Protecting College Sports: The Need for Legislative Action

College sports face significant challenges amid numerous federal and state lawsuits questioning NCAA rules. These lawsuits threaten the current model of intercollegiate sports, which blends educational and commercial elements. To safeguard this system, Congress should enact the bipartisan Protect College Sports Act. This legislation would defend the college sports structure, distinguishing it from professional sports, where leagues like the NBA, NFL, and WNBA consist of privately owned teams with players as unionized employees.

In contrast, the NCAA consists of 1,075 nonprofit colleges and universities, divided into three nationwide divisions with varying competition levels and resources. NCAA schools provide a wide range of sports, producing over 90 men’s, women’s, and coed divisional national championships annually. Unlike professional athletes, NCAA participants are full-time students meeting academic requirements to engage in sports. In 2024-25, these institutions fielded approximately 20,000 teams, offering over half a million participation opportunities.

Historically, only Division I men’s basketball and FBS football generate surplus revenues, supporting other sports financially, including women’s and Olympic disciplines. However, fewer than 3% of NCAA athletic departments earn annual revenues exceeding expenses, primarily among Division I FBS Power Four conference schools. Furthermore, only a small fraction of college athletes transition to professional sports.

Since the NCAA’s inception in 1906, over 5 million athletes have participated in college sports, with high graduation rates compared to the general student body. The Protect College Sports Act aims to preserve this model by defining eligibility criteria for student athletes and limiting institutional transfers to maintain graduation rates.

Importantly, the Act prohibits athletic department influence over course selection or scholarship revocation based on performance or injury, offering legal recourse for violations. It ensures continued educational assistance for former athletes for up to ten years post-eligibility. Additionally, the legislation seeks uniformity in allowing athletes to earn from their Name, Image, and Likeness rights, replacing conflicting state laws.

The Act mandates disclosure of athlete compensation over $600 annually, forbids inflated endorsement contracts, and grants antitrust immunity for enforcement actions. It also establishes revenue-sharing caps, starting at $20.5 million per school in 2025, with adjustments for inflation.

Furthermore, provisions allow universities to invest additional funds to retain current athletes and support non-revenue sports. This legislation seeks to balance competition, ensure fair compensation rules, and protect the integrity of college sports. By passing the Protect College Sports Act, Congress can provide stability and avoid judicial micromanaging of college athletics, ensuring a future aligned with educational goals and public interest.

Matthew Mitten, law professor and senior advisor at Marquette University Law School’s National Sports Law Institute, emphasizes the importance of this legislative action.

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