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Let’s Just Abolish The Cap On Athletic Scholarships

Over the weekend, The Miami Herald ran an op-ed that I wrote titled, NCAA’s $2,000 boost to scholarship-athletes: too little, but a start.  While I am in favor of the recent decision by the NCAA, which will allow conferences to permit their member schools to offer an additional $2,000 in grants, per year, to its student-athletes, I argue that it is a far cry from the type of system that should exist.  However, we will never enjoy that optimal system so long as the NCAA continues to wield any influence over college sports.

Here is a section of the op-ed:

If a blue-chip, five-star recruit is weighing his options, deciding between attending Florida State University, the University of Florida, and University of Miami, why should the University of Miami not have the power to provide whatever amount of money required to get a commitment from that player? What is the problem with compensating a student-athlete based on the true value that he is projected to bring to the institution that seeks his service?

I know, abolishing a cap on athletic scholarships is a pipe dream. The NCAA will never get behind such a plan, because it would make college sports look too much like professional sports. In professional sports, there is no claim that the participants are operating under a cloak of amateurism. That cloak currently allows the NCAA to retain its tax exempt status under Part 7, Chapter 25, Section 26 of the IRS Manual, which states in part: “Under circumstances where such payments do destroy the amateur status of an athlete under the rules of the relevant sanctioning body, the organization cannot qualify for the exemption.”

There is too much profit at stake for the NCAA to consider getting rid of the cap entirely.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.