202627 NCAA Legal Update

---------- Forwarded message ---------

From: Charlie Baker <@ncaa.org>
Date: Fri, Oct 16, 2026 at 10:23 AM
Subject: Legal Update
To: <mcandrse@wvstateu.edu>

Web Version

This morning, at the direction of the NCAA Board of Governors and Division I Board of Directors, the NCAA took the extraordinary step of suing the Governor of Ohio. This action was necessary following the Governor's issuance of an Executive Order that attempts to compel Ohio colleges and universities to ignore NCAA eligibility rules to the disadvantage of thousands of student-athletes and institutions across the country.   The lawsuit, filed in the United States District Court for the Southern District of Ohio, seeks injunctive and declaratory relief for three independent grounds. First, the Executive Order unlawfully burdens interstate commerce in violation of the Commerce Clause in the U.S. Constitution by improperly conferring an advantage on Ohio in-state institutions. It also violates the First Amendment by purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the NCAA's rules. Finally, the Executive Order violates state law. I know something about this. Governors are expected to turn square corners and act within their authority. The Executive Order is unlawful because Governor DeWine lacks the authority to permit Ohio colleges and universities to disregard the rules they have agreed to follow by rostering ineligible student-athletes.   If state courts – or governors – can unilaterally change the rules to give certain schools competitive advantages, it will become impossible for all schools to compete on a level playing field. While we are confident our complaint will succeed in federal court, the answer to this state-by-state and court-by-court race to the bottom is the bipartisan Protect College Sports Act. I encourage every NCAA member to contact their Representative in Congress to pass this bill now so college athletes can be sure they’re playing with the same rules as their opponent.     The NCAA respects and honors the accomplishments of athletes whose eligibility expired in the 2025–26 academic year, and wishes them all the best in the future. But allowing them to return for an unexpected fifth season of competition would give them a benefit they never reasonably could have expected, to the detriment of thousands of eligible student-athletes who have been waiting for their opportunity to compete. Those student-athletes just as much deserve a voice and protection through the judicial process.   Separately, questions have been raised about the Ohio Supreme Court's recent order in the Borovicanin case. We look forward to answering the Ohio Supreme Court’s questions on Monday, as ordered. In the meantime, the NCAA does not believe the Ohio Supreme Court declared the Borovicanin plaintiffs immediately eligible to compete. The Ohio First District ruled they are not, consistent with the approach of virtually every appellate court that has stayed similar injunctions. In the ordinary course, the Ohio First District would have sent an order, called the “mandate,” to the trial court instructing it to vacate the injunction. The plaintiffs asked the Ohio Supreme Court to stay the issuance of the mandate, and to explicitly reinstate the trial court’s injunction. The Ohio Supreme Court stayed the mandate but did not reinstate the injunction. The injunction therefore remains stayed. Schools that read the order differently bear the risk of that interpretation.   Thank you for your continued leadership and advocacy on behalf of student-athletes and the future of college sports.   For more information about how you can support the PCSA click here.  Charlie Baker NCAA President Legal Filing This email was sent to NCAA athletics directors, conference commissioners, presidents and chancellors, general counsel, faculty athletics representatives, senior compliance administrators, senior woman administrators and sports information directors in all three divisions, the Division I Student-Athlete Advocacy Committee, the Division II Student-Athlete Advisory Committee and the Division III Student-Athlete Advisory Committee, as well as NCAA staff.

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202627 NCAA RULES EDUCATION #16 - Student Athlete having a Tryout with Professional Team After Enrollment

As the Fall seasons winds down, Fall sport student athletes begin thinking about either transfer portal and professional opportunities or both....

NCAA D2 Rules make signing with an Agent illegal and ends all chance of eligibility, 

however, several rules changes in the last few years give opportunity for Tryouts any time during the year

14.4.8 Involvement With Professional Teams.

14.4.8.1 Tryouts.

14.4.8.1.1 Tryout After Enrollment. A student-athlete may try out with a professional athletics team (or participate in a combine including that team) in a sport or permit a professional athletics team to conduct medical examinations at any time. A student-athlete may receive actual and necessary expenses related to the tryout from a professional sports organization or the national governing body. (Revised: 1/8/07 effective 8/1/07, 4/28/09, 1/21/17, 4/16/24)

14.4.8.1.2 Outside Competition Prohibited. During a tryout, an individual may not take part in any outside competition (games or scrimmages) as a representative of a professional team.

