Mit Winter Featured in Article Discussing NCAA’s Constitutional Convention
Kennyhertz Perry attorney Mit Winter was featured in a Front Office Sports article discussing a new draft constitution the NCAA will consider today during a constitutional convention. The draft constitution was created in an effort to modernize the NCAA’s model for college athletics. Among the items discussed in the draft constitution are name, image, and likeness (NIL) rights for NCAA athletes, giving more power to the NCAA’s three divisions, and a reorganized enforcement process.
One item that the NCAA refused to budge on in the draft constitution is whether college athletes can be paid by their school. It states that NCAA athletes “may not be compensated by a member institution for participating in a sport.” As the article notes, and as Mit discussed, this language could be problematic for the NCAA in future antitrust lawsuits:
It’s a bold move for the NCAA to put amateurism in writing because of the Alston decision, which found not only that education-related restrictions violated antitrust law, but also that other compensation limits could be illegal, too.
“It’s like playing chicken with the courts,” Ehrlich said.
The text might not be an antitrust violation in itself, Kennyhertz Perry sports attorney Mit Winter told FOS. But in future lawsuits, “this line would be great evidence for the plaintiffs to point to.”
In addition, the draft constitution continues the NCAA’s use of the term student-athlete, which was called into question earlier this year by the National Labor Relations Board’s general counsel. Mit noted that this could also result in legal issues for the NCAA:
But in September, NLRB general counsel Jennifer Abruzzo released a memo saying that if a complaint is lodged against the NCAA, she’ll say “student-athlete” misclassifies some athletes who could be considered employees. A complaint was filed just last week, Bloomberg reported.
In the constitution draft, however, the athletes themselves insisted on using the phrase, according to Sportico.
It’s possible they have created their own associations with the label, Ehrlich said, or even agree with an “education-first model…especially outside of the revenue sports.”
But from a legal perspective, athletes might not understand the “potential significance of continuing to use that term,” Winter said.
To read this article in full: https://frontofficesports.com/newsletter/fos-college-convention-day/
More About Kennyhertz Perry’s Collegiate Sports Practice Group
The need for an attorney experienced in collegiate athletics has never been higher. From assistance with compliance, eligibility, scholarship, and transfer issues, to advice and representation relating to the newly emerging name, image, and likeness laws and legislation, universities, conferences, coaches, and college athletes often need an attorney to advocate on their behalf and to assist and advise on these types of issues.
The team at Kennyhertz Perry is uniquely suited to guide universities and college athletes through all of these types of issues with respect to the multitude of rules and laws set forth by the National Collegiate Athletic Association (NCAA), National Junior College Athletic Association (NJCAA), National Association of Intercollegiate Athletics (NAIA), and the National Federation of High School Athletic Associations (NFHSAA).
The attorneys at Kennyhertz Perry all have years of experience advocating for clients in high stakes matters and advising them on related issues. In addition, and most importantly, attorney Mit Winter is a former Division I scholarship basketball player with extensive experience working on collegiate athletics legal matters. Mit has first-hand experience in understanding the pressures and demands faced by college athletes both on and off the field, and has represented a number of sports-related clients in his practice, including the Big 12 Conference, Conference USA, and the NCAA.
Mit is widely regarded as an expert in collegiate sports law and frequently writes on these legal issues. He is also the founder and chairman of the Kansas City Metropolitan Bar Association’s Sports and Entertainment Law Committee and serves as a Regional Captain in the states of Kansas and Missouri for the Sports Lawyers Association’s (“SLA”) Outreach Committee.
Kennyhertz Perry’s college sports practice provides representation to those who are seeking an attorney with expertise to advise them on the myriad legal and compliance concerns prevalent in college athletics today. To learn more about the firm, visit kennyhertzperry.com.
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