Archives: Uncategorized

Subscribe to Uncategorized RSS Feed

Compliance Considerations for Colleges and Universities Prior To Eliminating Sports in the COVID-19 Era

One of the worst developments of the COVID-19 pandemic has been its impact to college sports and the unfortunate sacrifice of athletics programs across the country affecting all levels of NCAA and NAIA competition. Since March, hundreds of collegiate varsity programs have been discontinued, with more cuts likely coming. Eliminating a varsity sport is never … Continue Reading

NCAA Division III Approves Blanket Student-Athlete COVID-19 Waivers for 2020-21 Seasons

A week after the NCAA Division III Membership Committee encouraged institutions to make the best decisions for their student-athletes’ “happiness, health and safety,” the Division’s Administrative Committee has provided some administrative relief for institutions should the ongoing impact of  COVID-19 affect 2020-21 seasons of athletic competition. Two blanket waivers have been approved for all Division … Continue Reading

Ivy League Reinforces Its Commitment to Student-Athlete Safety With Cancellation of Fall Sports Amid COVID-19 Spikes

Once again, the Ivy League has sent a loud and clear message regarding COVID-19 to the college community. The Ivy League presidents have cancelled all intercollegiate sports until at least January, becoming the first Division I conference to officially suspend its fall semester football schedule in the midst of the coronavirus pandemic. The league has … Continue Reading

Senators Plan to Introduce Federal Legislation to Eliminate Use of COVID-19 Student-Athlete Liability Waivers

Connecticut Senator Richard Blumenthal and New Jersey Senator Cory Booker plan to formally introduce legislation, the “College Athlete Pandemic Safety Act,” to eliminate the ability of colleges and universities to use liability waivers as a basis for student-athletes to return to campus and resume training activities. Reacting to the growing number of schools, including Ohio … Continue Reading

Universities and Professional Sports Franchises Face Potential Of Unintended Legal Exposure For Well-Intentioned Employment Decisions

Despite the ongoing changes to the workplace in response to the COVID-19 pandemic, one thing remains unchanged: federal EEO laws and their role in the workplace. As colleges and universities and professional sports organizations make plans for the resumption of play in the next couple of months, university presidents and league officials must address their … Continue Reading

Florida Senator Rubio Introduces Federal Name, Image, and Likeness Legislation

Although Florida Governor Ron DeSantis has just signed into law Florida’s state name, image and likeness legislation, Florida U.S. Senator Marco Rubio has introduced proposed federal legislation to address concerns regarding the ever increasing number of states introducing legislation addressing the name, image and likeness rights for student-athletes within their states. Sen. Rubio’s proposed legislation, … Continue Reading

Ohio State University Requires COVID-19 Risk Waiver Execution Before Allowing Return to Voluntary Workouts

The ongoing COVID-19 pandemic is requiring athletic departments at all NCAA levels to plan for their fall 2020 athletic schedules while taking all necessary steps to keep their athletes safe. In addition to requiring its returning football players to submit to a COVID-19 test, Ohio State University has asked all the players on their football … Continue Reading

NCAA Announces Response to Expanding State Name, Image, and Likeness Legislation with Proposed Changes to Bylaws

Following the cancelation of the winter sports championships and the calendar of spring athletic events due to the COVID-19 pandemic, the NCAA is hoping to reset for the 2020-2021 academic year with a full slate of college football and other fall sports in September. While the NCAA and its members have been focused on student-athlete … Continue Reading

UPDATE: NCAA Rejects Blanket Waiver of Minimum Sports Requirement in Midst of COVID-19

The NCAA Division I Council has rejected the efforts of the leaders of five Division I Conferences (the American Athletic, Mountain West, Mid-American, Sun Belt, and Conference USA conferences) who collectively had asked the NCAA for a blanket waiver on behalf of 27 of the 32 NCAA Division I conferences to eliminate its current requirement … Continue Reading

Lost Revenue from COVID-19 Crisis Prompts Colleges, Universities to Urge NCAA Waiver

Even as some states claim the immediate effect of the COVID-19 pandemic is starting to plateau, the potential financial impact of the pandemic on college athletics is just starting to emerge. As college and universities assess potential budget shortfalls as a result of the $375-million loss of their portion of revenue distribution following the cancellation … Continue Reading

#UnitedAsOne Campaign: NCAA and Its Member Schools Create Resource for COVID-19 Information, Updates

Out of the uncertainty and chaos of the cancellation of the NCAA Winter championships and Spring seasons caused by the coronavirus (COVID-19) pandemic, digital and social media leaders at a small group of 50 schools came together to launch the #UnitedAsOne campaign to show unity and support for all student-athletes in college sports. In less … Continue Reading

