A COA Q&A

It appears no recent NCAA rule change has caught the imagination of the public quite like a possible increase of scholarship limits to cover unitemized expenses in the cost of attending a school. While a new reform movement is underway, cost of attendance is an old friend. Cost of attendance scholarships were last formally proposed in 2002 (Proposal 2002–83-B), but were defeated in favor of allowing athletes to receive other financial aid to cover the gap between a full grant-in-aid and cost of attendance (Proposal 2002–83-A).

Prior to now, it was hard to come up with on opinion of cost of attendance scholarships because we had no idea what the proposal would be. It could have been a relatively minor change to address revenue sports. Or it could have been an exotic proposal for only full scholarship athletes that would have dramatically changed recruiting in equivalency sports. Without knowing what the proposal was among 5–7 options, all you could do was be in favor of the idea in principle or not.

After the presidential retreat, the Board of Directors appointed working groups to address certain issues. In October, the BoD will hear recommendations from the group focused on student-athlete well being. A member of that group, Notre Dame athletic director Jack Swarbrick, let slip what the group was working on. On that note, here’s a Q&A on where the issue stands.

Q: What is the proposal?

A: The proposal is to increase the limit on athletic scholarships from tuition, fees, room, board, and books to the lesser of the cost of attendance or the current limit plus $2,000. In equivalency sports, the amount of the $2,000 would be prorated. The proposal would also be on a conference basis, meaning that a conference would likely need to adopt a conference rule to authorize its members to use the increased scholarship limits.

Q: Are there still some unknowns?

A: Yes. One question is how much freedom coaches in equivalency sports would have. The amount is prorated, but there is no indication if coaches have to give it to athletes. Two examples to compare:

  • A full grant-in-aid is $20,000. A women’s soccer student-athlete receives a $10,000 scholarship. The student-athlete receives an additional $1,000 per year under the new proposal.
  • A full grant-in-aid is $20,000. A women’s soccer student-athlete receives a $10,000 scholarship. The student-athlete receives no additional aid, but the coach has an additional $30,000 (15 x $2,000) to give to other athletes.

Another question is whether athletes will always get cash. A full scholarship football player would get $2,000 unless he has parking tickets or overdue books on his account. But does our women’s soccer athlete above get $1,000 cash, or just another $1,000 toward tuition?

Q: How much would it cost?

Because the proposal covers all sports, cost depends on how many sports an institution sponsors. Stanford’s associate AD of business strategy and revenue enhancement estimated it would cost the school $750,000. Stanford runs the largest athletic department in the country, so that number might be considered to be something of a maximum.

To figure out a rough estimate of cost, we need to figure out the average athletic department. The NCAA’s membership report has the average number of men’s and women’s sports sponsored by FBS, FCS, and non-football institutions. The NCAA’s sport sponsorship and participation report lists which sports are sponsored by the most institutions. So combining the two, we can figure out an “average” athletic department and estimate the costs based on scholarship limits. And those costs are:

  • FBS: $504,400
  • FCS: $436,400
  • Non-Football: $282,400

Obvious in those figures is the effect of football. An FBS football team can expect an increased scholarship bill of up to $170,000 while an FCS program should set aside $126,000. The range for athletic departments that fully fund all their teams would probably be somewhere between $200,000 and $750,000.

Q: What about four-year scholarships?

A: The same working group is also working on a multi-year scholarship proposal. Swarbrick’s comments suggest that four-year scholarships are on the same fast track as the cost of attendance proposal.

Q: What is the next step?

A: The Board of Directors will take up both proposals in October. Most likely is that the Board will forward proposals to the membership for a vote in January. Given the widespread support from both presidents and athletic directors, passage seems likely. The BoD could choose to skip the Legislative Council and adopt the proposals as emergency or noncontroversial legislation. That seems unlikely since the proposal is not one of minimal impact and more debate could improve the proposal. And given the proposal would most likely apply to the next round of scholarships (2012–13) at the earliest, undue hardship is not likely if adoption occurs in January vs. October.

Q: What do you think of the cost of attendance proposal?

