Student-Athlete Myth and Amateurism

A Little UK Background

• Stoll Field on UK’s campus has been in use since 1880.

• Concrete stands opened in 1916.

• It closed in 1972, and Commonwealth Stadium became the home of the Wildcats.

• It is the site of the first recorded football game played in the South.

• In the first game in 1880, Transylvania University beat Centre College 13 ¾-0.

• McLean Stadium was the site of the first football game of the newly formed SEC on Sept. 30, 1933.

• The Cats beat Sewanee 7-0.

Origins of Amateurism in College Sports

• In the late 1800s and early 1900s, college sports were seen as a key component of education.

• Most athletes (and college students) were middle or upper class.

• The goal was to use sports to develop strong men of high moral character.

• Most professional sports leagues did not exist at that time.

• The year 1906 was one that forever changed college sports as we know it.

• Originally called the Intercollegiate Athletic Association of the United States, it formed in 1906 at the insistence of President Teddy Roosevelt.

• In 1905, after a college football season that ended in the deaths of 18 students and severe injuries to 150 more, 62 member schools formed the IAA.

• The IAA’s main purpose was to regulate college sports and ensure that the players were treated fairly and kept safe.

• By 1910 it became National Collegiate Athletic Association and had rule-making power that included amateurism and eligibility issues.

• The group’s website describes the NCAA as “dedicated to the lifelong well-being and success of college athletes.”

Walter Byers (1951)

• Walter Byers became the NCAA’s first full-time employee in 1951.

• He secured major television deals for college football, which changed everything in college athletics.

• Under Byers, the NCAA seized power to license all member games to television and limit the number of games to be broadcast.

• Athletic directors originally worried that football games being available on television would hurt attendance at games.

• Television networks could only broadcast one “Game of the Week” until a Supreme Court ruling in 1984 said that the NCAA’s television plan violated federal antitrust law.

• This ruling allowed individual conferences to negotiate their own television contracts.

NCAA v. Board of Regents of the University of Oklahoma (1984)

• A key case related to the control of football television rights that went all the way to the Supreme Court.

• The court ruled in favor of the colleges and allowed schools and leagues to sell whatever games they could, a decision that resulted in a vast expansion of games on television and money pouring into college athletic departments and football conferences.

• Even though the NCAA lost that case, it pointed to the language in that ruling that says the NCAA rules prohibiting athletes from being paid to play are essential if its “product” — amateur college sports — is to be available at all.

• The NCAA grew exponentially under Byers in good ways and bad.

• When he retired, the NCAA had more than 1,000 member schools and recognized 74 national champions in men’s and women’s sports.

• The NCAA then employed a full-time staff of 143 and had a budget of 100 million.

• The staff now hovers around 500, and there are more than 1,100 member institutions.

• The number of championships is 90, and revenue in 2019 was more than 1 billion.

• While Byers did a lot of innovative, interesting stuff in college athletics, his invention of the term “student-athlete” has had a lasting, complicated legacy.

• Byers admitted to crafting the phrase because it was an excellent legal defense against the NCAA being held responsible for workers compensation benefits that those injured in athletic competitions could seek.

National Student-Athlete Day

• Today, the term “student-athlete” is intended to carry with it the nobility of amateur athletics that the NCAA epitomizes.

• Originally, it was a good protection for keeping those carried off the field from suing the schools.

Dennison Case (1955)

• While competing as an offensive lineman for Fort Lewis A&M, Ray Dennison took a knee to the head, which shattered the base of his skull and eventually killed him.

• His widow filed for death benefits since her husband’s death was the result of his work while serving as an employee of the school.

• The NCAA and Fort Lewis A&M took her to court in what is arguably one of the most important cases in intercollegiate athletics history.

• The NCAA’s argument went like this: Dennison was a student-athlete, and therefore could not be an employee. As a student, and not an employee, his widow was not eligible for benefits of any kind.

• The court agreed with the NCAA and ruled against Dennison’s widow, solidifying the trinity of student-athlete, amateurism, and intercollegiate sport for decades to come.

• The NCAA legal team coined the term to prevent not only paying the Dennison family, but also future generations of college athletes looking for worker’s compensation or for pay-for-play.

Amateurism

• Amateurism is an idea that has evolved over time in college athletics.

• 1906 — Amateurism was defined when the NCAA was founded.

• 1948 — Athletic scholarships were strictly prohibited.

