Congress Has an Opportunity to Provide Stability in College Sports

COMMENTARY

Times are changing in the increasingly complex world of college athletics. Since the 2021 Supreme Court ruling granting student-athletes the ability to benefit from their name, image and likeness, we’ve seen a series of developments that have reshaped the landscape of college sports.

In most instances, these changes have proven beneficial to student-athletes and represented steps in a positive direction. However, some of the proposed changes currently at the forefront of the discussion risk undermining much of the progress that has been made in recent years.

With each new court case, state law or agency ruling, it becomes increasingly apparent that there remains only one solution to enshrine the benefits of student-athletes while also safeguarding against harmful policies or rulings. 

That solution is federal legislation. 

Following a ruling by the National Labor Relations Board deeming Dartmouth College’s men’s basketball players employees of the university, student-athlete employment status has become one of the most pressing issues facing college sports.

It potentially provides the most existential harm to the future of many college athletics programs. While some argue in favor of categorizing student-athletes as employees of their institution, the vast majority of stakeholders — from those in university administrations to the student-athletes themselves — understand just how harmful this could be.

For example, deeming student-athletes as employees could cripple athletic departments and result in dozens of sports programs closing down due to the financial strain. Should this happen, the lost educational opportunities for student-athletes would be immeasurable, with female and Olympic sports athletes being those most likely to be affected.

At a time when the momentum in college sports is shifting toward expanding opportunities for young men and women, granting student-athletes employment status would run counter to that recent trend.

In addition to protecting student-athletes from being deemed employees, federal legislation can also accomplish several additional goals that will help ensure all college sports remain positioned for success.

A main feature of a federal bill should be to provide preemption for state laws, which as of now are sporadic, disjointed and confusing for all parties to navigate. 

Ambitious state legislators are racing to pass laws that provide a competitive advantage to schools within their state lines, and this behavior will cause further deterioration of our college athletics system if there isn’t an overarching law of the land that applies broadly to all institutions and competitors.

Federal legislation could also codify much of the progress that has been made in recent years.

Whether through the recent NCAA settlement, or any of the transformative policy changes that have come about in the past decade advancing student-athlete welfare, codifying advancements for student-athletes would help make many of these provisions and policies permanent. 

It is in the best interest of student-athletes, from all sports and across all levels, for Congress to pass legislation that will preserve these benefits and provide a stable vision that secures their future ability to compete on a level playing field. 

Legislators on Capitol Hill seem as eager now as ever to address many of these problems and provide some clarity to the college sports landscape moving forward. Now is the time to capitalize on that momentum and get bipartisan legislation through both chambers of Congress and signed into law. 

College sports are a fundamental part of the fabric of our country, and the opportunities they provide young people to get an education and change their lives is second to none. It’s time for Congress to step up and secure those opportunities for all the deserving future student-athletes. 

Tony Lane is a former UNLV Runnin’ Rebels power forward and former congressional candidate for Nevada’s 4th Congressional District. He can be reached on X.