Scarinci Hollenbeck, LLC
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201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: February 26, 2014
The Firm
201-896-4100 info@sh-law.comIn recent years, college athletes being paid to play has become a major topic of conversation. In fact, I have been asked to speak on this issue at a number of recent events. One of the biggest discussions is expected to be on whether or not NCAA athletes should be paid or compensated for play. With the amount of money made by some athletic programs – USA Today reported the University of Texas brought in $163.3 million in 2011-12 – it would seem like a no brainer – but nothing is ever that easy.
For one, critics of pay-for-play claim that athletes already receive priceless compensation in return for their services – a free education. Leaving school without any student loan debt is certainly desirable, but what happens if a basketball player who was expected to be drafted in the first round gets hurt during the year in which he is required to play in college before jumping to the NBA?
Sure, that player can get insurance while in school, but they have to pay for that policy themselves and it isn’t guaranteed to cover the potential of lost wages. A good first step could be for the NCAA to offer these policies free of charge so there is some protection in place for start athletes while participating in amateur athletics.
Perhaps the biggest issue facing pay-for-play is Title IX, which explicitly states that schools receiving federal funds need to provide females with equal opportunity to compete in sports. So, how does this impact paying college athletes? Essentially, it means that if you are going to pay someone like Johnny Manziel, you also have to compensate a second stringer on the women’s lacrosse team.
The NCAA seems adamant about not paying athletes no matter what, but I don’t think this will be the last we hear about pay-for-play.
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