• Loading stock data...
Saturday, August 9, 2025
Tuned In returns to NYC on September 16. Hear from the biggest names in sports media. Click here to get your spot

NCAA Constitutional Convention: Real Reform or Legal Cover?

  • The NCAA claims the Constitutional Convention is aimed at major reform, but it’s also trying to evade future legal scrutiny.
  • The constitution draft would implement some changes, but continues to bait the courts with language that could spark or bolster lawsuits.
Photo: CHARLIE NYE/USA TODAY/Design: Alex Brooks

Today, the NCAA membership is meeting during a virtual convention to discuss a draft of an entirely new constitution, released last week. 

When the NCAA announced the convention this summer, it claimed it wanted to “rethink” college sports and modernize. But it’s also an attempt to make changes that would protect it from further legal scrutiny in the wake of the Alston decision.

The biggest change would be giving more power to divisions, conferences, and schools. But the NCAA almost can’t seem to give up on core principles, like amateurism, that the law and the public have questioned.

“How much does the NCAA want to go up against the courts? How much do they want to tempt fate in this regard?” Boise State law professor Sam Ehrlich told FOS. “Based on the draft, it seems like they’re very willing to do so.”

Holding on to Amateurism

By the second page of the draft, the NCAA already appears to be baiting a lawsuit.

The principle of amateurism has guided the NCAA’s business model for decades. The concept, which prohibits pay for play, was listed second in the draft’s principles only behind “the primacy of the academic experience.” 

Athletes “may not be compensated by a member institution for participating in a sport,” the draft said.

It’s a bold move for the NCAA to put amateurism in writing because of the Alston decision, which found not only that education-related restrictions violated antitrust law, but also that other compensation limits could be illegal, too. 

“It’s like playing chicken with the courts,” Ehrlich said. 

The text might not be an antitrust violation in itself, Kennyhertz Perry sports attorney Mit Winter told FOS. But in future lawsuits, “this line would be great evidence for the plaintiffs to point to.” 

Keeping ‘Student-Athlete’ Alive

The NCAA is putting an additional target on its back — in this case with the National Labor Relations Board — by continuing to use the phrase “student-athlete,” another tenet of amateurism.

The NCAA originally created the phrase to avoid giving athletes workers’ compensation benefits — classifying them as amateurs, not employees. 

But in September, NLRB general counsel Jennifer Abruzzo released a memo saying that if a complaint is lodged against the NCAA, she’ll say “student-athlete” misclassifies some athletes who could be considered employees. A complaint was filed just last week, Bloomberg reported

In the constitution draft, however, the athletes themselves insisted on using the phrase, according to Sportico.

It’s possible they have created their own associations with the label, Ehrlich said, or even agree with an “education-first model…especially outside of the revenue sports.” 

But from a legal perspective, athletes might not understand the “potential significance of continuing to use that term,” Winter said.

Creating an NIL Loophole

The NCAA appeared to concede on one thing in the draft: the amount of control it has over NIL. Really, it just sets up a roundabout way to legislate NIL while hopefully shielding itself from lawsuits. 

But even this reform could anger the courts.

The Alston decision suggested the NCAA could be subject to another antitrust suit if it sets association-wide NIL rules. So the draft asks that every division, conference, and school write and publish their own regulations. 

The NCAA could make an argument that it’s legal for schools and conferences to set rules, Ehrlich said. But if a division tries to do so, the courts could see that as a problem. “I think that’s a gamble,” Ehrlich said.

The NCAA recognizes it has to both evolve and evade legal exposure. But it wants to ensure that its business model survives — and, clearly, that it can maintain as much control as possible.

At today’s Constitutional Convention, members will try to reconcile it all.

Tips? Comments? Reach out to Amanda Christovich at amanda@fos.company or on Twitter.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Dec 14, 2019; Philadelphia, PA, USA; President Donald Trump wave during the second quarter of the game between the Navy Midshipmen and the Army Black Knights at Lincoln Financial Field

‘Political Gold’: Trump Putting His Stamp on College Sports 

Trump has embraced executive action on hot-button college sports issues.

Three Schools Sue Mountain West, Commish Over Withheld Funds

Boise State, Colorado State, and Utah State intensified the court battle.
NC State

NC State ‘Cardiac Pack’ Team Loses NCAA Suit for NIL Back Pay

The 1983 team was among college basketball’s greatest Cinderella stories. 

March Madness Fields Will Stay Put at 68—at Least Until 2027

NCAA tournament expansion is still on the table for 2027.

Featured Today

Inked Under Anesthesia: Athletes Getting $50,000 Tattoos

High-end studios, elite artist teams, and hours under anesthesia.
Coco Gauff at New York Liberty
August 2, 2025

How the New York Liberty Became the Hottest Ticket in Town

Once banished to the burbs, the Libs are now Brooklyn’s marquee attraction.
Las Vegas sign
July 29, 2025

College Sports Embracing Vegas After Years of Cold Shoulder

The Big Ten became the latest newcomer to Sin City.
2000, Jupiter, FL, USA; FILE PHOTO; Montreal Expos pitcher Hideki Irabu in action on the mound against the New York Mets at Roger Dean Stadium during Spring Training
July 28, 2025

Dead Sports Franchises Are Alive and Well on Twitter

The Expos, Sonics, and Whalers have active social media accounts.
May 4, 2017; Columbus, OH, USA; The BYU Cougars against the Long Beach State 49ers at St. John Arena

Federal Judge Tells Stephen F. Austin to Reinstate Women’s Sports Teams

Schools may not be able to follow through on threats of cuts.
NCAA Track
July 31, 2025

NIL Collectives Can Still Pay College Athletes, With Some Restrictions

NIL collectives will still play a pivotal role in recruiting.
Stanford
August 1, 2025

John Donahoe Taking Over Stanford Sports After Rocky Nike Tenure

John Donahoe will be Stanford’s AD after a four-year stint running Nike.
Sponsored

Hottest Matchups Following NFL Schedule Release

The NFL released the 2025 regular-season schedule, and anticipation is already building in the ticket marketplace with four months to go.
Rutgers
July 28, 2025

Rutgers Finds New Athletic Director After Almost a Year

Rutgers’s previous athletic director, Pat Hobbs, resigned in August 2024.
Jan 20, 2025; Atlanta, GA, USA; Notre Dame Fighting Irish tight end Mitchell Evans (88) runs the ball against the Ohio State Buckeyes in the second half in the CFP National Championship college football game at Mercedes-Benz Stadium.
July 25, 2025

‘More Bark Than Bite’: What Trump’s Executive Order Means for College Sports

“This all comes down to Congress and the courts.”
July 24, 2025

UNC’s Bill Belichick Brings His NFL Swagger to ACC Media Days

UNC is becoming one of the most interesting stories in college football.
President Donald Trump speaks during the American 250 kickoff event on July 3, 2025, at the Iowa State Fairgrouds.
July 24, 2025

Trump Signs Executive Order on College Sports Pay

The order marks Trump’s first foray into legislating college sports compensation.