With attention focused elsewhere, it is not surprising that a couple of recent developments have gone relatively unnoticed. But you might be interested.
1. Yesterday the NCAA Board of Governors took an extraordinary step. It not only reiterated its COVID guidelines to be met for participation this fall, it made them mandatory. This form an organization that has previously made it clear that schools and conferences decide when and under what circumstances they can play, setting forth rules regarding length of season and practice, etc. but purposely staying out of policy. So going forward, if Division I institutions decide they will go forward with a season, they will have to be in compliance with testing requirements, quarantine rules, etc. that were previously merely guidelines. If at any point during a season an institution is not meeting those guidelines, it will have to shut down its program. This is a big deal.
2. Within the last 48 hours a panel of the NInth Circuit Court of Appeals upheld the O'Bannon trial judge's ruling that NCAA schools can provide unlimited benefits to student-athletes as long as the benefits are "tethered to education." This could be huge and go well beyond protractors and pencils. Consider during recruitment, School A promises to pay for a recruit to go to law school after his playing days are done. Is that a benefit "tethered to education?" Many will say yes. Theoretically, School A could promise to pay the recruit's law school tuition at School B. It still is tied to education. The NCAA has already asked the US Supreme Court for review, but the chances of that body accepting the case are slim. Things could very interesting. Stay tuned.
1. Yesterday the NCAA Board of Governors took an extraordinary step. It not only reiterated its COVID guidelines to be met for participation this fall, it made them mandatory. This form an organization that has previously made it clear that schools and conferences decide when and under what circumstances they can play, setting forth rules regarding length of season and practice, etc. but purposely staying out of policy. So going forward, if Division I institutions decide they will go forward with a season, they will have to be in compliance with testing requirements, quarantine rules, etc. that were previously merely guidelines. If at any point during a season an institution is not meeting those guidelines, it will have to shut down its program. This is a big deal.
2. Within the last 48 hours a panel of the NInth Circuit Court of Appeals upheld the O'Bannon trial judge's ruling that NCAA schools can provide unlimited benefits to student-athletes as long as the benefits are "tethered to education." This could be huge and go well beyond protractors and pencils. Consider during recruitment, School A promises to pay for a recruit to go to law school after his playing days are done. Is that a benefit "tethered to education?" Many will say yes. Theoretically, School A could promise to pay the recruit's law school tuition at School B. It still is tied to education. The NCAA has already asked the US Supreme Court for review, but the chances of that body accepting the case are slim. Things could very interesting. Stay tuned.