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Vanderbilt Journal of Entertainment & Technology Law

John R. Maney

First Page

279

Abstract

In 2009, the Knight Commission, which addresses major problems facing intercollegiate athletics, polled the presidents of the Football Bowl Subdivision schools (I-A schools) about their views on the state of financial affairs in college athletics. Less than 25 percent of those polled thought intercollegiate athletics was sustainable in its present form. As a result, the Commission recommended a series of reforms to help maintain the health of collegiate athletics. Unfortunately, the Commission did not poll the presidents of Football Championship Subdivision schools (I-AA schools). They should have polled those presidents because the I-AA schools' fiscal health is worse. In 2010, only five I-AA schools had minimal profits in football as compared to the large profits of sixty-nine I-A schools. Football is the largest moneymaking sport in college athletics and, unlike basketball, I-AA schools have unfairly been prevented from competing for, and playing in, the Division's highest national championship and in its elite postseason bowls. I-AA schools are also excluded from the conferences with billion-dollar TV contracts that distribute millions to I-A schools. To correct these inequities, this Article argues that the National College Athletic Association (NCAA) should adhere to its constitutional principle of competitive equity and should amend its bylaws to eliminate the I-A/I-AA distinction. If self-reform is not possible, this Article argues that Congress should amend the antitrust laws and scrutinize the tax law covering non-profit organizations. If neither the NCAA nor Congress is willing to provide relief, I-AA presidents should follow the recent lead of the National Basketball Association players and seek antitrust relief through the courts.

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