RALEIGH, N.C. — It has been a week since the House settlement with the NCAA changed everything about college athletics forever, and yet nothing has really changed.
As earthshaking as the agreement is, to dole out billions in back pay to former college athletes while opening the door to “revenue sharing” — a phrase concocted to give plausible denial that this isn’t just the semi-pro operation — universities have been planning for this for so long, the actual finalization of the lawsuit and implementation of its provisions actually amounts to business as what is now usual.
Six months ago, North Carolina’s term sheet with Bill Belichick specified $13 million of UNC’s roughly $20.5 million revenue-sharing pool would go to football, at a time when that wasn’t even technically legal yet. And the ink on Judge Claudia Wilken’s signature was barely dry before the NCAA and the power conferences started leaking drafts of favorable legislation in Congress. Their lobbyists have been waiting years for this moment.
All of this has been coming for a long time, and only a dispute over players who were losing their scholarships and roster spots delayed the actual settlement until June. The reality had set in long ago.
The House settlement isn’t perfect. There are major potential Title IX issues and real concerns over what scholarship caps might do to sports that have traditionally had big rosters like track and swimming. The fact that a big part of the back pay for former athletes is coming from NCAA basketball tournament revenue while the College Football Playoff doesn’t pay a dime shifts the financial burden unfairly from big football schools to everyone else.
It is, however, better than nothing. It ushers in a new world of college sports, one where athletes can be openly paid by their universities on top of whatever NIL deals they can still gather, one that’s long overdue. For one thing, all the money that used to change hands under the table will be in plain view now. Sunshine is the best disinfectant.
For another, athletes long ago deserved a piece of the bags of money they generated for athletic directors, coaches, administrators, contractors, vendors, lawyers and everyone else who suckled at the sugar teat of a college-athletic industrial complex built on free labor. College athletes always had value, even if the world pretended they did not. Now they can actually collect.
It took a long time for that edifice to fall, and now that it has, none of the fear-mongering from petty tyrants trying to safeguard their turf has come true. Former Big Ten commissioner Jim Delany once said his conference would have to drop to Division III if the O’Bannon lawsuit went through. For real! You know what came out of the O’Bannon lawsuit? Cost-of-attendance payments for players and a long-awaited college football video game that was the best-selling game of last year! The Big Ten seems OK!
Amateurism was always a scam. The ideal of the amateur was created by the British gentry to avoid having to compete against the lower classes, who couldn’t afford to row or play rugby as a hobby. Professionals started competing in the Olympics decades ago and the world kept right on spinning. There was never any reason why you couldn’t be a student and an athlete and get paid to do it.
Teaching assistants get paid. Students with work-study jobs get paid. Natalie Portman appeared in Hollywood blockbusters without compromising her eligibility for Harvard student drama. The only reason athletes were different was because there was so much money coming in that the adults wanted to keep all the profits for themselves. The only reason the NCAA bureaucracy as we know it exists is because those adults didn’t trust each other not to cheat and pay them anyway.
There is going to be more upheaval as everyone adjusts to this new world, even with a headstart, and a lot of the things fans like least about the past few years of college athletics aren’t going to change right away. The transfer portal isn’t going anywhere, although the ability to pay players directly may lead to more mutually beneficial arrangements that somewhat dilute the current annual free-agency system.
There’s a way to fix all that, by moving toward some sort of collective bargaining with athletes that sets terms of pseudo-employment everyone agrees upon. The NCAA would rather push through legislation that sets those terms unilaterally post-House now that it senses favorable winds on Capitol Hill. But House, for all its faults, is a step in the right direction and long overdue. If it doesn’t feel like much has changed yet, it’s because so much already has.