The Legal Shift of the NCAA's 'Big 5' Member Conferences to Independent Athletic Associations: Combining NFL and Conference Governance Principles to Maintain the Unique Product of College Athletics

Abstract

The National Collegiate Athletic Association (NCAA) can no longer effectively govern big-time intercollegiate athletics. Since the 1984 Board of Regents decision, college athletics has grown exponentially, yet the NCAA still attempts to govern over 1,000 colleges and universities under a single organization. The college athletic conferences (ACC, Big Ten, Big 12, Pac-12, and SEC) have become more autonomous in recent years, independently negotiating lucrative media rights and post-season bowl agreements. Each conference has also adopted its own constitution and bylaws to effectively manage its unique product. This Comment argues that the conferences should separate from the NCAA and form independent athletic associations. Each association should contract with other associations and third party entities for inter-association and post-season competitions, similar to the current FBS post-season system. Organizing as independent associations would provide each entity the ability to: (1) effectively adopt association-specific legislation and policies; (2) efficiently and consistently enforce rules; and (3) manage revenue commensurate with its market value. This Article examines the current governance structures of the NCAA, the Big 5 conferences, and the NFL, finding that the Big 5 and the NFL adopt similar structures. The Article then formulates a proposed model, combining and modifying aspects from the current Big 5 and NFL systems, which any Big 5 association could adopt after separating from the NCAA.