Why can't college athletes get paid?

The NCAA justified the rules on two grounds:

• Fans would lose interest in the games if the players were professional athletes.

• Limiting compensation to capped scholarships ensures that college athletes remain part of the college community.

More recently, several college athletes playing in the NCAA's highest divisions have protested the restrictions placed on their ability to be compensated for third parties' use of their names, images, and likenesses.

During the 2021 NCAA Division I basketball tournament, several players wore shirts bearing the hashtag "#NotNCAAProperty" to show support for college athletes.

Following the decision in NCAA versus Alston, the NCAA enacted a temporary policy allowing college athletes the following:

• Student athletes are now able to sign endorsement deals, profit from their use of social media, and receive compensation for personal appearances and signing autographs.

• If they attend a school located in a state that has enacted NIL legislation, they are subject to any restrictions present in those state laws. As of mid-August 2021, 40 states had enacted laws governing NIL contracts for college athletes.

• If their school is in a state without such a law, the college or university will determine its own NIL policies, although the NCAA prohibits pay-for-play and improper recruiting inducements.

• Student athletes are allowed to sign with sports agents and enter into agreements with school boosters so long as the deals abide by state laws and school policies.

In response, the presidents and other leaders of colleges and universities that field Division I sports have not yet responded to the changes in college athlete compensation other than to reiterate that they do not operate for-profit sports franchises.

However, the NCAA requires that Division I sports programs be self-supporting, in contrast to sports programs at Division II and III institutions, which receive funding directly from their schools.