Switching Teams: Inside the Transfer Portal and its Impact on College Sports
Transferring before the portal:
It was not that long ago when student-athletes had to get permission from their head coach to transfer schools.[1] An awkward conversation that could sometimes lead to a non-authorization of transfer.[2] The process was lengthy if the head coach did not agree, and it was often one barrier after another for student-athletes.[3] The lack of uniformity across universities worked against student-athlete odds.[4] While it was possible, athletes were faced with regulatory and eligibility concerns.[5] The most notorious of them all was the Transfer Eligibility Rule. Pre transfer portal, athletes could not transfer without redshirting for an entire competitive year.[6] This rule itself was an immense part of the transfer decision process as these student-athletes are also aiming toward graduation.[7] If it was their year to graduate, this rule was in the way.[8] In the end, it was an unfair system for student-athletes, who should be in charge of what jersey they wear.
Post Portal Process:
With the creation of the portal, both coaches and athletes were given a platform to view their options.[9] It was time for college coaches to use the system in a way that could also benefit them.[10]This meant consistent reform.
The 2020 Covid pandemic brought uncertainty for the rules of eligibility. The NCAA Board of Governors, which is the highest governing body within the NCAA, came together in 2020 and granted student-athletes a year of eligibility if their season was shortened by the abrupt end of the spring sports seasons.[11]
In 2021, the board sat down again and evaluated the Transfer Eligibility Rule.[12] Members voted to allow student-athletes a one-time transfer with the elimination of the redshirt year requirement.[13].
In 2022, the NCAA was faced with Covid eligibility questions again.[14] This was because those athletes who were eligible in the 2020-2021 academic year faced many Covid challenges.[15]The board made the decision to give “flexibility” to those athletes’ eligibility years.[16]Therefore, due to the disruption caused by Covid, student-athletes were allowed to extend their eligibility by two years to make up for seasons that were lost and or impacted again by the 2021-2022 academic year. [17]
Fast forward to 2024, the NCAA has fallen to pressure regarding the transfer eligibility rule.[18]Seven different state attorney generals came together to file suit in West Virginia federal court.[19]The complaint against the NCAA states that its Transfer Rule was a direct violation of the Sherman Antitrust Act.[20]From a free market analysis, the Plaintiffs argued the transfer rule restricted college athletes from engaging in the market directly for their labor as athletes.[21]This lawsuit turned into a revolution for the NCAA, and those involved. Josh Goldberg, The Transfer Portal Has Changed the Dynamic of College Sports, Greenspoon Marder LLP (Jan. 18, 2024), https://www.gmlaw.com/news/the-transfer-portal-has-changed-the-dynamic-of-college-sports/ [https://perma.cc/98G3-GG6Q].[/mfn]A temporary restraining order of the Transfer Rule, an amendment complaint, and the involvement of the Department of Justice all combined to finally address the controversial rule.[22]April 2024 marked the beginning of real student-athlete freedom.[23]. Student athletes can now transfer as many times as they want, and provided they meet academic criteria, they are provided immediate eligibility. [24]
Just like that, the game of college sports has changed forever.
Where does this leave future college athletes?
There is no doubt that this legislation is fair to student-athletes. The NCAA has held the power for too long, and it was time for a change. The question now becomes – what happens to future athletes?
It is important to recognize the recruiting aspect that comes into play with the transfer eligibility rule. Covid years are finally over, and the recruiting and scholarship landscape has forever changed.[25] Now we have the transfer portal with immediate eligibility. Year-round recruitment is on the radar for college coaches in a new way.[26] The portal also changes the relationship of high school recruiting.[27] While it was once a recruitment cycle for high school students, they are faced with the competition of current players in the portal.[28]
The recruiting process for high school students is competitive to begin with.[29] High school athletes are no longer being compared to athletes their age across the country, but athletes with college experience in the portal.[30] The highly selective recruiting game will change significantly over the next couple of years as colleges and universities adapt to this policy.
While this change in legislation is not necessarily a bad thing, it will certainly come with its challenges. How the NCAA reacts to them will be the tell-all.
Footnotes
