State Law Vs. Ncaa: Who Has The Final Say?

The relationship between state law and the NCAA is complex and multifaceted. While the NCAA, as a private institution, is not subject to Title IX and cannot be sued for violating civil rights, its rules and regulations governing intercollegiate sports are subject to scrutiny under state and federal laws. For example, in the case of State of Ohio et al. v. National Collegiate Athletics Association, the Transfer Eligibility Rule, which restricts the eligibility of college athletes transferring between Division I schools, was challenged as violating federal antitrust laws and the Sherman Act. This case demonstrates that state laws and legal actions can play a significant role in shaping the policies and decisions of the NCAA. However, it's important to note that the impact and precedence of state laws over the NCAA's rules are context-specific and depend on various legal and legislative factors.

NCAA Transfer Eligibility Rule

The NCAA is a private institution, and as such, its disciplinary measures are not considered state actions. Therefore, it cannot be sued for violating civil rights. While the NCAA is not subject to state laws, it is important to note that federal laws can override state constitutions. This occurs when a federal law conflicts with a state constitution, making it impossible to follow both simultaneously. In such cases, the federal law takes precedence under the Supremacy Clause of the US Constitution.

Now, let's delve into the NCAA Transfer Eligibility Rule:

The NCAA Transfer Eligibility Rule outlines the requirements for student-athletes wishing to transfer to another college or university while continuing their participation in sports. The rules can vary depending on the division level and the sport. Here are the key points to understand:

• Division-Specific Rules: The transfer rules differ between Division I (D1), Division II (D2), and Division III (D3) schools. For instance, when transferring from a D3 school to a D1 or D2 school, you must register with the NCAA Eligibility Center. In contrast, transfers between D3 schools only require completing the NCAA Self-Release form.
• Walk-on Status: Generally, if you were a walk-on at your previous college, you are eligible to be a walk-on at your new college, regardless of scholarship offers.
• Redshirting: Redshirting allows full-time students to sit out of competitive gameplay for a year while still practising with the team and remaining eligible for athletic scholarships. As of April 2021, D1 athletes transferring schools for the first time are exempt from the mandatory redshirting year before competing at their new college.
• Immediate Eligibility: To play immediately for your new school, you must meet certain qualifications. Subsequent transfers will require sitting out a season unless a waiver from the NCAA is obtained.
• Five-Year Clock: Student-athletes have five years to complete their four years of play. This clock starts when you become a full-time student at a D1 school, even if you don't participate in sports. At D2 and D3 schools, the clock starts when you first enrol as a full-time student and pauses if you are no longer a full-time student.
• NAIA to NCAA Transfers: Students transferring from the National Association of Intercollegiate Athletics (NAIA) to an NCAA school don't need to register with the NCAA Transfer Portal. However, they need approval from the NCAA Eligibility Center if transferring to a D2 or D1 school and a permission-to-contact letter from their athletic department.
• Graduate Transfers: You can participate in sports as a graduate if you meet specific requirements, such as having eligibility time left on your five-year clock and attending a graduate school that offers your sport.

It is important to note that transfer rules can be complex, and some sports may have unique regulations. Therefore, seeking assistance from experts or referring to official NCAA resources is recommended to navigate the transfer process successfully.

NCAA's trust fund

In the United States, federal law takes precedence over state law. If a federal law directly conflicts with a state law, the federal law will override the state law under the Supremacy Clause of the U.S. Constitution. This, however, does not directly answer whether a state law can override the NCAA.

The NCAA is a private institution, and as such, its disciplinary measures are not considered state action and it cannot be sued for violating civil rights.

The NCAA's trust fund, NIL proposal, unveiled in December 2023, is a plan to enable schools to compensate athletes from a trust fund and enter into NIL (Name, Image, and Likeness) deals with athletes. The proposal suggests that schools should invest at least $30,000 per athlete annually into an enhanced educational trust fund for at least half of their eligible student-athletes. There would be no limit on how much schools could provide to any subset of athletes, and athletes could spend the money in any way they choose, as long as the schools remain Title IX compliant.

