A lawyer arguing for the NCAA said a finding that student-athletes are employees “launches you on the edge of a slippery slope that rapidly takes you to someplace that you don’t want to go.”
Lawyers for the student-athletes said that weekly, they often spend 30 hours or more on their sport and often need money for expenses, even if they are on full scholarship. And they believe in the millions that are spent on coaches, college administrators and facilities — and the billions that networks pay to televise college sports.
The NCAA urged the court to uphold the tradition of college athletes being unpaid amateurs. Critics of the pay-for-play scheme also fear the cost could lead schools to cut sports that don’t generate as much or any revenue while sending more resources to their profitable football and basketball programs.
Katz also said the scholarships could become taxable if the students are deemed employees. And he questioned how teams would function if some students were “paid employees” on scholarship while walk-ons without a scholarship were not. “Maybe that’s where we end up — that the quarterback at the SEC school is an employee and the woman who’s running cross-country track at Alabama, they’re not an employee,” McKee said.
Willemin, arguing for the students, said the NCAA burdens athletes with rigid rules on gambling, earning outside income and free speech while their school teams further restrict their choices by controlling their class schedule, study halls and at times even their college major. The NCAA could loosen its grip on student-athletes and the case might go away, he suggested.
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