14.4.8.2 Practice Without Competition. Following initial full-time collegiate enrollment, an individual may participate in practice sessions conducted by a professional team, provided such participation meets the requirements of NCAA legislation governing tryouts with professional athletics teams (see Bylaw 14.4.8.1.1) and the individual does not receive any compensation or enter into a contract or agreement to practice or participate as a member of the professional athletics team. Such contracts or agreements would be separate from those that the individual may enter into with the professional team for name, image and likeness activities, as set forth in Bylaw 14.1.5. (Revised: 10/18/22, 1/10/24 effective 8/1/24)

Sean McAndrews, MA
Associate AD Senior Compliance, Administration

3047664122 office

West Virginia State University

NCAA D2

MEC CHARTER MEMBER

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202627 SEC NIL CONTRACTS UNIFORM

https://www.athleticbusiness.com/operations/governing-bodies/article/15837418/sec-becomes-second-power-4-conference-to-adopt-standardized-nil-contracts?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD261013005&utm_term=&oly_enc_id=5245H2863912E1Z

Sean McAndrews, MA
Associate AD Senior Compliance, Administration

3047664122 office

West Virginia State University

NCAA D2

MEC CHARTER MEMBER

https://ncaad2rules.blogspot.com/

"Work hard in silence, let your success be your noise" - Anonymous

Please report IT, COL and Physical Facilities issues by sending an email with complete information to the appropriate address:

IT-helpdesk@wvstateu.edu

col-helpdesk@wvstateu.edu

Facilities - Janitorial

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202627 D2 FB ISSUES

https://www.athleticbusiness.com/operations/article/15837417/dii-athletics-director-promises-more-precise-field-markings-in-future-after-viral-video?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD261013005&utm_term=&oly_enc_id=5245H2863912E1Z

Sean McAndrews, MA
Associate AD Senior Compliance, Administration

3047664122 office

West Virginia State University

NCAA D2

MEC CHARTER MEMBER

https://ncaad2rules.blogspot.com/

"Work hard in silence, let your success be your noise" - Anonymous

Please report IT, COL and Physical Facilities issues by sending an email with complete information to the appropriate address:

IT-helpdesk@wvstateu.edu

col-helpdesk@wvstateu.edu

Facilities - Janitorial

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202627 U of MD Suspends Club Team over racist imagery

https://www.athleticbusiness.com/operations/governing-bodies/article/15837420/maryland-suspends-club-tennis-team-over-alleged-distribution-of-racist-imagery?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD261013005&utm_term=&oly_enc_id=5245H2863912E1Z

Sean McAndrews, MA
Associate AD Senior Compliance, Administration

3047664122 office

West Virginia State University

NCAA D2

MEC CHARTER MEMBER

https://ncaad2rules.blogspot.com/

"Work hard in silence, let your success be your noise" - Anonymous

Please report IT, COL and Physical Facilities issues by sending an email with complete information to the appropriate address:

IT-helpdesk@wvstateu.edu

col-helpdesk@wvstateu.edu

Facilities - Janitorial

Click link to start workorder

202627 HS Students in Texas arrested for Hazing

https://www.athleticbusiness.com/operations/safety-security/article/15835615/four-texas-high-school-studentathletes-arrested-in-felony-hazing-case?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD261013005&utm_term=&oly_enc_id=5245H2863912E1Z

Sean McAndrews, MA
Associate AD Senior Compliance, Administration

3047664122 office

West Virginia State University

NCAA D2

MEC CHARTER MEMBER

https://ncaad2rules.blogspot.com/

"Work hard in silence, let your success be your noise" - Anonymous

Please report IT, COL and Physical Facilities issues by sending an email with complete information to the appropriate address:

IT-helpdesk@wvstateu.edu

col-helpdesk@wvstateu.edu

Facilities - Janitorial

Click link to start workorder

Take Two - Will the House of Representatives Bail Out the NCAA?

Does S.4668 Protect College Sports or Preserve Power Four Dominance?

