{"id":74672,"date":"2024-10-28T00:03:04","date_gmt":"2024-10-28T04:03:04","guid":{"rendered":"https:\/\/world.edu\/?p=74672"},"modified":"2024-10-28T00:03:04","modified_gmt":"2024-10-28T04:03:04","slug":"student-athletes-find-more-power-in-the-changing-legal-landscape-of-college-sports","status":"publish","type":"post","link":"https:\/\/world.edu\/student-athletes-find-more-power-in-the-changing-legal-landscape-of-college-sports\/","title":{"rendered":"Student-athletes find more power in the changing legal landscape of college sports"},"content":{"rendered":"

\"\"<\/p>\n

Ever since the NCAA permitted college athletes to\u00a0get paid<\/a>\u00a0by companies that use their names, images and likenesses, athletes have tested the limits of their increasing power.<\/p>\n

One of the latest examples is Matthew Sluka, the starting quarterback for UNLV\u2019s first three games of the 2024 season. After helping lead UNLV to three wins and potential contention for a prestigious\u00a0College Football Playoff<\/a>\u00a0bid, Sluka announced on Sept. 24, 2024, he would\u00a0sit out the rest of the season<\/a>. His decision is the result of a\u00a0dispute over compensation<\/a>\u00a0for use of his name, image and likeness, commonly referred to as NIL.<\/p>\n

While the decision sent shock waves through college athletics, it also shines light on the changing balance of power that favors athletes over their coaches and universities.<\/p>\n

As a former lawyer and college athletics compliance administrator \u2013 and also as a current university faculty member who has authored\u00a0several law review articles<\/a>\u00a0on legal issues related to NIL \u2013 I suggest that Sluka\u2019s situation exemplifies how collegiate athletes can use recent NCAA rules changes to improve their financial situation in the NIL era of college athletics.<\/p>\n

Promises and denials<\/strong><\/h4>\n

Sluka\u2019s NIL agent claims a UNLV assistant coach failed to fulfill a\u00a0promise he made Sluka<\/a>\u00a0during the recruiting process. That promise, according to Sluka\u2019s agent, was that Sluka would receive US$100,000 of NIL compensation from an\u00a0NIL collective<\/a>\u00a0should he attend UNLV. NIL collectives are generally formed to\u00a0pool individuals\u2019 and businesses\u2019 funds<\/a>\u00a0to provide NIL opportunities and compensation for athletes.<\/p>\n

Any such promise by a UNLV assistant coach would violate current NCAA policy. That\u2019s because\u00a0NCAA policy<\/a>\u00a0prohibits coaches from making NIL compensation offers contingent on whether a student enrolls.\u00a0NIL collectives<\/a>, on the other hand, may negotiate with athletes during the recruiting process as the result of a\u00a0U.S. District Court ruling<\/a>. That ruling prohibits the NCAA from penalizing collectives that negotiate NIL compensation with athletes during the recruiting process.<\/p>\n

In a forthcoming\u00a0BYU Law Review article<\/a>, however, I suggest that a university whose star athlete transfers because another school\u2019s collective recruited the athlete possesses a viable legal claim against the collective. That claim would be for inducing the athlete to transfer and violate their athletics scholarship agreement.<\/p>\n

UNLV\u00a0denies Sluka\u2019s version<\/a>\u00a0of events. The university asserts that Sluka\u2019s representative demanded more compensation from UNLV and its NIL collective in order for Sluka to continue playing. UNLV says it\u00a0then refused<\/a>, as such a \u201cpay-for-play\u201d agreement violates NCAA policy, which states that athletes may not accept NIL compensation based on \u201cplay\u201d or on-field results.<\/p>\n

Perceptions and \u2018pay-to-play\u2019<\/strong><\/h4>\n

In Sluka\u2019s case, further complicating things is the issue of whether Sluka\u2019s NIL representative is\u00a0properly registered<\/a>\u00a0with the state as an agent, as required by Nevada law. The state may be interested in pursuing enforcement, given the Nevada secretary of state\u2019s\u00a0relationship with UNLV\u2019s NIL collective<\/a>. More specifically, Nevada Secretary of State Francisco V. Aguilar\u00a0co-founded Blueprint Sports<\/a>, which operates the collective.<\/p>\n