• 1956 — Athletic scholarships were permitted.

• 2014-15 — Cost of attendance stipends were allowed, increasing the value of athletics scholarships beyond education.

• There’s a lot to know and understand about name, image and likeness.

• Legally, those are the elements that make up an individual’s right of publicity.

• It didn’t start on the basketball court, but in a court of law.

O’Bannon v. NCAA (2014)

• Former UCLA basketball player Ed O’Bannon argued his right to his public image, seeking compensation for his image being used in an EA Sports college basketball video game.

• His lawsuit argued that after graduation, a former student athlete should become entitled to financial compensation for NCAA's commercial uses of their image.

• The court deemed that the NCAA could remedy the situation by offering full scholarships that cover the cost of attendance for athletes, including stipends for cost of living that weren’t currently being offered.

NCAA vs. Alston (2021)

• The case began in March 2014 on behalf of former West Virginia football player Shawne Alston. It’s an extension of the O’Bannon case from a different angle.

• The lawsuit argues that the NCAA’s restrictions on eligibility and compensation violate federal antitrust laws because the restrictions prevent college athletes from receiving fair- market compensation for their labor.

• Name, Image, Likeness wasn’t at issue in the Alston case and falls under a different area of law, but it sent shockwaves and likely sped up all of the NIL laws in states around the country.

• In a 9-0 decision, the Supreme Court said the NCAA cannot place nationwide limits on academic-related benefits athletes received.

• They ruled that the restrictions violated federal antitrust law.

July 1, 2021

• July 1, 2021 was a pivotal date in college sports.

• Six states, including California, Florida and Texas, all had NIL legislation ready to take effect on July 1, 2021 that granted college athletes NIL rights.

• The NCAA is still hoping that Congress will pass a federal NIL law that supersedes any state laws that might develop.

House v. NCAA (2025)

• The plaintiffs in the case include former swimmer Grant House (Arizona State), women’s basketball player Sedona Prince (Oregon) and football player Tymir Oliver (Illinois).

• The antitrust action seeks compensation in the form of backpay resulting from them being deprived the commercial use of their name, image and likeness by NCAA amateurism regulations prior to July 1, 2021.

• The case could potentially eliminate all remaining NCAA rules that limit student-athletes' NIL activity, such as the one that prevents them from being compensated for their athletic performance.

• The plaintiffs argued that the NCAA’s members restrained the market for college athlete NIL, while exploiting athlete NIL in both media rights and sponsorship deals that brought in billions of dollars for the NCAA and its members.

• In May, the parties settled. They agreed to 2.8 billion in damages to former college athletes and 22% of Power 4 school’s revenues.

• That amount is estimated at more than 20 million annually per school for future revenue sharing, which will increase as college athletic revenues increase.

• On April 23, judge gave the defendants 14 days to reach an agreement on the gradual implementation of roster sizes or risk outright rejection of the landmark settlement.

• The NCAA will continue to lobby Congress to pass national legislation protecting the organization and its members from antitrust litigation.

• Those efforts will heat up once again.

A Little UK Background

• Stoll Field, located on the University of Kentucky’s campus, has a rich history dating back to 1880, initially serving various purposes before becoming a significant landmark for UK athletics.

• Concrete stands were erected in 1916, marking a notable upgrade to the facilities and enhancing the spectator experience.

• The stadium officially closed in 1972, transitioning the home of the Wildcats to the larger and more modern Commonwealth Stadium, which could accommodate growing crowds and provide updated amenities.

• Stoll Field holds historical importance as the site of what is recognized as the first recorded football game played in the South, adding prestige to its legacy.

• In this inaugural game in 1880, Transylvania University achieved a decisive victory over Centre College with a score of 13 ¾-0, setting the stage for future collegiate rivalries.

• McLean Stadium played host to the first football game of the newly formed Southeastern Conference (SEC) on September 30, 1933, further cementing UK’s role in college football history.

• The Wildcats emerged victorious against Sewanee with a score of 7-0 in that historic SEC debut.

Origins of Amateurism in College Sports

• In the late 1800s and early 1900s, the prevailing view considered college sports an integral part of a student’s overall education, emphasizing character development and physical fitness.

• The majority of athletes and college students at the time came from middle or upper-class backgrounds, reflecting the socio-economic demographics of higher education.

• The primary objective was to leverage sports as a means to cultivate strong, morally upright men, aligning athletic participation with broader educational goals.

