College sports in America are facing significant legal challenges. Nearly 150 federal and state lawsuits are questioning various NCAA rules that support the current system of college athletic competition. This system has been thriving for over a century, blending commercial and educational elements distinct from professional sports models.
Professional leagues like the NBA and NFL consist of privately owned, for-profit clubs. These clubs employ unionized athletes and focus on a single sport. In contrast, the NCAA includes 1,075 nonprofit colleges and universities across three divisions, offering diverse athletic competition levels. These institutions support 24 intercollegiate sports, hosting over 90 national championship events each year for men, women, and coed teams.
NCAA athletes are full-time students. They must meet academic standards to participate. In the 2024-25 season, NCAA schools sponsored approximately 20,000 teams, providing over 554,000 participation opportunities for student-athletes. Historically, only men’s basketball and FBS football in Division I generate surplus revenues. These profits support other sports, including women’s and Olympic events. Fewer than 3% of NCAA athletic departments manage to cover their expenses with revenues, primarily in Division I Power Four conferences like the ACC and SEC. Less than 2% of college athletes turn professional afterwards.
Since the NCAA’s inception in 1906, over five million athletes have competed in college sports, often with higher graduation rates than their peers. However, frequent school transfers may threaten these rates. The Protect College Sports Act aims to safeguard the commercial and educational model of college sports. It stipulates that only student-athletes meeting academic requirements, not professional athletes, can compete. Eligibility is capped at five years, generally for those 24 or younger.
This act also seeks to maintain high graduation rates by allowing only one transfer without eligibility loss. It protects students by prohibiting any athletic department influence over academic choices. Athletic performance or injury cannot impact scholarship status, with a private right of action for any violations. Former student-athletes are entitled to financial educational assistance equal to their scholarships for ten years post-eligibility.
Nationally uniform laws would let athletes earn from their Name, Image, and Likeness (NIL), replacing over 30 varied state laws. Payments over $600 annually must be disclosed. NIL deals exceeding fair market value compared to non-college endorsements are prohibited. Antitrust immunity is granted for enforcement of these rules.
Starting July 2025, under the House antitrust settlement, Division I athletes may receive individual payments from universities. Initially, up to $20.5 million per school is allocated annually, increasing to an estimated $32.9 million by 2034-35. The Protect College Sports Act extends the revenue-sharing cap with inflation adjustments, preventing circumvention and protecting its legal enforcement.
The act allows schools to exceed the cap by up to $22.5 million annually for retaining athletes and an additional $5 million for women’s and Olympic sports. Besides preserving the educational model, it aims to foster competitive balance through standardized rules and safeguards against gambling and doping. Congress can stabilize college sports by ratifying the Protect College Sports Act, countering the disruptive effects of varying state legislations and judicial interventions.
Matthew Mitten is a law professor and senior advisor at Marquette University Law School’s National Sports Law Institute.
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