President Trump signed an executive order aimed at fixing college sports Friday that would give federal agencies authority to cut funding at schools that don’t comply with mandates covering transfers, eligibility and pay-for-play in the rapidly changing industry.
The order is a laundry list of proposed fixes, many of which lawmakers and college leaders have been pushing for since the approval of a $2.8 billion settlement changed the face of games that were once played by pure amateurs.
Among the notable parts of the order was a call to establish “clear, consistent and fair eligibility limits, including a five-year participation window” — an element that could fend off the dozens of lawsuits the NCAA has faced of late.
It also calls for “structured transfer rules,” but offered no specifics for a system that allows players to move around freely, sometimes in the middle of the season, which adds uncertainty to roster building that many consider unsustainable.
As much as the changes he directs, Trump’s call for the Education Department, the Federal Trade Commission and the attorney general’s office to evaluate “whether violations of such rules render a university unfit for Federal grants and contracts” stands out as a proactive way to force change.
Several universities across the country have made policy changes related to diversity, equity and inclusion, transgender rights and even the sorts of courses they teach to comply with federal orders and avoid funding-related showdowns with the government.
At a college sports roundtable last month, Trump said he anticipated any order he signed would trigger litigation. Attorney Mit Winter, who follows college sports law, agreed, saying the order “appears to direct the NCAA to create rules that would likely violate” court orders.
NCAA President Charlie Baker, however, did not signal any intent to litigate, saying Trump’s order “reinforces many of our mandatory protections — including guaranteed health care coverage, mental health services and scholarship protections.”
“This action is a significant step forward, and we appreciate the administration’s interest and attention to these issues,” Baker said. “Stabilizing college athletics for student-athletes still requires a permanent, bipartisan federal legislative solution.”
Trump, in the order, also called on Congress to “quickly pass legislation,” the likes of which has stalled multiple times.
The president’s mandate is likely to set up a situation where the NCAA and schools have to decide whether to follow a federal court order or an executive order, Winter said.
“Federal court orders prohibit the NCAA from making athletes sit out a season if they transfer more than once and prohibit the NCAA from enforcing rules that limit collectives from being involved in recruiting,” he said. “The EO appears to direct the NCAA to create rules that would likely violate both of these court orders. Will the NCAA create rules that do that? And if they do, will schools follow them?
“Either way, we’re likely going to see litigation challenging the EO by athletes and third parties.”
Winter added that the order also appears to urge schools to pay new revenue share amounts.
“Most schools are paying 90-95% of their rev-share funds to men’s basketball and football players,” he said. “And those funds are already promised via contracts signed with those athletes. Will the order purport to make schools not adhere to those contracts?”
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AP Sports Writer Maura Carey contributed.
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