Despite NCAA regulations prohibiting sports wagering for money, 26 percent of male student-athletes report doing just that, with 8 percent gambling on sports at least monthly. Of particular concern is the culture surrounding golf, where on-course wagering is considered a normative aspect of the experience.
While sports wagering in the US has skyrocketed over the past several months, perhaps one issue has been overlooked that is now drawing some concern. Last Thursday an NCAA official voiced opinion regarding sports betting on the performance of individual college athletes while suggesting that gambling regulators consider restrictions on such wagers, known as proposition wagers, to protect the. Sports Wagering Activities NCAA legislation prohibits SDA student-athletes and staff members from gambling or wagering on any sport (amateur, professional, or otherwise) in which the NCAA conducts a championship or bowl game. As an NCAA student-athlete, you may not participate in gambling or wagering, including but not limited to the following: placing, accepting or soliciting a wager of any type with any individual or organization on any intercollegiate, amateur or professional team or contest (this includes an action taken on a student-athlete’s own behalf or on.
College athletes would gain new and significant abilities to make money from the use of their name, image and likeness, beginning Aug. 1, 2021, under a series of specific proposals for Division I rules changes unveiled Friday.
However, the proposed rules changes would give schools discretion to prevent athletes from having deals that are deemed to conflict with existing school sponsorship arrangements. These restrictions could put the NCAA at odds with the provisions of laws that have been passed by four states and are set to take effect in the coming months and years.
The proposed rules changes were listed in a document outlining changes that are scheduled to be voted on by the NCAA Division I Council during the association’s convention in January. The Council, comprised of representatives of the various conferences, is the primary rules-making body for the association’s top-level schools.
Conferences can offer amendments to any of the proposed rules changes until Dec. 15, meaning the changes proposed Friday could be altered further before they are voted on. Meanwhile, bills relating to this topic remain pending in both the U.S. Senate and House of Representatives.
The basic contours of the NCAA's proposed changes have been discussed previously by association and college sports officials, but this is the first time the changes have been put into fully formed prospective rules.
The rules changes being proposed also generally would apply — at least from the NCAA's perspective — to prospective college athletes. The document unveiled Friday says: 'This model would ensure consistency and clarity for prospective student-athletes' and minimize 'the risk of prospective student-athletes entering into agreements or relationships before full-time enrollment that could render them ineligible when they become student-athletes.'
How this would connect with various current state high school athletic association rules remains to be seen.
The NCAA proposals also call for college athletes and prospective athletes engaging in name, image and likeness business activities to disclose those activities to 'an independent third-party administrator' that is not detailed further.
But in citing the need for such an entity, the new document acknowledges 'boosters may be the most likely sources of opportunities for student-athletes to engage in name, image and likeness activities. Student-athletes should be permitted take advantage of legitimate opportunities, even if the source of the opportunity comes from a booster of the institution.'
College athletes also would be allowed to make money for signing autographs and for providing instruction lessons. They would be allowed to sell memorabilia once they have completed their eligibility. They also would be able to use crowdfunding sites to raise money for educational expenses that exceed the cost of attendance.
More broadly, according to the proposals, athletes would be allowed to use their name, image and likeness (NIL) “to promote … athletically and nonathletically related business activities (e.g., products, services, personal appearances).” Athletes would be allowed to mention their involvement in sports and the name of the school they attend. However, they would not be allowed to use any institutional marks, such as logos.
Specifically, the proposals say athletes would be allowed “to advertise or promote the sale or use of a commercial product or service, provided there is no institutional involvement in the arrangement.”
Athletes would be allowed to use what the proposals call 'professional service providers' — but not school employees or contractors — to seek and negotiate deals, but the athletes will face requirements concerning disclosure of their NIL activities and other significant restrictions:
• They would not be allowed to engage in NIL activities involving a commercial product or service that conflicts with NCAA legislation. That means they cannot be involved with sponsorships related to sports betting or banned substances.
• Athletes’ NIL could not be used by “an athletics equipment company or manufacturer to publicize [that] the institution's athletics program uses its equipment.” This would seem to heavily narrow or foreclose an athlete's ability to have a sponsorship deal with a shoe and apparel company that has a contract with the athlete’s school. California's NIL law, set to take effect Jan. 1, 2023, would allow athletes to have deals with shoe and apparel companies that sponsor their respective schools.
• Schools would be able to prohibit an athlete from being involved in NIL activities that “conflict with existing institutional sponsorship arrangements. An institution, at its discretion, may prohibit a student-athlete’s involvement in name, image and likeness activities based on other considerations, such as conflict with institutional values, as defined by the institution.”
The schools would be required to have policies that establish the NIL activities in which athletes may or may not engage, and they would have to provide those policies to prospective student-athletes.
This has the potential to heavily narrow commercial opportunities available to athletes, as many schools have sponsorships with a broad array of companies in many brand categories, from shoes and apparel to local car dealerships, banks and restaurants.
