Key points
- The Protect College Sports Act intends to set nationwide regulations for college athletics.
- Opponents of the bill said it could protect colleges and the NCAA from being sued when athletes are harmed.
- Some critics cited Matthew Mayich, an ASU hockey player who collapsed at a team workout on Aug. 20, as a case study in what happens when athletes lack enforceable rights.
The Senate is considering legislation aiming to standardize college athletics regulations, but opponents have argued it shields colleges and the NCAA from liability when athletes are harmed. Some critics have invoked the case of ASU hockey player Matthew Mayich as an example of what's at stake.
Supporters of the Protect College Sports Act have said it will offer greater stability for athletes, universities and athletic conferences. Critics do not dispute that reforms are needed, but they have said the bill fails to fully include athletes' needs and perspectives.
The PCSA aims to "end the disorder facing college sports," according to a Republican press release from the U.S. Senate Committee on Commerce, Science, and Transportation. A series of legal cases from the past 12 years overturned the collegiate athletics status quo. Now, the PCSA seeks to standardize the rules and replace a patchwork of conflicting state laws.
Key provisions of the PCSA would guarantee athletes' rights to NIL agreements, set a federal cap on revenue sharing with athletes, establish a five-year eligibility window, allow each player one opportunity to enter the transfer portal without losing a season of eligibility and cap agent fees at 5% of the athlete's contract, among other policies.
The PCSA overcame the Senate filibuster Tuesday in a 74-24 vote and will head to the full chamber for approval.
Advocates call for accountability
The bill also establishes limited antitrust protections for the NCAA and colleges, protecting these institutions' regulations enforcing the PCSA. This means athletes cannot sue institutions regarding the revenue sharing cap, eligibility or other provisions of the bill, according to the law firm Norton Rose Fulbright.
That has raised questions about how the NCAA and colleges will be held accountable outside the bounds of normal competition laws. Critics have expressed concern that athletes will be unable to challenge rules they deem unfair or seek justice when harmed.
Meghann Burke, the executive director of the NWSL Players Association, called attention to Mayich, an ASU hockey player who collapsed due to a heat-related illness during a team workout on Aug. 20 and remains in a coma. She warned the PCSA could prevent athletes in a similar situation from holding their schools accountable.
"Athletes should not have to rely on the goodwill of institutions that control the conditions under which they train and compete," Burke said in a press call Monday. "They need enforceable rights and a seat at the table."
READ MORE: BREAKING: ASU hockey player still hospitalized after collapse in team exercise Thursday
The bill also includes a policy for heat-related illness, requiring each institution, conference and intercollegiate athletic association to adhere to the American College of Sports Medicine Expert Consensus Statement on Exertional Heat Illness.
Lawmakers, athletic associations, Michael Crow support the bill
Supporters of the PCSA include ASU President Michael Crow, President Donald Trump, the NCAA, the Big 12 Commissioner and various collegiate athletes. Proponents have said the bill would protect athletes and their compensation, prevent an ongoing bidding war between programs and allow the NCAA to enforce its regulations.
Sen. Ted Cruz, R-Texas, is one of the bill's sponsors. He described college sports as the "wild west" at a Monday press conference on Capitol Hill.
"It's a much more fair system that athletes are entitled to enjoy the fruits of their labor, but it also cracks down on fake NIL," Cruz said. "It cracks down on a booster in a back alley with a bag of cash, and it ensures the system can remain competitive and vibrant."
On Aug. 24, Crow and UA President Suresh Garimella sent a letter to Sens. Mark Kelly and Ruben Gallego, D-Ariz., urging them to support the PCSA. The letter said the lack of national standards has produced a system governed by conflicting state laws.
"Arizona State University and the University of Arizona support hundreds of student-athletes across men's and women's sports and have made substantial commitments to their education and support," the letter stated. "A consistent national framework will help ensure our universities can compete for championships on a level playing field based on the strength of our programs and our investments in student-athletes."
The presidents argued a national system regulating collegiate athletics, which bring tourism, economic activity and nationwide visibility to the schools, will advance Arizona's economic interests.
A University spokesperson declined to comment on the pending legislation.
While Kelly voted to maintain the filibuster against the PCSA, Gallego voted to end it.
Kelly's office did not respond to a request for comment. A press secretary for Gallego did not provide a comment by the time of publication.
Opponents say Mayich case presents issues for the bill
Sen. Chris Murphy, D-Conn., labor unions, advocacy groups and athletes have spoken out against the bill. Critics have argued the PCSA would place the rights of institutions above those of athletes and leave them powerless to sue institutions in the case of mistreatment.
On a press call Monday organized by the AFL-CIO, advocates called for the Senate to vote against the PCSA on the basis of what they characterized as institutions' disproportionate power over athletes.
Burke opened the call with a statement about Mayich.
"Matthew is fighting for his life in a system that is asking Congress for more power and less accountability, even as his family's experience and that of too many others underscores the danger of allowing powerful institutions to police themselves," Burke said.
A spokesperson for the University declined to comment on how the bill relates to Mayich's case. Instead, they directed to a statement regarding his condition following the incident.
"The university also is reviewing circumstances surrounding the workout and related university policies, procedures and training protocols," the statement said.
Robert Carey, the lawyer representing Mayich's family, has called for an independent investigation of the case and said the player's family has no faith the University can lead an impartial investigation, the Arizona Republic reported. Mayich remains incapacitated with "zero chance of recovery," Carey said.
In 2018, University of Maryland football player Jordan McNair suffered heatstroke during a team workout and died two weeks later from his injuries. His father, Martin McNair, joined the call to express his concern with institutions having the authority to investigate themselves and the PCSA's protections for these institutions from legal action.
"I speak today not only as Jordan's father. I speak for the families who don't have a voice, families who trusted these institutions with their most precious gifts: their children," McNair said. "My request is simple. Do not create a federal baseline system that protects institutions better than it protects student-athletes."
Ramogi Huma, the executive director of the National College Players Association, pointed to ways the bill could shield the NCAA and universities from liability over health and safety complaints, particularly in cases like Mayich's.
Huma said the bill would not waive sovereign immunity, a legal doctrine protecting state governments from being sued in certain circumstances, in states that have it. It also institutes a 30-day cure period that would allow all colleges to fix issues that violate the bill within 30 days before they can be sued for those violations.
"There's a potential with a 30-day cure for Arizona State to say, 'Well, we did violate that standard, but we've revised our policy, so we have cured the violation,' because it's all undefined, right?" Huma said. "Under the PCSA, the family is barred from suing Arizona State, even if they were responsible."
Oluchi Okananwa, a University of Maryland women's basketball player and president of the United College Athletes Association, said athletes want rules, but they also want to be a part of writing them.
She said athletes should be able to collectively bargain on the rules for earning, transfers and eligibility with the institutions.
"If everyone else gets a seat at the table when the future of college sports is decided, the athletes whose labor makes college sports possible should not be the only ones standing outside the room," Okananwa said.
Edited by Carsten Oyer, Emilio Alvarado, Senna James and Kate Gore.
Reach the reporter at sevoorhe@asu.edu.
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Sydney Voorhees is a Senior Reporter at The State Press. She is also an intern at Arizona PBS and a member of Delta Gamma Fraternity. This is her second semester with The State Press, working previously as a part-time Sci-Tech reporter.
