Non-football schools offer new model for college sports

FCS and non-football programs seek to grant student-athletes more authority in a new model of governance

Mar 27, 2024; Los Angeles, CA, USA; Wilson official Evo NXT game basketballs with March Madness and Elite 8 and Sweet logo approaches the rim and net at Crypto.com Arena. Mandatory Credit: Kirby Lee-USA TODAY Sports / Kirby Lee-USA TODAY Sports

While the House of Representatives reviews whether student-athletes should not be considered employees of their universities, a group of leaders from smaller schools seeks to rewrite how college athletics is governed.

During the annual convention of the National Association of College Directors of Athletics earlier this month, members of the Football Championship Subdivision and Division I-AAA (schools without football like Gonzaga) proposed a model that gives athletes “more of a say” over governance without resorting to legal action and possibly provide a chance to earn credits toward a degree for athletics, according to a report from the Associated Press.

The goal is to give athletes more authority and treat them like students rather than employees. Earlier this year, the National Labor Relations Board found that Dartmouth had enough control over the men’s basketball players that they met the definition of an employee. The school appealed that case.

The new model looks to take away some of that control schools have over their student-athletes. According to the AP, “potential no-nos” for coaches could be removing a player from the team as punishment or pushing them toward a certain major. Other potential clauses could cover time commitments, rules for appearances off the field and testing for recreational drugs.

The proposal from smaller schools comes less than a week after a U.S. House committee approved a bill that would prevent student-athletes from being considered as employees of a school, conference or governing body like the NCAA. With that, it’s up to the House of Representatives to vote or debate the bill.

There are 128 FCS programs and approximately 90 schools without football that are more basketball-focused programs. The West Coast Conference does not sponsor Division-I football (San Diego fields a football team in the Pioneer Football League). Notably, the Big East is considered a power conference in regard to the league’s success in men’s basketball despite not having football.

While the aftermath of the House v. NCAA case is far from settled, the idea of student-athletes being considered as employees and thus eliminating amateurism in college athletics is a fear shared among leaders of smaller conferences. A report from The Athletic stated that the Johnson v. NCAA case, which argues in favor of student-athletes being classified as employees, could spell doom for some non-Power 5 athletic departments if student-athletes were able to unionize and were subject to minimum wage and overtime pay.

After agreeing to a landmark $2.8 billion settlement on three antitrust cases, the NCAA and its member institutions are seeking other avenues to generate extra revenue and help offset some of the damages. One such way the NCAA is considering is potentially expanding the NCAA Tournament to 72 or 76 teams.

The Big 12 could take matters into its own hands if it follows through on a one-of-a-kind private equity investment that could bring in up to $1 billion from a Luxembourg-based firm. The league is also reportedly considering selling its naming rights to the highest bidder, as is Conference USA, the American and Mountain West.