A: The reason cost of attendance was not adopted sooner is the wide variations in the gap between cost of attendance and a full grant-in-aid. The National College Players Association calculated gaps of $200 to almost $11,000. The number also represents an amount of cash that athletes will receive and is thought to be subject to manipulation, although that would have far-reaching consequences for all other students at the institution.

A person’s opinion on this proposal is telling as to their attitude toward the NCAA. Ultimately the proposal means more financial aid for student-athletes. This is a good thing. Division I should continually work to provide as much financial aid for as many athletes as possible, so this is just one step in a process that should never end.

College athletics will not be perfected overnight. If that is the measure of NCAA reform, the NCAA is set up for failure. This proposal moves Division I closer to providing the proper amount of financial support for athletes. It does not go all the way, but it is a big step closer. To reject the proposal as inadequate and evidence of the NCAA’s corruption or apathy is to hold the NCAA and its members to an impossibly high standard.

Q: What about the multi-year scholarship idea?

A: It is harder to have an opinion on the multi-year scholarship proposal since there are so few details. There is one reason for pessimism though and it is this quote from Swarbrick:

“The process for nonrenewal of an annual grant probably would look just like the process for terminating a four-year grant.”

That means that a scholarship could be cancelled between years for any reason, just like a scholarship could be nonrenewed for any reason. Multi-year scholarships only work if cancellation is subject to at least the same conditions as canceling a scholarship during the year now. That can only be done for one of five reasons:

  1. The student-athlete renders him- or herself ineligible for competition;
  2. The student-athlete is guilty of gross misconduct;
  3. The student-athlete lies to the university;
  4. The student-athlete quits the team; or
  5. The student-athlete violates a non-athletic, non-medical condition in the scholarship agreement.

Unless these conditions are kept for multi-year scholarships, the change is mostly administrative. Scholarships would not need to be renewed from year to year, but could be cancelled in between academic years. It would be a net loss for student-athlete welfare, since currently the actual contract an athlete or prospect signs must be for one year only.

Four years is also a bit of a red herring. After one year, five years, six years, or until graduation make the most sense. The five-year clock is the most important eligibility rule in Division I, and six years is the federal standard for earning a bachelor’s degree. But four years is no less arbitrary than $2,000 and under the right circumstances would be as much an improvement for student-athletes, so I will not complain about four vs. five vs. six.

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office.

About John Infante

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office. If you’re a coach, do not attempt to contact the author looking for a second opinion. If you’re a parent, don’t attempt to contact the author looking for a first opinion. Compliance professionals are by their nature helpful people generally dedicated to getting to the truth. Coaches should have a bit of faith in their own, and parents should talk to one directly.

Realignment’s Effect on the NCAA

Conference realignment in the NCAA has generally resulted in more conferences. When the Southwest Conference folded, Conference USA was created out of it. The Mountain West Conference was created when the Western Athletic Conference (the original 16 team football conference) split in two. Conference movement is a constant across all of Division I. Since 1985, only 1992–93 saw no conference movement.

A lot of how the NCAA works seems to be geared toward steady growth in member institutions and member conferences. When the size of Division I grows, a lot of things happen almost automatically. Tournaments expand, the governance structure grows and shifts, and the administrative needs of Division I are reassessed.

When the number of conferences shrink, what happens is less clear. Nothing needs to happen. If a conference disappears, but not its member institutions, that just means another at-large bid is available to tournaments where the conference qualified for automatic qualification. The conference can be removed from the governance structure, which may not even affect all committees and cabinets. This is a feature of the way the NCAA operates. This allows the very autonomous institutions of the NCAA to shift around without toppling the structure above.

The current events may necessitate action. The conferences that might cease to exist would be among the largest and most powerful conferences in the governance structure. At some point realignment driven by football may be deemed to be too much for multi-sport conferences and the idea of an institution being a member of one conference for most sports could end.

Votes in the Legislative Council would be substantially changed. If the number of large FBS conferences dropped to four, it would mean that without another change, six votes are lost in the Legislative Council. The four superconferences would have a majority on FBS issues and one would assume be able to vote as a bloc more effectively with four rather than six constituencies. But on issues facing all of Division I, the FBS conference would lose their majority. All 20 FCS and non-football conferences would need to be united and it would only be a small majority, but it would be a shift in the delicate balance.