Dear Sean, At the start of each academic year, we review our work as an academic think tank educating members of the U.S. Congress, state legislators, and higher education policymakers about critical issues in intercollegiate athletics. This past year has been one of chaos in college sports, with more to come in 2026-27.   Helping Our Members and Followers Understand S.4668 Over the next four weeks we will deliver a series of briefings that focus on understanding S.4668, the Protect College Sports Act of 2026, which has recently passed the Senate and will be considered by the House of Representatives following the November elections. While the bill would effectively address some issues, S.4668 is a complex 180-page bill that contains too many flaws to fix and a not-so-hidden agenda to give the Power Four conferences more significant competitive and recruiting advantages they neither need nor deserve.   What the Bill Does Specifically, the bill would deliver a powerful and overly broad antitrust exemption and pre-empt state laws -- the proverbial "keys to the kingdom." These legal "get out of jail free" cards would not only protect the NCAA and the Power Four from legitimate athlete lawsuits but also allow the NCAA to continue its control-over-athletes rules system that created the House v. NCAA settlement chaos they now want Congress to fix.   Why Congress Should Oppose the Bill The upcoming Drake briefings will explain why the bill: does not protect college sports, Olympic sports, or women's sports - contrary to its deceiving title and the NCAA's multimillion dollar advertising and lobbying campaigns that advance this false narrative, benefits only the richest 10 to 15 institutions among the NCAA's 363 Division I members, relegates non-revenue sports to 2024-25 funding levels and invites a continuation of the current inequality in which 93 percent of all athletic programs do not meet Title IX gender equity requirements, creates an economically unsustainable professional sports program model that harms all non-Power Four athletic programs, fails to adequately address abuse of athletes or provide the medical and health benefits or due-process enforcement guarantees necessary to guarantee a safe educational environment, and installs a cash-transaction/athletes-chasing-the-money culture antithetical to higher education's educational purpose and positive team developmental experiences.   A Plan for Moving Forward As important, we will offer a sensible plan for moving forward to solve the eligibility, transfer, agent, and enforcement chaos created by the NCAA's governance failures and providing real protection for non-revenue sports, while not bowing to the wishes of the Power Four.   We Ask You To Support Our Efforts Our members and donors to our 501(C)(4) nonprofiit advocacy organization enable our work with Congress. Our membership runs from September 1, 2026 to August 31, 2027 - the traditional academic year. Your membership fee ($10 students, $35 faculty/staff, $50 general public) DOES NOT KEEP THE LIGHTS ON! We have no physical office space and no employees (we are 100 percent volunteers). What Your Support Pays For Your financial support is needed and important because it does pay for: our Zoom communications platform which is used for 90% of our individual and small group meetings with Congressional staff members, other policy makers, and our national network of experts specializing in sports law, the economics of sport, sex and race equity, gambling, sports media, sports governance, medical and mental health, athletes' rights, etc. our Constant Contact database and mass communications platform delivering a weekly report to legislative staff on college athletics issues related to specific bills under consideration and monthly reports to our members.   our TheDrakeGroup.com website hosting and maintenance fees where we maintain public access databases on topics varying from NIL laws in every state to current sports-related bills before Congress. reasonable hourly fees for student researchers and accounting services that our volunteers can't manage on our own. non-profit corporate fees in the state where we are registered Fiscally Responsible Non-Profit. If we need to visit D.C. for meetings, we pay our own way. We don't pay lobbyists or buy television or print advertising to influence Congressional voting or public support for our positions. In short, we run an efficient and responsible non-profit organization. Because we interact with Congress, your donation is not tax-deductible. Trusted Non-Partisan Voice in Congress. We work with both sides of the aisle, providing factual information on how athletics programs operate, and encouraging members of Congress to make good laws when necessary to ensure the integrity of college athletics. All memberships and contributions are appreciated. Gratefully, Donna Donna A. Lopiano, Ph.D. Chair, Development Committee Renew or Become a Member/Supporter Here Visit our Website Thank you for your support. Together, we can make a difference. The Drake Group is a 501(c)(4) non-profit organization working to better educate the U.S. Congress and higher education policy-makers about critical issues in intercollegiate athletics for the purpose of ensuring that the promise of college athletics is realized for all stakeholders. Visit The Drake Group web site to volunteer or support our Congressional advocacy work.

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