This restriction is where the conflict with state laws could occur. Recently enacted statutes in California, Colorado, Nebraska and New Jersey include provisions that would prevent athletes from having an endorsement contract that would conflict with a school contract. But those states’ laws also say that schools cannot have contracts that prevent athletes from using their NIL for a commercial purpose when the athlete is not engaged in official team activities.
(Florida also has a college-athlete NIL law that is set to take effect July 1, 2021, but that law does not have the additional provision regarding athletes' activities outside official team settings.)
In other words, those states’ laws would appear to prevent a school aligned with one company from preventing its athletes from having a deal with a competing company, as long as the athlete is keeping the promotional activities separate from official school activities.
Download the Trends in NCAA Student-Athlete Gambling Behaviors and Attitudes: Executive Summary
Read More > about Trends in NCAA Student-Athlete Gambling Behaviors and AttitudesEllenbogen, S., Jacobs, D.F., Derevensky, J., Gupta, R. & Paskus, T.S. (2008). Gambling behavior among college student-athletes. Journal of Applied Sport Psychology, 20, 349-362.
Huang, J.H., Jacobs, D.F., Derevensky, J.L., Gupta, R. & Paskus, T.S. (2007). A national study on gambling among U.S. college student-athletes. Journal of American College Health, 56(2), 93-99.
Huang, J.H., Jacobs, D.F., Derevensky, J.L., Gupta, R. & Paskus, T.S. (2007). Gambling and health risk behaviors among U.S. college student-athletes: Findings from a national study. Journal of Adolescent Health, 40, 390-397
Marchica, L. & Derevensky, J. (2016). Fantasy sports: A growing concern among college student-athletes. International Journal of Mental Health & Addiction, 14, 635-645.
Shead, W.N., Derevensky, J.L. & Paskus, T.S. (2014). Trends in gambling behavior among college student-athletes: A comparison of 2004 and 2008 NCAA survey data. Journal of Gambling Issues, 29, 1-21.
St-Pierre, R., Temcheff, C., Gupta, R., Derevensky, J. & Paskus, T. (2014). Predicting gambling problems from gambling outcome expectancies in college student-athletes. Journal of Gambling Studies, 1, 47-60.
Temcheff, C.E., Paskus, Potenza, M.N., Derevensky, J.L. (2016). Which Diagnostic Criteria are Most Useful in Discriminating Between Social Gamblers and Individuals with Gambling Problems? An Examination of DSM-IV and DSM-5 Criteria. Journal of Gambling Studies, 1-12.
Temcheff, C.E., Derevensky, J.L. & Paskus, T.S. (2011). Pathological and disordered gambling: A comparison of DSM-IV and DSM-V criteria. International Gambling Studies, 11, 213-220.
In the interests of protecting the health and well-being of the hundreds of thousands of student-athletes who participate in college sports, NCAA research studies the behaviors of student-athletes – including behaviors that could put student-athletes at risk – in order for NCAA members to develop legislation, educational policies and best practices that enhance student-athletes’ experiences in college.
One of those behaviors is gambling. The NCAA has had bylaws restricting sports wagering for many years because leaders in college sports believe sports wagering not only threatens the integrity of the game but also is an entry point into other behaviors that may compromise student-athlete health and well-being.
The NCAA has conducted studies on student-athlete gambling behavior every four years since 2004. The most recent in 2016 surveyed more than 22,000 current college athletes across all three NCAA divisions about their attitudes toward and engagement in various gambling activities, including sports wagering. A summary of findings and detailed slides that examine the trends from 2004 to 2016 are also available.
Read More > about NCAA National Study on Collegiate WageringAs part of an ongoing effort to raise awareness and provide more resources and expertise about behaviors that put student-athletes at risk, the NCAA hosted its ninth annual sports-wagering seminar this past October at the national office in Indianapolis to focus on education and monitoring.
Read More > about Compliance Experts Share How to Spot WageringMany people’s gut reaction is to be more horrified by doping than by gambling. The high-profile media attention given to doping in sports trumps that given to gambling, though every four-year class since 1991 has experienced a major point shaving scandal in college sports.
Read More > about Is Gambling Just as Bad as Doping? You Bet It Is.Dr. Jeffrey Derevensky, the director of the International Center for Youth Gambling Problems and High-Risk Behaviors at McGill University in Montreal, has co-authored the 2008 and 2012 NCAA studies on student-athlete gambling behaviors. Following is a Q&A with the world-renowned expert on the subject.
Read More > about Study Author Outlines 2012 Survey FindingsPreliminary results from the latest NCAA study of college student-athlete gambling behaviors and attitudes reflect hopeful news in overall rates of gambling within the student-athlete population but raise concerns in the ever-changing...
Read More > about Latest wagering study shows decrease in gambling activityThe NCAA and the four major professional sports leagues (MLB, NBA, NFL and the NHL) today filed a complaint against New Jersey state officials in federal court in Trenton, NJ seeking to stop the state from implementing sports betting on...