Editor’s Note: The College Football Commission acknowledges the settlement reached in the House v. NCAA case and its newfound impact on the association and its members. This article will be updated to reflect any confirmed changes to how the association operates as more information becomes available.

History

The birth of the NCAA dates back to 1905 when the emerging popularity of football raised new questions about the sport’s mortality rate and regulatory framework. President Theodore Roosevelt met with top officials from Harvard, Yale, and Princeton and called upon them to address this and other key issues regarding his beloved sport. In response, NYU Chancellor Henry M. MacCracken called a meeting with 13 different institutions that led to the founding of the Intercollegiate Athletic Association of the United States (IAAUS).

In March 1906, 62 institutions chartered the IAUUS. The organization was established as a “rules-making body” that sought to curate and enforce regulations on its members. The IAAUS was renamed the National Collegiate Athletic Association (NCAA) in 1910. The NCAA hosted the National Collegiate Track and Field Championships in 1921, marking the first time the association stepped into the tournament and championship arena.

The association stepped up its regulatory practices in the late 1940s by forcing all athletes to meet university-wide academic standards and revoking all forms of non-need-based financial aid. The academic standard regulation was repealed, however, in 1951. Efforts to revoke membership from institutions in violation of the financial aid regulation failed without a 2/3 majority and, with doubt cast on the association’s ability to enforce its rules, the regulation was repealed.

Walter Byers was selected as the first executive director of the NCAA in 1951. Byers and the NCAA worked to reorganize the association’s structure and rules-violating processes, as well as address how television was impacting NCAA stakeholders. The association established protocols for investigating violations and enforcing penalties, as well as a program to control how games were broadcast.

With more members than ever, Byers determined that institutions should be grouped into competitive divisions. Thus, the University Division and College Division were founded in 1957. The original purpose of divisions was to hold separate men’s basketball tournaments, one for large and the other for small schools. Football assumed the division structure soon thereafter. The College Division implemented its regional championship in 1963.

The association continued to grow in its influence and membership over the decades. A larger gap between institutions that devoted great resources to athletics and those that didn’t came at the expense of this growth, though, and ultimately came to a head in the 1970’s. The NCAA subsequently established three divisions (Division I, Division II, & Division III) in August 1973 to address this disparity with the hope of fostering competitive atmospheres for institutions both large and small. Division I institutions hailed from the now-defunct University Division while the College Division was split into Divisions II and III. Each division was classified by its members’ ability to offer athletes financial aid and granted them the authority to establish legislation and postseason formats of their own. In 1978, Division I football was further divided into two subdivisions (Division I-A and Division I-AA).

Before 1984, each member institution’s president or presidential-appointed representative voted on NCAA matters during its meetings. School officials believed establishing a board or commission was necessary to improve academic standards for student-athletes. Two proposals were pitched to the members. The first, proposed by the American Council on Education (ACE), was “a Board of Presidents which could veto actions taken by the NCAA membership.” The NCAA Council, composed of athletic officials and school presidents, proposed a President’s Commission that acted in an advisory capacity instead. The Council’s proposal was approved over the ACE’s and the President’s Commission was subsequently established in 1984.

The next few years were highlighted by further reform for academics, violations, and other issues regarding eligibility and financial transparency. The association’s program for exclusively broadcasting football games was deemed unconstitutional in 1984, revoking its ability to televise the sport. The “death penalty,” the association’s most severe form of punishment, was introduced in 1985 and infamously handed down once in 1987 to Southern Methodist University. A special meeting was held that same year. The President’s Commission proposed legislation for restricting athletic costs and activities including a “reduction in the size of coaching staffs, a reduction in the amount of financial aid granted to athletes, and the length of practice sessions and playing seasons.”

The NCAA appointed three division-specific restructuring task forces in January 1994. The restructuring was approved in 1997, centralizing power and granting presidents and chancellors greater authority within the association. Additional reform on the academic, violation, and social issues front defined the 2000’s. The Division I-A and I-AA subdivisions were renamed the Football Bowl Subdivision (FBS) and Football Championship Subdivision (FCS), respectively, in 2006. It wasn’t until the 2020’s that the association implemented sweeping changes. The Supreme Court’s ruling on the unconstitutional restriction of a student-athlete’s ability to profit off their Name, Image, and Likeness forced the association to repeal its related legislation. The NCAA additionally approved a new, streamlined constitution in 2022 that granted each division greater authority to “reorganize and restructure” as they see fit.

Membership

Each Division maintains unique standards for active and provisional membership. Division I restricts membership to four-year institutions:

“An active member is a four-year college or university that is accredited by the appropriate regional accrediting agency and duly elected to active membership under the provisions of this article (see Bylaw 20.2).” [13]

“Membership is available to four-year colleges and universities that are accredited by one of the regional accrediting agencies and are located in the United States, its territories or possessions, and athletics conferences. Such institutions or organizations must accept and observe the principles set forth in the bylaws.” [13]

The Division II standards are similar to Division I’s:

“An active member institution is a four-year college or university accredited by the appropriate regional accrediting agency (Middle States Association of Colleges and Secondary Schools, New England Association of Schools and Colleges, The Higher Learning Commission, Northwest Commission on Colleges and Universities, Southern Association of Colleges and Schools Commission on Colleges, and Western Association of Schools and Colleges) (see Bylaw 7.1.4.1.2.1 for the accreditation standard for an international institution) and duly elected to active membership under the provisions of this article.” [14]