The way votes are distributed amongst the Division I conferences means consensus tends to rule the day. The Legislative Council rarely votes on “party line” and legislation is rarely adopted via a close vote. Generally a consensus is found or proposals are modified before going to a coin-flip vote. There’s value to maintaining the current legislative structure and distribution of votes since it has seemed to produce a legislative process that serves the needs of the greatest number of institutions. It also appears good for student-athletes. In 2010–11, the Legislative Council voted against the Student-Athlete Advisory Committee position only three times.

Going back to institutional voting would radically change how the NCAA is governed but it might be necessary. Voting would be less about consensus and more about majorities since the same type of debate would be impossible. One could see the end of the Legislative Council as a voting body, with institutions getting together to discuss legislation (formally or informally) but voting and institutional positions managed online. Groups like NACDA (and its affiliates) and coaches associations would become more important in developing legislative positions.

If multi-sport conferences disappear, that could mean more conferences than institutions, as every sport looks to rebuild the structure provided by today’s conferences. Conference based governance would be impossible, changing the relationship between the NCAA and its members. Without a middleman, the NCAA would deal with institutions on an individual basis. That would roll back the delegation of some functions to conferences, like administering medical hardship waivers (a.k.a medical redshirts) and the reporting of the most minor violations.

Pretty much everyone in college athletics wishes this round of conference realignment is over. With such major changes possible, the hope is that a period of stability will follow. I agree with President Emmert that an “NCAA Commissioner” deciding who will be in what conference is not likely and not a positive. There might be a role for the NCAA to establish a more formal, national process for when and how institutions change conference affiliation.

Once the dust settles on conference realignment though, the effect at the national level needs to be sorted out. That means this is both an opportunity for major change and unanswered questions presenting a possible hurdle to reform. Either way, these conference changes are more likely to be the first act rather than the final one.

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office.

About John Infante

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office. If you’re a coach, do not attempt to contact the author looking for a second opinion. If you’re a parent, don’t attempt to contact the author looking for a first opinion. Compliance professionals are by their nature helpful people generally dedicated to getting to the truth. Coaches should have a bit of faith in their own, and parents should talk to one directly.

NCPA Presents Good Question, Hints At More Radical Change

The struggle over whether to pay college athletes is relatively simple. Or at least, it is compared to the struggle over what to pay college athletes. Proposals to allow a greater degree of compensation to college athletes are a dime a dozen and it is easy to find objections to a specific proposal. This is actually a positive. It means the NCAA is getting enough right that it is hard to change and please a substantial majority of people.

The recently released study by the National College Players Association and Drexel University’s Department of Sports Management is one of the most detailed and well-executed pay-for-play proposals in recent memory. It offers a detailed plan that addresses multiple issues. It offers a plan to see these reforms turned into actual change. And it offers no shortage of data in support of the proposal.

However, the NCPA paints a very different vision for Division I athletics that most college athletes, fans, and administrators are used to. In making a series of assumptions, the NCPA study embraces a cynicism that is hard to go along with even given the quality of the proposal and the data to support it. If the NCPA wants its proposal to be taken seriously by stakeholders in the NCAA and the rest of college athletics, it must address these issues.

Major League Pay in the Minor Leagues

One of the tried and true criticisms of the NCAA is that the association is operating minor leagues for the NFL and NBA, either through implict acceptance or outright conspiracy. Which is why I find it confusing that alternate revenue models default to collectively bargained revenue sharing agreements that are only common in the major leagues. I’ve covered this issue before, but if any pay-for-play system developed in college athletics, it seems more likely it would resemble minor league or developmental pay, rather than major league pay.

Calling a collectively bargained revenue split “the free market” is also something of a misnomer, especially when citing a number that was simply offered one side in a negotiation. A collective bargaining agreement restricts the free market in order to make it a more competitive market. In a free market, the Miami Heat might have paid the Big Three more and had a different and better compensated supporting cast.

