NCAA’s Maze Of Eligibility Rules Is Athletes’ Latest Target
Irwin Kishner, co-chair of Herrick's Sports Law Group and co-chair of Herrick's Corporate Department, was quoted in Law360 in an article discussing recent law suits involving the NCAA's eligibility bylaws, and the allegations that they limit athletes' compensation.
According to the article, "[c]ourt decisions on the vast number of antitrust suits filed in both state and federal court to date have fallen both in favor of temporarily lifting NCAA rules that restrict college athletes' eligibility to keep playing, and in favor of keeping the rules in place and preventing the athletes from playing beyond their prescribed years."
In addition, the article notes that the NCAA is considering changing its current bylaws limiting athletes to four seasons of competition within five years, which could both clarify some of the confusion and eliminate future litigation. "[I]nconsistencies in the rules the athletes are challenging could theoretically be corrected by the proposal now under consideration by the NCAA — to make all college eligibility five years, starting either after departing high school or after turning age 19. The rewriting of the five-year rule would eliminate redshirt seasons and all the grounds for challenging them."
However, while the specific rules that athletes challenge have been varied in the numerous pending lawsuits, the common denominator in these suits has related to the "quest for new opportunities for revenue sharing and name, image and likeness compensation."
"Now that the athletes legally have access to the billions of dollars generated by college sports and its member schools, those athletes are positioned to fight for every earning opportunity they previously were denied," said Irwin Kishner.
"The question, simply, is, 'Where's the balance,' so it doesn't go too far one way or the other way,'' Irwin said. "And it was, arguably anyway, too far in favor of the institutions. Now the question is, 'How far will it swing the other way?'''
Read the full article in Law360 here. Access may require a subscription.