Kassandra Ramsey’s Post

So much has changed in college athletics since I was a student-athlete. It's been hard to keep up with what's going on with NIL deals and how those will factor into the future of college athletics. Luckily, Littler's Ben Pope, Ben McMichael and James Fielding provide insight into federal proposals to regulate name, image and likeness (#NIL) deals for college athletes in this article. #employmentlaw

Tamenang Choh and Grace Kirk are former Brown University basketball players. Last year they filed a lawsuit alleging that Ivy League schools violate antitrust law by not allowing athletic scholarships and other compensation for their athletic services. Their lawsuit has now become an important part of the proposed House v NCAA settlement, as today Choh and Kirk filed an opposition to preliminary approval of the House settlement. They argue that their claims challenging the Ivy League rules are being improperly released by the House settlement, because they are being released without adequately being redressed and without adequate representation. As a result, they are asking that their claims be carved out of the settlement and that their lawsuit be allowed to continue. They are expressly not challenging the part of the settlement that relates to #NIL damages claims. I expect we’ll see a similar opposition from the plaintiffs in Fontenot v NCAA and Cornelio v NCAA (which was filed this week). I also expect to see an opposition/objection at some point from individuals who are future college athletes, based on those individuals not being adequately represented in House. #ncaa #nameimagelikeness #collegeathletes #collegeathletics #sportslaw

Ross Dellenger of Yahoo Sports wrote about next week's NCAA Convention in Phoenix. A key focus area of the article and of next week's conference will be NCAA President Charlie Baker's "Project Division I" which proposes seismic shifts in the college sports landscape: 1️⃣ Paving the way for athletes to engage in NIL deals and receive augmented educational benefits. 2️⃣ Establishment of a new FBS subdivision requiring schools to deposit into a trust $30,000 per athlete for half of a school’s athletes. 3️⃣ Anticipated yearlong process, with initial focus on NIL and educational benefits. The timeline targets next January’s NCAA convention for action on the new subdivision structure. 4️⃣ Robust discussions on abolishing the year-in-residency penalty, elevating academic eligibility requirements, and implementing financial penalties for schools that don’t meet academic benchmarks. Full article 🔗 https://lnkd.in/gngFSf6t What's one takeaway you would love to see come out of the Convention? #nameimagelikeness #ncaa #nil

Another day, another NCAA loss in court over amateurism. Federal judge grants a 14-day temporary restraining order that blocks the NCAA from imposing transfer rule regarding college athletes who wish to transfer for a second (or third etc.) time. In court documents, NCAA warned this ruling would create a “system of perpetual & unchecked free agency”, sort of like pro sports. My take in a new Sportico story. #sportslaw #sportsbusiness #antitrustlaw #transferstudents #NCAA

#Antitrust-“#NCAA ,5 power conferences agree to #settlement to allow schools to pay #players and a historic settlement agreement that will pay back damages of $2.8 billion, at least $15 billion in revenue share and reshape the #governance, #enforcement, and #scholarship structure of major #college #athletics.”#sports #college #collegesports #classaction The proposed legal settlement also would involve $2.8 billion in damages to former and current college athletes. https://lnkd.in/ekVgzU2b

Here we go! The Big 12 is the first conference to settle the House v. NCAA. The remaining Power Five conferences will likely follow the Big 12's led, effectively creating a new revenue-sharing model between schools and athletes. NCAA & Big 12 Conference.

Johnson v. NCAA: Third Circuit Concludes College Athletes are Not Precluded from Bringing FLSA Claims The dispute at issue began in 2019 when college athletes at several National Collegiate Athletic Association (“NCAA”) Division I (“D1”) member institutions filed a complaint asserting violations of the Fair Labor Standards Act (“FLSA”) and various state wage laws seeking relief in the form of unpaid wages, an equal amount in liquidated damages, and attorneys’ fees. The plaintiffs argued that they were entitled to federal minimum wage compensation for the time they spent representing their schools. The NCAA and member schools moved to dismiss pursuant to Federal Rule of Civil Procedure Rule 12(b)(6), asserting that the college athletes—as “amateurs”—are not, and historically have never been, considered employees of their respective schools or the NCAA. The District Court determined that the athletes had sufficiently pleaded facts that, under a multifactor balancing test, might allow them to be classified as employees under the FLSA and denied the motion to dismiss. The NCAA and member schools appealed. The issue raised by the interlocutory appeal is not whether the athletes before the Third Circuit are actually owed the protections of the FLSA but rather, whether college athletes, by nature of their so-called amateur status, are precluded from ever bringing an FLSA claim. The Third Circuit answered this question “no”. To read more, go to https://lnkd.in/gg6DAbrm #SportsLaw #FLSA #EmploymentLaw #CollegeAthletes #DennieSportsLaw

This is an interesting Charlie Baker interview. As with many conversations that start off with #NIL, it gets into the bigger issues facing college athletics. Most notably, the need for a new model that admits the reality of what certain college sports and teams are. https://lnkd.in/g6whbamC #sportslaw #ncaa #nameimagelikeness #collegeathletics #collegeathletes

Wrote about my neighborhood (Capitol Hill) and my beat (College Sports™). Since a lot of people on here care deeply about these issues, very curious to hear any thoughts, additional questions, perspective in the comments. Thanks for reading! https://lnkd.in/e5vCamuU

Husch Blackwell is pleased to share its fourth-annual NCAA Compliance Report, which explores the legal and regulatory uncertainty the NCAA and its member schools are facing as the popularity of college sports is at an all-time high. This year's report includes insights on: Legal Challenges and NCAA Governance: Recent legal cases challenge the NCAA's authority to regulate student-athlete compensation and eligibility, signaling a shift away from traditional amateurism policies. The NCAA's governance structure is under scrutiny as courts question its ability to enforce amateurism rules. Compensation Debate: There is a growing debate over compensating college athletes, with courts and policymakers increasingly questioning the fairness of amateurism rules and exploring avenues for athlete compensation, such as expanding compensation to cover the full cost of attending college. Title IX Implications: Changes in student-athlete compensation and governance could impact Title IX compliance, requiring institutions to navigate gender equity concerns alongside financial considerations. Courts acknowledge the complexities of ensuring compliance with Title IX amidst evolving compensation models. NIL Regulations: The Name, Image, and Likeness (NIL) landscape is complex, with varying state laws and NCAA regulations prompting legal battles and the need for comprehensive federal legislation. The NCAA's enforcement of NIL rules faces challenges, with courts intervening to protect student-athlete rights. Transfer Rules: Recent changes in transfer rules have increased flexibility for student-athletes, but challenges remain in reconciling waiver requests and ensuring fairness in eligibility decisions. Legal cases have highlighted the need for clearer guidelines and consistent enforcement. Financial Pressures and Team Cuts: Institutions face budgetary strains exacerbated by potential revenue-sharing requirements and increased athlete compensation, leading to discussions around team cuts and fundraising challenges. Some institutions have announced cuts to sports programs in response to financial pressures. Legalized Gambling: The legalization of sports gambling introduces new risks for institutions and athletes, with the NCAA enforcing strict rules to preserve the integrity of collegiate sports. Leadership Initiatives: NCAA President Charlie Baker has proposed innovative solutions, including creating new subdivisions with tailored rules, to address the evolving landscape of collegiate sports governance. Comprehensive Solutions: Addressing the challenges facing collegiate sports requires comprehensive solutions that balance athlete compensation, Title IX compliance, governance reform, and the preservation of collegiate sports' unique identity. #YouthSports #NCAA #College #Sportsbiz #LinkedInSports