College athletics, which is changing faster than it takes to run a 100-meter dash, has been transformed into the Wild West and is nearly taking away all of the NCAA’s power.
Because of recent court rulings, the NCAA has lost control of the kingdom. That’s partly because students earned the right to receive money from collectives through the use of their NIL (Name, Image, Likeness) to generate cash. Most athletes do not receive money from collectives.
According to On3 NIL Valuation, Shedeur Sanders — the son of CU Boulder’s Coach Prime — has an estimated worth for the next 12 months of $4.7 million, a stunning total for a college athlete. Expect to see more of the same. On Tuesday, Colorado consolidated its NIL collective with the launch of the 5430 Alliance. The collective believes it needs a budget of over $8 million to “put Colorado on a path to compete with the big boys around the country.”
After the establishment of NIL, Division I decision-makers gave schools the right to control the transfer portal, which is the ability of an athlete to transfer every year and not lose eligibility. Courts have ruled that the NCAA can’t control the transfer portal.
All this change has turned college football and basketball upside down.
In February, in another groundbreaking move, the Dartmouth College men’s basketball players voted to form a union. This unprecedented decision marked a pivotal moment not just for Dartmouth’s players but also for student-athletes nationwide as they seek a greater say in their rights and welfare.
While amateurism in college sports isn’t dead yet, it took one of the most substantial steps toward the grave. That’s when Laura A. Sacks, regional director of the National Labor Relations Board (NLRB) ruled that Dartmouth players are indeed employees. Her reasoning was that “Dartmouth has the right to control the work performed by the men’s varsity basketball team, and because the players perform that work in exchange for compensation.”
The National Labor Relations Act of 1947, which regulates private-sector labor disputes, said the players were able to vote on conducting a union election. The students voted in favor, 13-2. The players will be able to bargain for wages, hours and working conditions with the university. This is just the beginning. The appeal process is expected to take months.
The push for unionization is not solely about financial remuneration. It encompasses a wide range of issues, including health and safety protections, scholarship guarantees, and a voice in decisions that affect their lives on and off the court. By forming a union, the Dartmouth men’s basketball players seek to establish a formal mechanism through which they can negotiate with the college on these and other matters.
Now, the Dartmouth players are represented by Service Employees International Union Local 560, which already represents some workers employed by Dartmouth. The school immediately filed an objection to the election results, and it’s still moving through the system. But even if Dartmouth loses its case, it has the right to appeal a negative decision.
The University of Southern California is holding hearings in Los Angeles to determine whether the men’s football and men’s and women’s basketball players, should be deemed employees. The hearings will conclude in April.
At the heart of the matter is the question of compensation and benefits for all student-athletes who, while ostensibly amateurs, generate significant revenue for their schools and the NCAA through ticket sales, merchandise and broadcasting deals.
The Wall Street Journal notes the University of Michigan paid $75 million to coaches and staff in 2022, compared with $33 million on athletes’ aid and meals.
Jim Harbaugh, the former head football coach at Michigan, is on record as recently as last August calling for all football players and other athletes should receive a portion of the sports-related revenue they help universities generate.
The reaction to the Dartmouth players’ vote has been mixed. Supporters hail it as a bold step forward in the fight for student-athlete rights, arguing that it is long overdue. They point to the billions of dollars generated by college sports, and the stark contrast between the lavish facilities and salaries of top coaches with the relatively modest support provided to the athletes. Union advocates believe that collective bargaining could help to redress this imbalance, ensuring that players receive a fairer share of the wealth they help to generate.
Furthermore, Dartmouth’s basketball players are shining a light on the need for improved health and safety standards in college sports. Athletic programs are notoriously demanding, with student-athletes often pushing themselves to the brink of injury — or beyond. By forming a union, players are not just seeking a seat at the negotiating table for financial matters.
The dynamics of college sports have evolved dramatically through the years, with television deals and sponsorships transforming what were once simple campus activities into multibillion-dollar enterprises. Amidst this financial bonanza, the student-athletes have seen little change in their own status or benefits. The Dartmouth basketball players’ decision to unionize throws this stark imbalance into sharp relief, challenging the status quo and demanding a reconsideration of what fairness means in collegiate athletics.
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For decades, the debate over whether college athletes should be considered employees has simmered, with the NCAA and its member institutions steadfastly maintaining the stance that these young men and women are students first, athletes second. However, the Dartmouth basketball players’ decision to unionize challenges this long-standing perspective.
The outcome of this struggle could have far-reaching implications, heralding a new era in the relationship between college athletes and the institutions they represent.
It’s time the NCAA and college administrators must admit that pay for play is alive in college sports.
Jim Martin chaired the CU Athletics Subcommittee for eight years and taught Sports Law for many years at CU and the University of Denver. He can be reached at jimmartinesq@gmail.com. This column was first published in the Boulder Daily Camera.
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