NCAA rules allow a football player to retain a year of eligibility if they play in\u00a0four or fewer games<\/a>\u00a0in a season. Sluka\u00a0exercised this ability<\/a>\u00a0by leaving his team. There is little that UNLV can do about it beyond taking away Sluka\u2019s athletic scholarship for leaving the team.<\/p>\n

Universities, however, must be increasingly sensitive to providing the necessary procedures, such as hearings and appeal opportunities, before disciplining athletes in the NIL era. As I explain in a forthcoming\u00a0SMU Law Review article<\/a>, a recent U.S. District Court\u00a0decision<\/a>\u00a0involving then-University of Illinois men\u2019s basketball player Terrence Shannon Jr. precluded the university from enforcing its suspension of Shannon without providing appropriate processes, lest he lose out on NIL compensation, which the court classified as a constitutionally protected interest.<\/p>\n

A slew of lawsuits<\/strong><\/h4>\n

Before it granted college athletes the ability to get paid through NIL deals, the NCAA faced long-standing\u00a0criticism<\/a>\u00a0that its policies were unfair to athletes. The argument was that athletes benefited relatively little compared with the NCAA, conferences and universities, even though it was the athletes who provided the product. Along those lines, former college football stars\u00a0Terrelle Pryor<\/a>,\u00a0Reggie Bush<\/a>\u00a0and\u00a0Denard Robinson<\/a>\u00a0all recently filed separate lawsuits against the NCAA over denied NIL compensation opportunities.<\/p>\n

Some college football luminaries are now questioning whether the pendulum of power has swung too far in favor of athletes in the NIL era. Examples include former Alabama head coach\u00a0Nick Saban<\/a>\u00a0and former Ohio State quarterback and longtime ESPN commentator\u00a0Kirk Herbstreit<\/a>. Saban has openly wondered whether the current college football model is\u00a0sustainable<\/a>. Herbstreit has lamented \u201cthe players having all the control<\/a>\u201d without any accountability to their coaches and universities.<\/p>\n

High-profile college football players, such as quarterbacks\u00a0Kelly Bryant and D\u2019Eriq King and receiver Gary Bryant Jr.<\/a>, previously exploited NCAA rules permitting them to play in four games and then transfer to another university without sacrificing a season of competition eligibility.<\/p>\n

At least publicly, their decisions were due to on-field considerations such as playing time. Sluka\u2019s decision to forgo playing the rest of the season and transfer was different. It is the\u00a0first time \u2013 but likely not the last<\/a>\u00a0\u2013 a college athlete has publicly based their decision to leave their team mid-season on an NIL dispute.<\/p>\n

Sluka\u2019s departure from UNLV makes clear that collegiate athletes\u2019 power to move freely between universities in pursuit of their best financial situation has greatly increased. Meanwhile, their coaches\u2019 and universities\u2019 power to keep them on the team and participating has significantly decreased.<\/p>\n

Author Bio:<\/strong> Joshua Lens is Associate Professor of Instruction of Sport & Recreation Management at the University of Iowa<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Ever since the NCAA permitted college athletes to\u00a0get paid\u00a0by companies that use their names, images and likenesses, athletes have tested the limits of their increasing power. One of the latest examples is Matthew Sluka, the starting quarterback for UNLV\u2019s first three games of the 2024 season. After helping lead UNLV to three wins and potential […]\n… learn more→<\/a><\/p>","protected":false},"author":33,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[357431],"tags":[435137],"coauthors":[11733],"class_list":["post-74672","post","type-post","status-publish","format-standard","hentry","category-university-sport","tag-nil"],"acf":[],"yoast_head":"\nStudent-athletes find more power in the changing legal landscape of college sports - World leading higher education information and services<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/world.edu\/student-athletes-find-more-power-in-the-changing-legal-landscape-of-college-sports\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:locale\" content=\"en_US\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:type\" content=\"article\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:title\" content=\"Student-athletes find more power in the changing legal landscape of college sports - World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"Ever since the NCAA permitted college athletes to\u00a0get paid\u00a0by companies that use their names, images and likenesses, athletes have tested the limits of their increasing power. 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