The proposal has been applauded as a progressive step in the right direction, but questions remain over whether schools will be able to comply with Title IX while compensating athletes through a trust fund and NIL deals. The plan could also significantly alter the competitive landscape in college sports, with financial capabilities becoming a more prominent factor in attracting talent.

The trust fund proposal is part of a broader effort by the NCAA to enhance the student-athlete experience, build on financial and organizational investments in women's sports, and enhance the athletic and academic experiences of student-athletes.

NIL laws

In 2021, the U.S. Supreme Court ruled in National Collegiate Athletic Association v. Alston et al. that the NCAA's rules on athlete compensation violated federal antitrust law. As a result, the NCAA issued "interim" rules, allowing college athletes to profit from their NIL for the first time. This change prompted many states to introduce their own NIL laws, creating a varied regulatory landscape depending on the state and college in question.

In states with active NIL laws, college athletes can earn money by following both state and school rules. These laws often provide that student-athletes can obtain licensed professional representation and must disclose any contracts for NIL compensation to a designated official. However, some state laws prohibit athletes from endorsing certain types of products and services. Athletes in states without NIL laws can still participate in NIL activities without breaking NCAA rules, but they must follow any institution and conference policies.

While there is currently no federal NIL law, the NCAA intends to work with federal legislators to replace the interim policy with a single nationwide policy. In the meantime, athletes should continue to adhere to the NIL rules set by their specific state and educational institution.

NCAA eligibility requirements

The NCAA has specific eligibility requirements that student-athletes must meet to participate in college sports and receive athletic scholarships. These requirements include academic and amateurism standards.

Academic Requirements

To be eligible for NCAA Division 1 and 2 schools, student-athletes must pass a minimum of 16 approved core courses during their high school years. The exact course requirements may vary slightly between D1 and D2 schools. The NCAA calculates the student's GPA based on their performance in these core courses. It is important to note that once a student reaches their senior year of high school, the grades received in their core courses are locked in and cannot be changed.

Additionally, while the NCAA no longer requires the SAT or ACT for eligibility as of 2020, individual colleges may still expect these scores for admission and scholarship considerations. Therefore, students should check the specific requirements of their desired colleges and scholarships.

Amateurism Requirements

Student-athletes must also adhere to NCAA amateurism rules, which ensure that they do not receive compensation or benefits that could compromise their amateur status. Students enrolling in a D1 or D2 school for the first time must obtain final amateurism certification from the NCAA Eligibility Center before becoming eligible to participate in college sports.

Division 3 Requirements

It is important to note that Division 3 schools set their own academic eligibility rules. Student-athletes planning to compete at the D3 level should contact the specific institution to understand its eligibility requirements.

Junior College Option

If a student-athlete cannot meet the eligibility requirements for a four-year college, they may consider attending a junior college for two years to gain eligibility. Junior colleges typically require a high school diploma and have lower academic standards for admission. After completing their time at a junior college, a student-athlete may transition to a D1 or D2 program.

NCAA disciplinary measures

The disciplinary measures of the NCAA, a private institution, are not state actions and therefore cannot be sued for violating civil rights. The NCAA's enforcement department aims to uphold integrity and fair play among member schools and ensure that compliant schools and students are not disadvantaged.

The NCAA Committee on Infractions has outlined potential penalties for rules violators in leadership positions, including school presidents and athletic directors. Disciplinary measures include suspending individuals from activities associated with athletics or imposing a show-cause order that restricts or reduces their activities. The committee also supports the vacation of records as part of penalties, as it is rooted in fair competition.

The NCAA has the knowledge and resources to implement a centralized disciplinary enforcement policy, which would remove the responsibility of individual institutions to issue fair discipline. This would also provide an avenue for the NCAA to maintain its relevance in an era of increasing conference autonomy and shifting college athletics landscapes.

In terms of the relationship between state and federal law, it is important to note that if a federal law conflicts with a state constitution, the federal law will override the state constitution under the Supremacy Clause of the US Constitution. This means that certain rights ""guaranteed"" by a state constitution can be overridden by federal law, making those rights less secure.

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