NBA May Reduce Players’ Salaries Due to COVID-19 Shutdown

On March 11, 2020, the National Basketball Association (NBA) suspended its season due to the coronavirus (COVID-19) pandemic. Now, the League is considering reducing or withholding players’ salaries after the April 1, 2020, payday. The NBA originally hoped to resume its season at some point in June, possibly without fans in attendance. However, as COVID-19 … Continue Reading

NCAA Grants Additional Eligibility to Spring Athletes Affected by COVID-19

The NCAA Division I Council has voted to allow schools to permit spring sport student-athletes an additional season of competition and an extension of their five-year period of athletic eligibility on account of the coronavirus (COVID-19) pandemic. While it had previously announced that it would consider and potentially adopt modifications, changes, or waivers to current … Continue Reading

MLB and Its Players Agree to Terms for Potential Resumption of Play Amid COVID-19 Pandemic

The coronavirus (COVID-19) pandemic has silenced all major sports leagues. Instead of the anticipated opening of the 2020 Major League Baseball (MLB) season during the last week of March, MLB and the Major League Baseball Players Association (MLBPA) announced agreement on the specific terms governing the potential beginning of a coronavirus delayed start to the … Continue Reading

The Force Majeure Clause-The New Relevance of the Forgotten Contract Clause

The recent surge of the COVID-19 pandemic and its catastrophic effect on worldwide events has put the standard contract clause, “force majeure,” in new light. A force majeure clause, French for “superior force,” is a negotiated contract provision that allows either party to a contract to suspend or terminate the performance of its personal contractual … Continue Reading

NCAA Will Consider Eligibility Relief for Student-Athletes Affected by COVID-19 Participation Ban

While colleges, universities, and student-athletes across the country continue to react to the ramifications of the sudden and unprecedented cancellation of the NCAA National Men’s and Women’s Basketball Championship, as well as cancellation of the collegiate spring sports competitive seasons for sports (including baseball, men’s and women’s lacrosse, softball, and men’s volleyball), the NCAA has … Continue Reading

NFL Players Association Executive Committee Member Files ULP Against Own Union and Its Leaders

Russell Okung, a current NFL player and member of the National Football League Players Association’s (NFLPA) executive committee, has filed an unfair labor practice (ULP) charge with the National Labor Relations Board (NLRB), alleging the union has threatened retaliation against its own members and violated its own constitution by forcing a full-member ratification vote of … Continue Reading

NCAA Representatives Testify on Capitol Hill Urging A Consistent National Approach to Athlete Name, Image, and Likeness Compensation.

Governor Gavin Newsom and the California legislature shook up the collegiate sports landscape with the introduction and passing of legislation allowing college athletes to benefit from their name, image, and likeness (NIL) in 2019. Several states have followed California’s legislative lead and proposed similar legislation—with some duplicating the exact terms of the California law, up … Continue Reading

As The NCAA Formulates Options, More States Opt To Use Legislation As The Solution For Name, Image and Likeness Rights

While NCAA President Mark Emmert addressed the attendees at the NCAA Convention in Anaheim, California, he acknowledged the issues currently facing the NCAA with regard to name, image and likeness compensation rights for student-athletes. Emmert stated, “2020 can’t be a year of business as usual. We’ve got to double down on the opportunities that we … Continue Reading

Virginia Considering Student-Athlete Name, Image and Likeness Legislation

Virginia has joined the ever-expanding number of states to introduce proposed legislation that would permit student-athletes to benefit from the marketing of their name, image and likeness. In fact, three individual bills have been introduced for consideration by the 2020 General Assembly, all of which would allow collegiate athletes to be compensated for the commercial … Continue Reading

Pending State Bills Propose to Limit The Ability of Transgender Student-Athletes to Compete

Several states have introduced legislation to require transgender student-athletes at the elementary and secondary school levels to compete only in their sex assigned at birth, not based on their gender identity. While more than a third of states allow transgender students to compete on teams based on their gender identity, legislators in several states (including … Continue Reading

Federal Legislators Form Working Group To Address Student-Athlete Name, Image and Likeness Rights

In a long awaited, but highly anticipated step, a group of United States Senators has announced the formation of a bipartisan working group to assist with ongoing discussions regarding compensation for student-athletes relating to their name, image and likeness. The working group, whose initial members will include Senators Cory Booker (D-NJ), Chris Murphy (D-Ct), David … Continue Reading

Former College Athlete Sues NCAA, Member Schools for Student-Athlete Pay

Following the NCAA’s recent policy announcement to allow current student-athletes to benefit from the use of their name, likeness and image, a former college athlete has filed a class and collective action complaint against the NCAA and 23 member schools for failing to pay student-athletes. Former Villanova football player Ralph “Trey” Johnson filed a suit … Continue Reading
LexBlog