Congress has introduced even more legislation to stop the runaway freight train that is collegiate athletics. The latest legislative effort is aimed at a Dartmouth Student Athlete lawsuit, among others. The student-athletes have sued to unionize and become university employees. Congress is trying to thwart the Dartmouth effort and other similar efforts across the country. As many Division I student-athletes become, essentially, paid professionals, lawsuits will continue to surface until there is legally approved guidelines and rules. Until the NCAA and collegiate athletics have a strong commissioner, bargaining arm and an antitrust exemption, these lawsuits will continue unabated.

Following a Dartmouth lawsuit In February, the National Labor Relations Board (NLRB ) regional director Laura Sacks declared the 15 men’s basketball players at Dartmouth College are school employees within the meaning of the National Labor Relations Act. Those players then voted to unionize through the Service Employees International Union Local 560. Dartmouth has thus far refused to bargain with these employees and is hoping the agency’s board will find the players are not employees.

The House committee will examine H.R. 8534, dubbed the “Protecting Student Athletes’ Economic Freedom Act.” The bill would deny college athletes the chance to be declared employees of their colleges, conference, or the NCAA. Since labor law requires that union members be employees, H.R. 8534 would also prevent college athletes from unionizing. This would head-off the Dartmouth student-athlete effort and other similar legal actions in the system.

It is unclear if the Senate and House will support this bill nor is it assured that the President will sign off on the legislation. In the interim, universities and the NCAA will continue play whack-a-mole until there are standardized, legally acceptable revenue-sharing and compensation vehicles in place for student-athletes.

In other news, the judge has not yet signed off on the final $2.8 billion NCAA settlement agreement which pays athletes damages going back to 2016. Since then, 10 members of the North Carolina State’s 1983 National Champion basketball team are suing the NCAA over the loss of Name, Image and Likeness compensation which could open yet another unprecedented can of worms.

Will it ever end?

Add cord-cutting, donor fatigue, and a growing gap between the revenue have’s and have nots and the future of university-sponsored athletics is murky at best.

We continue to believe D1 private universities hold their fate in their own hands. One-third of Division I members are private institutions. The answer for them (excluding the 11 private Power Four universities) is to form a new athletic division and establish their own rules, compete in regional conferences and have their own media rights and championships. Read about it here.

If some kind of order (antitrust exemption) is not established soon, expect a number of university chancellors and presidents to say ‘no more’ and exit Division I sports altogether.

Can you blame them?