A Goodbye to Amateurism in Collegiate Athletics Is a Goodbye to the National Letter of Intent: A Critique on the National Letter of Intent as an Unconscionable Contract
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Authors
Washka, Isabella A.
Issue Date
2024-12
Type
Journal Article
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Abstract
After the conclusion of the editing of this article, the National Collegiate Athletic Association (“NCAA”) Division I Council approved the elimination of the National Letter of Intent program. This vote occurred on October 7, 2024, and the elimination of the National Letter of Intent program was to take immediate effect. The elimination of the National Letter of Intent program was to increase clarity and efficiency to the student-athlete recruiting process. This program shall be replaced with financial aid agreement with that respective institution or university. The financial aid agreement will have many of the same core functions of the National Letter of Intent. However, it is predicted that the financial aid agreement will incorporate revenue-sharing agreements if it is approved by the NCAA.
This note will examine the flaws of the Letter of Intent under the present setting of collegiate athletics and assess how the NCAA should attempt to continue its mission of protecting young athletes. First, this Note will set forth an overview of the basic legal requirements for an agreement to be binding on a party. Next, this Note will provide a brief account of the history of amateurism within college sports as well as the emphasis the NCAA has placed on amateurism. Additionally, this Note will examine different ways athletes’ rights have been reformed in the sports industry. Lastly, this Note will provide a basic background of the Letter of Intent to better understand its purpose, the provisions contained within, and how it is enforced.
This Note will then argue that even though the Letter of Intent has historically been an enforceable contract for student-athletes, college athletes are no longer amateur athletes based on how the NCAA defines amateurism. Therefore, the Letter of Intent should no longer be enforced on collegiate athletes. Fundamentally, this Note will reach the conclusion that the Letter of Intent is an unconscionable contract for collegiate athletes in the current landscape of college athletics. Conclusively, this Note will offer a proposed method to reform the Letter of Intents to ensure this contract accurately recognizes the status of collegiate athletes as “non-amateurs.”
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Creighton University School of Law