National College Players Association files civil rights complaint with U.S. Departmen

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Rudybryan
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National College Players Association files civil rights complaint with U.S. Department of Education against Division I schools

Harry Lyles Jr.
ESPN Staff Writer

The National College Players Association (NCPA) has filed a civil rights complaint with the U.S. Department of Education's Office for Civil Rights, asserting that more than 350 Division I colleges are violating Black students' civil rights by imposing a collusive athlete compensation prohibition.

The organization says that because a high percentage of Black students are also college athletes at these schools, the industrywide compensation limit causes a disparate impact on Black college students.

The NCPA says its position is bolstered by U.S. Supreme Court Justice Brett Kavanaugh's opinion in the NCAA v. Alston lawsuit, which stated in part, "... the NCAA and its member colleges are suppressing the pay of student athletes who collectively generate billions of dollars in revenues for colleges every year ... But the student athletes who generate the revenues, many of whom are African American and from lower-income backgrounds, end up with little or nothing."



"This multibillion college sports enterprise imposes discriminatory practices that disproportionately harms Black athletes, while predominantly White coaches and administrators make millions of dollars," NCPA executive director Ramogi Huma said in a statement. "College athletes throughout predominantly White sports receive fair market compensation, but athletes in the only predominantly Black sports (FBS football and men's and women's basketball) do not. All college athletes should have the opportunity to receive fair market pay. This can happen without cutting any sports. Colleges would just have to spend a bit less on coaches' salaries and luxury facilities."

The statement included comments from several athletes, including Stanford wide receiver Elijah Higgins, who said: "... it's important to first acknowledge the reality of the business that is college football. Then, recognize how the structure inhibits those (disproportionately Black) athletes from tapping into the money they generate with their skillsets, abilities, and hard work."

Last month, the NCPA launched its #JforJustice advocacy in pursuit of fair compensation (including scholarships for Ivy League athletes), improved Title IX compliance transparency and enforcement, enforcement of health and safety standards, and preservation of all sports. The complaint filed Tuesday is a part of the campaign.

During a meeting earlier this month, NCPA athlete leaders and supportive experts encouraged the U.S. Department of Education to enforce civil rights laws to address NCAA colleges' discriminatory treatment of Black and female college athletes.

"We need help from the U.S. Secretary of Education Miguel Cardona to make progress. This is the 50th anniversary of Title IX but the sexual abuse and harassment of college athletes on campus is rampant, and there are still 100,000 fewer female college athletes than male college athletes. A lack of transparency makes it difficult to know which colleges are violating Title IX, college athletes don't know their rights, and sexual predators and those who enable them too often victimize college athletes for years," Kaira Brown, a women's track athlete and leader of the Black college athlete organization at Vanderbilt said in a statement.

The NCPA took the first step in the #JforJustice campaign on Feb. 8 by filing unfair labor practice charges against the NCAA, the Pac-12, UCLA and USC to gain employee status and fair compensation for FBS football players and Division I men's and women's basketball players.
Rudybryan
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Government should view FBS college football players, Division I men's, women's basketball players as school employees, according to advocacy group's complaint

Feb 8, 2022
Dan Murphy
ESPN Staff Writer

A college athletes advocacy group filed a labor complaint Tuesday afternoon asserting that the federal government should view all FBS-level football players and Division I men's and women's basketball players as employees of their schools.

The National College Players Association submitted its claims to the Los Angeles-based regional office of the National Labor Relations Board. It names USC, UCLA, the Pac-12 Conference and the NCAA as employers who are unfairly restricting the rights of their employees -- college athletes. If the complaint is successful at the end of a process that often takes many months if not years to complete, every college athlete in the NCAA's three most profitable sports would be considered an employee of their schools. The NCAA would no longer be able to place limits on how or how much schools pay their athletes.

"College athletes meet the definition of employees under labor law," said Ramogi Huma, the executive director of the NCPA. "...These athletes deserve every right afforded to them under labor laws -- just like other hard-working Americans."