• The landscape of professional sports was quite different during this era, with most professional leagues not yet established, underscoring the prominent role of college sports.

• The year 1906 marked a pivotal moment that fundamentally reshaped college sports, leading to significant reforms and regulations.

• Originally named the Intercollegiate Athletic Association of the United States (IAAUS), the organization was formed in 1906 at the urging of President Teddy Roosevelt, who sought to address concerns about the safety and integrity of college sports.

• This initiative followed a particularly alarming 1905 college football season, which resulted in 18 student deaths and severe injuries to 150 more, galvanizing 62 member schools to form the IAAUS.

• The primary mission of the IAAUS was to establish and enforce regulations for college sports, ensuring fair treatment and safety for the athletes involved.

• By 1910, the organization evolved into the National Collegiate Athletic Association (NCAA), gaining rule-making authority over amateurism and eligibility criteria, shaping the structure of college sports.

• The NCAA’s official website articulates its ongoing commitment to the well-being and success of college athletes throughout their lives, emphasizing a holistic approach to their development.

Walter Byers (1951)

• Walter Byers assumed the role of the NCAA’s first full-time employee in 1951, a landmark appointment that professionalized the administration of college sports.

• Byers was instrumental in securing lucrative television deals for college football, fundamentally transforming the financial landscape and exposure of college athletics.

• Under Byers' leadership, the NCAA asserted its authority by licensing all member games for television broadcast and imposing limits on the number of games aired, consolidating control over media rights.

• Initially, athletic directors expressed concerns that televising football games would negatively impact attendance at the stadiums; however, the increased visibility brought unprecedented revenue.

• Television networks were restricted to broadcasting only one “Game of the Week” until a Supreme Court ruling in 1984 challenged the NCAA’s television plan, citing violations of federal antitrust law.

• The Supreme Court's decision in 1984 dismantled the NCAA’s monopoly, enabling individual conferences to negotiate their own television contracts, leading to a proliferation of televised games and increased financial benefits for athletic programs.

NCAA v. Board of Regents of the University of Oklahoma (1984)

• This landmark case revolved around the control of football television rights and reached the Supreme Court, with significant implications for college sports governance and revenue distribution.

• The Supreme Court sided with the colleges, affirming the right of schools and leagues to independently sell their games, resulting in a substantial increase in televised games and financial influx for college athletic departments and football conferences.

• Despite the NCAA’s defeat in this legal battle, the organization emphasized language within the ruling that upheld the necessity of NCAA rules prohibiting player compensation to maintain the integrity of amateur college sports.

• The NCAA experienced substantial growth under Walter Byers, marked by both positive advancements and considerable challenges, shaping the organization into a major force in college athletics.

• By the time of Byers’ retirement, the NCAA had expanded to include over 1,000 member schools, recognizing 74 national champions across men’s and women’s sports, demonstrating its extensive reach and influence.

• The NCAA’s administrative capabilities grew significantly, with a full-time staff of 143 and a budget of 100 million, reflecting the increasing complexity and financial scale of college sports.

• Currently, the NCAA employs approximately 500 staff members and comprises more than 1,100 member institutions, underscoring its continued expansion and administrative demands.

• The number of championships has risen to 90, and revenues in 2019 exceeded 1 billion, highlighting the immense financial stakes and commercialization of college sports.

• Walter Byers’ creation of the term “student-athlete” has had a lasting and complex legacy, shaping the legal and ethical dimensions of college sports.

• Byers acknowledged that the term was strategically crafted to provide a robust legal defense against potential workers' compensation claims from athletes injured during competitions, illustrating the tension between athletic participation and employment rights.

National Student-Athlete Day

• The term “student-athlete” is now commonly associated with the ideals of amateur athletics that the NCAA promotes, emphasizing the educational and personal development aspects of sports participation.

• Originally, the term served as a protective measure to shield institutions from legal liabilities arising from athlete injuries, highlighting the evolving interpretations and implications of the term.

Dennison Case (1955)

• Ray Dennison, an offensive lineman for Fort Lewis A&M, sustained a fatal knee injury during a game in 1955 that resulted in a fractured skull and his subsequent death.

• His widow sought death benefits, asserting that her husband’s death was a direct result of his activities as an employee of the school, leading to a significant legal challenge.