Finally, the study does not address a very important exception to the NBA and NFL revenue splits. High school seniors–and in the NFL college freshmen and sophomores–are offered 0% of the revenue. No matter what the NCAA is offering, it is better than nothing. Absent evidence that the NCAA wanted this situation and helped bring it about, that discrepancy must be addressed before anointing the results of a CBA process as fairer than the NCAA legislative process where student-athletes do have a voice, whether you belief it is sufficient or not.

The True Value of Being a Student-Athlete

The NCPA study takes pains to focus the conversation on the immediate status of student-athletes. This prevents the pay-for-play debate from moving into the realm of the value of an education or the dollar figure that should be attached to instruction from coaches. It makes for a much simpler and more practical debate.

The study takes the value of room and board, essentially the living expenses provided to student-athletes, and measures it against the national poverty line. The study generally finds a full scholarship wanting. However, the study did not take into account the additional financial aid or benefits that are available to student-athletes, not counting the portion of the NCAA’s revenue distribution earmarked for student-athletes (that is a seperate issue).

In addition to room and board, student-athletes receive a number of other benefits. While institutions cannot provide clothing at their discretion, what is available to student-athletes for “practice or competition” is interpreted rather broadly. When a student-athlete is on the road or starting the night before a home game, meals can be provided. Not to mention that a full-grant in aid covers the academic year (typically 8–9 months) while the poverty line is based on the entire year and the other months (semester and summer break) can be covered by another source (vacation period expenses or summer aid).

On top of that, there is additional aid. Federal grants, state grants, scholarships, and need-based aid. All of this helps fill the gap between a full grant-in-aid and the cost of attendance. Admittedly, the best organization to undertake a comprehensive study of what full scholarship student-athletes are paying out of pocket taking into account this additional “income” is the NCAA. And while the NCAA should make that study a priority (and likely will given that the membership is currently debating this issue), that does not mean these sources of financial aid and basic necessities for student-athletes can be ignored.

The Cure Cannot Be As Bad As The Disease

One source of assistance for student-athletes in meeting the gap between the full grant-in-aid and cost of attendance is the Student Assistance Fund. The study is dismissive of the SAF, claiming it is an element of control over student-athletes.

It is entirely reasonable to say the SAF is not enough, and could not be enough no matter how well-funded. It is also reasonable to disagree with the SAF regulations, which allow the money to spent on student-athletes in ways other than providing direct benefits to individual athletes. It is even reasonable to suggest that institutions should direct more of the SAF money to revenue-sport athletes, although I vehemently disagree with that position.

It is not reasonable to not give the NCAA and its members credit for the SAF. If the scholarship gap is a practical problem, millions of dollars that can go to student-athletes to fill that gap cannot be discredited or worse vilified. It puts the NCAA in an impossible Catch–22. Provide the money and the NCAA is a “welfare state” using the money to control student-athletes. Don’t provide the money and the NCAA is hoarding revenue that student-athletes helped earn. Outside income is either a philosophical issue separate from the scholarship gap or the scholarship gap is not a practical student-athlete welfare issue. It cannot be both.

Defunding Non-Revenue Sports

I have to start by giving credit where credit is due. Most arguments for NCAA reform fail right off the bat because they have not considered basic questions about what college athletics should look like. How many schools should be in the top level of college athletics? How many sports should they sponsor? How many athletes should be competing on the same level for the same rewards?

The NCPA has thought about these questions. While it is not explicit, the focus on the scholarship gap suggests the NCPA does not mind a smaller Division I. While I may be reading too much into this and other NCPA studies, it seems reasonable to say the organization believes institutions in Division I should be able to fully finance their student-athlete’s educations. What is explicit is how many sports institutions should be sponsoring at the highest level, in this case men’s basketball, football, and just enough women’s sports to meet the school’s legal obligation under Title IX.

Saying institutions should only invest in non-revenue sports what is legally required or the bare minimum necessary to field a team is asking the NCAA and its members to embrace a cynical view of intercollegiate athletics. That college sports should be run as a profit-maximizing enterprise and under-performing business units shuttered or defunded.

That claim requires more than simply a statement that concludes non-revenue sports are lavish excesses. To justify taking money away from programs where coaches rarely make millions and where new money is often spent improving the student-athlete experience, you need an explanation of why only football and men’s basketball players deserve a well-funded, elite athletic experience.

