As the traditional landscape of college athletics transforms, several unconventional ideas are emerging as potential solutions to mitigate the chaos resulting from the surge in name, image, and likeness (NIL) deals, as well as the increasingly active transfer portal, which witnesses thousands of athletes switching schools every year.
Amidst the uncertainty of which solutions might be implemented, schools nationwide await a crucial decision from a federal judge regarding a $2.8 billion antitrust settlement against the NCAA and the five largest conferences. This ruling, expected to possibly take effect by July, could allow universities to directly share millions in revenue with their athletes, alongside prompting numerous other changes.
**Considerations for Athlete Contracts**
Although formal contracts between athletes and schools aren’t new, the rise of NIL deals has sparked interest in professional-style agreements. Rich Stankewicz, operations director for Penn State’s NIL collective Happy Valley United, supports an incentive-based approach, which would reward athletes not only for performance but also for remaining with the team.
“I favor incentivizing performance while athletes are actively playing,” Stankewicz explained. “Paying out more during the active season encourages athletes to stay and collect their contract earnings rather than receive a lump sum upfront and opt to transfer after a short period, potentially with minimal academic engagement.”
**Understanding Transfers and Buyouts**
The issue of athlete transfers is gaining significant attention. Athletes risk entering the transfer portal without securing a better or any placement, yet many are willing to take that risk each season. Some athletic departments are starting to push back.
For instance, Arkansas athletic director Hunter Yurachek has urged the school’s NIL collective to consider legal action after quarterback Madden Iamaleava left for UCLA just five months after joining. Iamaleava allegedly received substantial money upfront but cited homesickness and followed his brother to California. Penn State is keen to avoid similar situations and recognizes the importance of precise contract specifications.
“Typically, nothing binds students to an institution for the full duration of a contract,” said Stankewicz. “We’ve considered strategies to deter transfers during contractual periods, ranging from buyout clauses to structuring contract payouts differently.”
**Debate over Athletes as Employees**
Recent shifts in the athletic environment have ignited debates about granting athletes employee status at universities. Such a move would require universities to manage wages, benefits, and workers’ compensation, a subject of significant controversy. Nonetheless, schools and conferences have pledged to legally combat such changes.
Complications arise from more than just the idea itself. Public universities must adhere to varying state labor laws, while private institutions fall under the National Labor Relations Board. Many states, particularly in the South, have “right to work” laws that present union-related challenges.
Michael LeRoy, a labor and employment professor at Illinois, acknowledges a new political climate but remains skeptical of swift legal recognition of athletes as employees. “Given the changes with Donald Trump’s election and subsequent judicial appointments, I doubt we’ll receive a favorable ruling on athlete employment in the next 5-10 years,” LeRoy said.
Nonetheless, LeRoy encourages athletes to advocate for themselves, suggesting they consider models from the entertainment industry. “Athletes should reference Hollywood and Broadway contracts for publicity rights,” he advised. “Collective bargaining and broader contracting perspectives seen in entertainment offer a successful blueprint.”
**Two-way Athlete Opportunities**
Current uncertainties have muddied the lines of athlete affiliations. Drawing inspiration from the NBA’s G League, University of Albany basketball coach Dwayne Killings suggests a two-way contract for collegiate players. Albany would host transfers from elite programs, giving them valuable in-game experience before returning them to their original schools ready to compete.
“The best development happens on the floor, not necessarily on the scout team,” Killings mentioned to CBS Sports, referring to the updated 15-man scholarship limits.
Meanwhile, Division III has approved an innovative pilot program allowing athletes to compete for one school while completing coursework at another institution without varsity sports. This initiative aims to provide greater academic pathways while preserving athletic participation opportunities.
“This initiative addresses the dynamic educational landscape we are navigating,” said Jim Troha, president of Juniata and chairman of the DIII President’s Council. “It acknowledges existing academic programs and promotes flexible participation opportunities for student-athletes.”
Before considering permanent adoption or further expansion, the program will undergo a comprehensive assessment.