• Loading stock data...
Friday, August 29, 2025
The biggest names in sports media. All in one room. Get your ticket now!

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

Cody Campbell Asks Congress to Allow National College Sports TV Package

The billionaire’s ad will air on ESPN and Fox this weekend.
Ohio State mascot Brutus interacts with Lee Corso on the set of ESPN College GameDay prior to the College Football Playoff first round game between the Ohio State Buckeyes and Tennessee Volunteers in Columbus on Dec. 21, 2024.

End of an Era: Lee Corso Making Final ‘College GameDay’ Appearance

After 430 iconic headgear picks, the iconic coach bids farewell.
Dawn Staley

Dawn Staley Says She Would Have Left South Carolina for Knicks

Staley says she would have made the NBA leap “for women.”

As CFB Programs Add Corporate Field Logos, Are Jersey Patches Next?

Texas is adding a sponsor’s logo to its football field this season.

Featured Today

‘You’re Going to Get Beat Up’: The Liberty’s All-Male Practice Squad

A select group suits up weekly to take on the defending champs.
August 24, 2025

The Honey Deuce Effect: How Tennis Perfected the Signature Cocktail

Sold every 1.5 seconds, they total more than $12 million in sales.
Dec 21, 2024; Austin, Texas, USA; Texas Longhorns quarterback Arch Manning (16) warms up as the Texas Longhorns prepare to play the Clemson Tigers in the first round of the College Football Playoffs at Darrell K Royal Texas Memorial Stadium.
August 23, 2025

Schools Are Hesitant to Allow PE Into Their Athletic Departments

Regardless of budget, schools don’t believe the risk is worth the reward.
Oct 2, 2024; Rosemont, IL, USA; Big Ten commissioner Tony Petitti speaks with the media during the 2024 Big Ten Women’s Basketball media day at Donald E. Stephens Convention Center.
August 22, 2025

‘Not Ready to Jump In’: Power 4 Commissioners Aren’t Sold on PE

Top leaders in college sports have yet to see a satisfactory proposal.
Apr 19, 2025; Boulder, CO, USA; Colorado Buffaloes head coach Deion Sanders during the spring game at Folsom Field.

Coach Prime Enters Year 3 at Colorado With New Challenges

The Buffaloes have sold out their season tickets yet again.
August 27, 2025

College Football Players Projected to Earn $1.9B This Year, Nearly Double 2024

The spike comes in the first season of revenue-sharing.
August 27, 2025

Fox, YouTube TV Avoid Blackout With Short-Term Deal

The upcoming Texas–Ohio State clash will remain available to subscribers.
Sponsored

Gareth Bale on MLS vs EPL, Retirement & Buying Cardiff City

Gareth Bale shares his post-soccer business playbook.
Oregon State Beavers quarterback Gevani McCoy (4) scrambles out of the pocket during an NCAA football game against UNLV at Reser Stadium on Saturday, Oct. 19, 2024, in Corvallis, Ore.
August 27, 2025

Pac-12 Strikes New Football, Basketball Deal With The CW

The latest step in its resurrection after being picked apart in 2023.
Oct 17, 2015; Evanston, IL, USA; A general view of the Northwestern Wildcats logo at midfield before the game against the Iowa Hawkeyes at Ryan Field.
August 25, 2025

Northwestern AD Singles Out Volleyball As Sport to Invest In

Northwestern athletic director Mark Jackson spoke to Front Office Sports.
Dec 21, 2024; Austin, Texas, USA; Texas Longhorns quarterback Arch Manning (16) is tackled by Clemson Tigers defensive tackle Payton Page (55) during the second half of the CFP National playoff first round at Darrell K Royal-Texas Memorial Stadium
August 25, 2025

As College Football Season Kicks Off, NIL Deal Approval Process Still Lags

Many deals are stuck in “purgatory,” one power conference collective operator says.
August 25, 2025

$12.5M Freshman Bryce Underwood Named Michigan’s Starting QB

The Wolverines paid big money to land the highly touted recruit.