• The NCAA and Fort Lewis A&M contested the claim, leading to a landmark case in intercollegiate athletics history that questioned the status and rights of college athletes.

• The NCAA’s legal argument centered on the assertion that Dennison was a student-athlete and, therefore, not an employee, thus disqualifying his widow from receiving any employment-related benefits.

• The court sided with the NCAA, reinforcing the legal precedent that student-athletes were not employees, affirming the principles of amateurism and its impact on athletes’ rights and protections.

• The NCAA legal team’s coining of the term aimed to prevent not only compensating the Dennison family but also to preemptively counter future claims from college athletes seeking worker's compensation or pay-for-play arrangements.

Amateurism

• Amateurism has undergone significant evolution in college athletics, reflecting changing perspectives on compensation, scholarships, and the value of athletic participation.

• 1906 — Amateurism was formally defined with the establishment of the NCAA, setting initial parameters for participation and compensation.

• 1948 — Athletic scholarships were initially prohibited, underscoring the emphasis on amateurism and the separation of financial aid from athletic abilities.

• 1956 — Athletic scholarships were permitted, marking a shift towards recognizing and supporting athletes’ contributions, while still adhering to certain restrictions.

• 2014-15 — Cost of attendance stipends were introduced, augmenting the value of athletic scholarships and addressing athletes’ living expenses beyond tuition and fees.

• Understanding name, image, and likeness (NIL) rights is essential given the recent changes and legal developments in college sports.

• Legally, NIL rights encompass the elements that constitute an individual’s right of publicity, protecting their identity and commercial potential.

• The origin of NIL rights can be traced back to legal precedents rather than solely athletic contexts, highlighting the intersection of law and sports.

O’Bannon v. NCAA (2014)

• Ed O’Bannon, a former UCLA basketball player, initiated legal action asserting his right to control and receive compensation for the use of his public image, particularly in an EA Sports college basketball video game.

• O’Bannon’s lawsuit contended that former student-athletes should be entitled to financial compensation for the NCAA’s commercial exploitation of their images following their graduation.

• The court determined that the NCAA could address the issue by providing full scholarships that cover the cost of attendance for athletes, including stipends for living expenses that were not previously included.

NCAA vs. Alston (2021)

• The Alston case, originating in March 2014 with former West Virginia football player Shawne Alston, extended the legal arguments presented in the O’Bannon case from a different standpoint.

• The lawsuit challenged the NCAA’s restrictions on eligibility and compensation, asserting that they violated federal antitrust laws by preventing college athletes from receiving fair market compensation for their labor and contributions.

• While Name, Image, and Likeness rights were not directly at issue in the Alston case, the ruling sent shockwaves through college sports and accelerated the enactment of NIL laws in various states.

• In a unanimous 9-0 decision, the Supreme Court ruled that the NCAA could not impose nationwide limits on education-related benefits for athletes, affirming the athletes’ rights to receive fair compensation.

• The Supreme Court’s decision stated that the restrictions violated federal antitrust law, paving the way for greater athlete compensation and benefits.

July 1, 2021

• July 1, 2021, was a watershed moment in college sports, as several states implemented NIL legislation, granting college athletes new rights and opportunities.

• Six states, including California, Florida, and Texas, had NIL legislation ready to take effect on July 1, 2021, allowing college athletes to profit from their name, image, and likeness.

• The NCAA continues to advocate for a federal NIL law to supersede state regulations, aiming to establish consistent and uniform guidelines for NIL rights across the country.

House v. NCAA (2025)

• The plaintiffs in this case include former swimmer Grant House (Arizona State), women’s basketball player Sedona Prince (Oregon), and football player Tymir Oliver (Illinois), representing a diverse group of college athletes.

• This antitrust action seeks compensation in the form of back pay for the deprivation of commercial use of their name, image, and likeness resulting from NCAA amateurism regulations before July 1, 2021.

• The case could potentially eliminate all remaining NCAA rules that limit student-athletes' NIL activity, such as preventing them from being compensated for their athletic performance.

• The plaintiffs argued that the NCAA’s members restrained the market for college athlete NIL, while exploiting athlete NIL in media rights and sponsorship deals that generated billions of dollars for the NCAA and its members.

• In May, the parties reached a settlement, agreeing to 2.8 billion in damages to former college athletes and allocating 22% of Power 4 school’s revenues.

• This amount is estimated at more than 20 million annually per school for future revenue sharing, with increases anticipated as college athletic