The uncertainty around college athletics continues to pose unique challenges for smaller institutions, like those found in the NAIA. While higher-profile concerns, such as eligibility limitations, transfer behavior, and NIL, continue to make headlines, another issue that would significantly impact NAIA members would be the removal of non-employment provisions for student-athletes.
As college athletics reform has become a hot topic in Congressional circles, many of the priority issues relate to the commercial nature of NCAA DI athletics. However, removing the non-employment provisions would be particularly devastating to small colleges, as applying a general employment model would cost significantly more than the current scholarship model.
Codifying student-athletes as non-employees solidifies the long-standing nature of college athletics. Removing this protection will leave small colleges dangerously exposed. Many institutions would be forced to abandon athletics simply because the programming would no longer be financially viable. This would be devastating for many NAIA institutions and other small colleges that rely on athletics to keep their doors open.
Obviously, the impact of non-employment provisions would be different for NCAA DI programs. However, with many DII and DIII institutions similar to those in the NAIA, this decision would impact a significant number of higher education institutions, regardless of athletic affiliation. Of the four-year institutions that sponsor athletics, more than 80% compete in the NAIA or NCAA DII/DIII.
NAIA leadership team members recently met with legislators in Washington, D.C., to discuss topics related to intercollegiate athletics, including the importance of specific language in the SCORE Act or similar legislation that makes it clear that student-athletes are not employees. We have also been invited to serve on a U.S. Senate HELP (Health, Education, Labor, and Pensions) Committee panel on March 10th, an event at which we will have the opportunity to answer questions directly from U.S. Senators.
The NAIA is honored to be included in these discussions with congressional leaders, and we look forward to representing the voices of small colleges on this important issue. If you would like to reach out to representatives on behalf of your institution, we welcome the support. (A form letter can be downloaded here.)
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