48:07 CT
TennesseeTuxedo UT
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https://www.npr.org/2024/05/24/nx-s1-4978680/house-ncaa-settlement-pay-college-athletes
What would the proposed settlement cover?
In short, the future-looking part of the proposed agreement creates a system in which schools that are part of Power 5 conferences — the Atlantic Coast Conference, the Big Ten, the Big 12, the Pac-12 and the Southeastern Conference, a Each school will be allowed to distribute up to around $20 million to its athletes, an amount based on a percentage of the average revenue earned annually by the power conference programs. That percentage begins at 22 percent and could go up over time. It's expected that other schools, those outside the Power 5 conferences, will be able to opt in.
Will all college athletes get paid?
No. Football players and men's basketball players at large programs are the most likely to receive payments. That's because most of the revenue earned by college athletics departments has historically come from TV contracts to broadcast those two sports. Women's basketball also earns some revenue, and those players too could receive payments.
"It's going to be up to each school to decide how they're going to distribute that $20 million. And that's going to probably vary a lot from school to school," said Mit Winter, an attorney who has represented conferences, schools and athletes in a variety of college sports legal issues.
Schools will also have the option to pay players in sports that generally don't generate revenue — like rowing, soccer, tennis, track and field and more — but it's unclear how institutions will choose to proceed.
And many schools that aren't part of the major conferences may choose not to pay anything to any players at all, which could eventually open a competitive gulf between the haves and the have nots.
Will women be paid equally with men?
The proposed settlement marks a new frontier for Title IX, the cornerstone civil rights law that prohibits sex-based discrimination at educational institutions that receive funding from the federal government.
Title IX's legacy in college sports has been massive, as schools are required to pay out scholarships in equal proportion to women as they do for men.
Now, schools will have to determine whether and how the law applies to revenue payments to athletes. It will likely be up to litigation to resolve the question, he said.
"There's really no set final answer on how Title IX is going to apply," said Winter. "I think some schools will assume that Title IX is going to make them give 50 percent of that $20 million to female athletes and 50 percent to male athletes. Other schools won't make that assumption."
Are the NCAA's antitrust woes over?
As much as the NCAA may hope this settlement puts the years of antitrust lawsuits behind them, on this one, experts agree: The answer is no.
Of particular concern is the cap that the settlement places on payout, which is set for now at 22 percent of the average revenue earned annually by Power 5 schools. That figure is much lower than the portion of revenue paid out in professional sports like the NFL and NBA, where players take home about half of revenue.
In those leagues, players have agreed to receive that share of the revenue by way of collective bargaining agreements. Those labor agreements provide legal protection from individual lawsuits over compensation, said Mitten. But in college sports, where athletes aren't considered employees, no such bargaining agreements exist — meaning the NCAA is still exposed to antitrust litigation.
The NCAA and schools are already lobbying Congress to pass a federal antitrust exemption for college sports that would protect them from future lawsuits over pay.
What would the proposed settlement cover?
In short, the future-looking part of the proposed agreement creates a system in which schools that are part of Power 5 conferences — the Atlantic Coast Conference, the Big Ten, the Big 12, the Pac-12 and the Southeastern Conference, a Each school will be allowed to distribute up to around $20 million to its athletes, an amount based on a percentage of the average revenue earned annually by the power conference programs. That percentage begins at 22 percent and could go up over time. It's expected that other schools, those outside the Power 5 conferences, will be able to opt in.
Will all college athletes get paid?
No. Football players and men's basketball players at large programs are the most likely to receive payments. That's because most of the revenue earned by college athletics departments has historically come from TV contracts to broadcast those two sports. Women's basketball also earns some revenue, and those players too could receive payments.
"It's going to be up to each school to decide how they're going to distribute that $20 million. And that's going to probably vary a lot from school to school," said Mit Winter, an attorney who has represented conferences, schools and athletes in a variety of college sports legal issues.
Schools will also have the option to pay players in sports that generally don't generate revenue — like rowing, soccer, tennis, track and field and more — but it's unclear how institutions will choose to proceed.
And many schools that aren't part of the major conferences may choose not to pay anything to any players at all, which could eventually open a competitive gulf between the haves and the have nots.
Will women be paid equally with men?
The proposed settlement marks a new frontier for Title IX, the cornerstone civil rights law that prohibits sex-based discrimination at educational institutions that receive funding from the federal government.
Title IX's legacy in college sports has been massive, as schools are required to pay out scholarships in equal proportion to women as they do for men.
Now, schools will have to determine whether and how the law applies to revenue payments to athletes. It will likely be up to litigation to resolve the question, he said.
"There's really no set final answer on how Title IX is going to apply," said Winter. "I think some schools will assume that Title IX is going to make them give 50 percent of that $20 million to female athletes and 50 percent to male athletes. Other schools won't make that assumption."
Are the NCAA's antitrust woes over?
As much as the NCAA may hope this settlement puts the years of antitrust lawsuits behind them, on this one, experts agree: The answer is no.
Of particular concern is the cap that the settlement places on payout, which is set for now at 22 percent of the average revenue earned annually by Power 5 schools. That figure is much lower than the portion of revenue paid out in professional sports like the NFL and NBA, where players take home about half of revenue.
In those leagues, players have agreed to receive that share of the revenue by way of collective bargaining agreements. Those labor agreements provide legal protection from individual lawsuits over compensation, said Mitten. But in college sports, where athletes aren't considered employees, no such bargaining agreements exist — meaning the NCAA is still exposed to antitrust litigation.
The NCAA and schools are already lobbying Congress to pass a federal antitrust exemption for college sports that would protect them from future lawsuits over pay.
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RE: So now that pay for play is 100% legal…who wins? - TennesseeTuxedo UT - 5/26 09:48:07
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