The NCAA is firmly opposed to making college athletes into employees, viewing them instead strictly as students who compete in sports as part of their educational experience. The organization's members approved a new constitution last month that reiterated the stance that athletes at NCAA schools "may not be compensated by a member institution for participating in a sport."

An NCAA spokesperson declined to comment on Tuesday's claims. A spokesperson from USC provided a statement from the university that said the school was aware of the charge and is reviewing it.

"College athletics at USC is part of the comprehensive set of opportunities we offer students as part of their educational experience, and we deeply value our talented students who participate in USC's athletic programs. We always consider what is best for our students as individuals and support their success in many ways, including through scholarships and by providing academic and other support," the statement said.

UCLA and the Pac-12 also declined to comment.

The complaint is the latest in a flurry of recent legal attempts to reshape how athletes can profit from the billions of dollars generated by college sports on an annual basis. In the last year, the Supreme Court and an increasing number of lawmakers have suggested it might be time to redefine the relationship that colleges have with their athletes. Huma and his group argue that college athletes meet the federal definition of an employee because they receive compensation due to their athletic skills and they "perform their work under extensive control" of their schools.

Jennifer Abruzzo, the general counsel of the National Labor Relations Board, published a memo in September that said she agreed that some college athletes ought to be considered employees. Her comments were viewed by some sports law experts as an invitation for anyone to challenge the NCAA in the wake of the Supreme Court's unanimous decision this past June to uphold a ruling against the association. Abruzzo's position doesn't guarantee success for this kind of complaint. Her office would potentially serve in a role akin to a prosecutor arguing on behalf of athletes in front of a five-member panel if the case moves forward.

The NCPA's charges are the second complaint filed against the NCAA since Abruzzo published her memo. The College Basketball Players Association, an advocacy group started by former University of Minnesota regent Michael Hsu, filed a similar complaint in November to the NLRB regional office in Indianapolis. The Indianapolis office has not yet decided if it will take on the case.

The NCPA played an active role in encouraging state legislatures to change their laws to open the door for college athletes to make money from third-party endorsers. Huma, a former UCLA football player, was also involved in helping Northwestern football players, led by quarterback Kain Colter, to petition to form a union at their school in 2015. That attempt to redefine college players as employees fell short of its goal when the NLRB's five-member panel opted to dismiss their petition.

Public sentiment and the compensation that athletes can now receive from their schools have both changed significantly since Northwestern's unionization attempt. Huma says this new complaint is also different because Abruzzo is willing to view the NCAA and conferences (not just individual schools) as potential employers. Since the NLRB doesn't have jurisdiction over government-run entities such as public universities, the ability to consider athletes as employees of the NCAA allows for the first time the possibility that players at all public and private schools could be considered employees.

ESPN Staff Writer Kyle Bonagura contributed to this report.
Bucketrunner
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Time to end the disparity and have the percentage of athletes decided by the percentage of the population. Problem solved.
Rudybryan
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Bucketrunner said:

Time to end the disparity and have the percentage of athletes decided by the percentage of the population. Problem solved.
That will ruin someones day!
taxpreparer
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AG

Quote:

"We need help from the U.S. Secretary of Education Miguel Cardona to make progress. This is the 50th anniversary of Title IX but the sexual abuse and harassment of college athletes on campus is rampant, and there are still 100,000 fewer female college athletes than male college athletes.
And, as trans start taking more women's spots, there will be even fewer female athletes.

One, you cannot make women participate in sports, and
Two, I know of no women's sport that carries as many athletes on a roster as a football team.
***It's your money, not theIRS! (At least for a little while longer.)
McKelveysCurse
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Bucketrunner said:

Time to end the disparity and have the percentage of athletes decided by the percentage of the population. Problem solved.
A forced/controlled breeding program would do that one better, with the goal being 1 single race.
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