Small Reforms, Massive Tweaks

The NCPA’s report is one of the better and more detailed studies of economic issues facing student-athletes. It has shortcomings but those do not detract from the larger point. Colleges could provide more to their student-athletes within the principles the NCAA has established. Of the reforms offered, the NCAA has committed to exploring all but two: deregulation of athletically related income and Congressional action (which if the current reform movement bears fruit would not be necessary).

As soon as non-revenue sports are presented as a source of funding for these reforms, this ceases to be about fixing one system and becomes a call for a new system. One where expanding opportunities for women, training Olympic athletes, and providing educational opportunities for more athletes is seen as a negative. It is no longer about holding the NCAA accountable for the association’s own mission. It is about fundamentally changing college athletics. When the two are confused, no honest or productive conversation about reform can occur.

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office.

About John Infante

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office. If you’re a coach, do not attempt to contact the author looking for a second opinion. If you’re a parent, don’t attempt to contact the author looking for a first opinion. Compliance professionals are by their nature helpful people generally dedicated to getting to the truth. Coaches should have a bit of faith in their own, and parents should talk to one directly.

“Untouchables” Still a Bit Unobtainable

After Yahoo! Sports released its investigative report of the alleged extra benefits and recruiting scandal at Miami, former NFL agent Josh Luchs endorsed an idea that comes around every few years. Whether you house them in the athletic department or not, compliance officers are employees of the university, subject to the possibility of any number of ethical dilemmas. Luchs suggests the NCAA pay for and place compliance officers at schools. As employees of the NCAA, they cannot be fired by the school for doing their job, thus solving many of those ethical dilemmas.

Let’s assume the logistical issues could be solved. Working as an NCAA-employed compliance officer on campus would be like a State Department or FBI field office assignment. You move every couple of years until you made it to the national office in Indianapolis. Attracts a certain type of person, but that’s part of the goal here. There is still a Good, Bad, and Ugly to this type of system.

The Good

The biggest benefit would be a much simpler and more consistent major infractions process. Lack of institutional control and failure to monitor charges would not exist. The NCAA would now be in control and it would be the NCAA’s responsibility to monitor. Beyond the actual violations, the only questions would be how many people subverted the monitoring systems the on-campus staff had in place, and how severe should the show-cause orders be.

The Bad

The biggest drawback is that the majority of these NCAA positions would be new positions, not replacement or reassignment of existing staff. There are some compliance responsibilities an NCAA staff member on campus cannot perform. Decisions about whether to file a waiver, arguments for mitigation in student-athlete reinstatement cases, and how the Student Assistance Fund is managed should be made by university staff.

And if the NCAA is permanently represented on campus, expect schools to “lawyer up,” so to speak, by retaining or hiring their own compliance staff. That’s great if you’re in the compliance industry. But whether this is paid for with new or existing money, it means that money is earmarked for a larger administration rather than for a better student-athlete experience.

The Ugly

A system of permanent on-campus NCAA staff creates a more adversarial system. One big benefit of an adversarial system is that it sets very clear motives and roles. It’s my belief you get a better compromise when two people with clear and opposing motives are forced to come to an agreement. But we’re not talking about negotiation here. We’re talking about the enforcement of rules by the authorities.

In that case you get less compromise and more argument. If coming to a compromise takes a long time, winning an argument takes longer. And while that arguing is going on, innocent student-athletes and coaches will be caught in the middle. That means longer reinstatement cases and a slower secondary infractions process.

There’s a role for a long-term presence by the NCAA on an institution’s campus when something goes wrong. Probation and parole is overseen by a probation officer, not the judge. Failing an external audit should mean having to allow the NCAA to come in for a year or two to fix the issues. At the very least, that should be the pilot program before changing the relationship between the schools and the NCAA in a way that cannot be undone if it doesn’t work.

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office.

About John Infante

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office. If you’re a coach, do not attempt to contact the author looking for a second opinion. If you’re a parent, don’t attempt to contact the author looking for a first opinion. Compliance professionals are by their nature helpful people generally dedicated to getting to the truth. Coaches should have a bit of faith in their own, and parents should talk to one directly.

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