“Membership is available to colleges, universities, and athletics conferences; that have acceptable academic standards (as defined in Bylaw 7.1.4.1.2, and for international institutions see Bylaw 7.1.4.1.2.1); and that are located in Canada, Mexico and the United States, its territories or possessions.” [14]

Division III membership is available to both four-year and two-year upper level institutions (institutions that award baccalaureate degrees to students who completed lower-level coursework before enrollment):

“An active member is a four-year college or university or a two-year upper-level collegiate institution accredited by the appropriate regional accrediting agency and duly elected to active membership under the provisions of this article.” [15]

“Membership is available to colleges, universities and athletics conferences that have acceptable academic standards that are located in the U.S., its territories or possessions and further defined in the constitution.” [15]

NCAA members are not prohibited from joining other governing bodies/organizations. Some Division II and III members compete in other organizations (e.g., the NCCAA) that provide supplemental postseason opportunities should they miss their respective division’s.

Structure

The NCAA is organized by divisions, subdivisions, conferences, and regions. A member’s division dictates which sub-organizations it can or must also be a member of.

Divisions

At the highest level of organization, the NCAA is divided into three divisions. The key distinction between each division is how competitive its members are and how athletes are directly compensated by institutions. Division I (DI) members are considered the association’s most competitive and permitted to offer athletic scholarships that cover tuition and fees, living expenses, books, supplies, and even travel costs to and from campus. Division II (DII) members are competitive and permitted to offer athletic scholarships, but not to the extent of their DI counterparts. Division III members, while not as competitive as DI or DII institutions, are respectable in their own right and uniquely prohibited from awarding financial aid based on athletic ability.

Subdivisions

The NCAA grants each division the authority to establish subdivisions as it sees fit. The only division that has ever exercised this right is Division I. Two subdivisions comprise the association’s largest division and exist exclusively to organize and govern football. The Football Bowl Subdivision (FBS) is the nation’s premier grouping of programs across the vast College Football landscape. Its members are among the oldest, most decorated, and resource-driven in the country. FBS football is revered for its unrivaled regular season urgency and postseason bowl game celebration. The Football Championship Subdivision (FCS) is best known for crowning the association’s official Division I football champion. Many of their members are as tradition-filled and passionate as their FBS counterparts. Members hail heavily from the eastern half of the US but touch states in the west that the FBS does not. A multi-round postseason tournament determines the subdivision’s champion.

Regions

Division II and III programs are assigned to division-specific regions. Teams are assigned to regions based on their geography and/or conference membership. Regions are large and comprise multiple conferences (and independents). Teams in the same region typically share conference membership (or independence). Those in separate conferences sometimes elect to schedule non-conference games against each other due to their regional proximity. The significance of regions varies by division.

Conferences

Every NCAA member is permitted, but not obligated, to join a conference within their respective subdivision and/or division. The functions and priorities of conferences vary by parent organization. The main function of DII and DIII conferences is to schedule matchups for their members. DI conferences schedule matchups for their members as well but must also orchestrate sizable media agreements that best suit their members. Each FBS conference is informally tasked with securing profitable broadcasting agreements with the nation’s largest legacy media organizations. FBS conferences additionally advocate for legislative amendments in a more regular and influential manner than their FCS, DII, and DIII counterparts. Some FCS conferences pursue broadcasting deals with legacy media networks. Most, however, develop an internal infrastructure similar to those in DII and DIII.

The regionality of conferences varies by classification. Some Division I conferences prioritize proximate membership, while others do not. Conferences with a large geographic footprint leverage their size to reach markets and audiences in several areas of the country. Most Division II and III conferences are hyper-regional, meaning members hail from just one or a few neighboring states. This setup offers several assurances for members. First and foremost, conference members consistently compete against each other, which often promotes sustainable regional rivalries. It also keeps transportation costs low, an essential for colleges with limited athletics budgets. Larger conferences sometimes elect to establish divisions to regionalize their members further. Organizations with this structure can pit division champions against each other at the end of the regular season to crown a true conference champion.

Teams who choose not to join a conference, or “Independents,” are solely responsible for scheduling their games annually. Despite not being in a conference, independents are still eligible for a berth in their respective division/subdivision’s postseason.

Governance

Authority

The NCAA is a 501(c)3 non-profit organization. Organizations with this designation are tax-exempt, as outlined by 26 U.S. Code § 501 [7]:

“An organization described in subsection (c) or (d) or section 401(a) shall be exempt from taxation under this subtitle unless such exemption is denied under section 502 or 503.” [7]

“The following [exempt] organizations are referred to in subsection (a): Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.” [7]

The highest authority in the NCAA is the Board of Governors (the board):

“Bringing together presidents and chancellors from each division, former student-athletes, along with select leaders from inside and outside the NCAA membership, the board is responsible for leading the NCAA and presiding over issues that affect the entire NCAA membership.” [8]

Structure

The Board of Governors is comprised of nine voting and seven non-voting members. The nine voting members are as follows:

• Four members from Division I, to include at least one member institution president or chancellor and one conference commissioner.
• One member from the Division II Presidents Council.
• One member from the Division III Presidents Council.
• Two independent members who are not currently employed or compensated by any member institution.
• One graduated NCAA student-athlete, who shall have graduated not more than four years prior to appointment.

The seven non-voting representatives, designated as “ex officio” members, are as follows:

• The NCAA president (the president is granted voting powers when the board faces a tie-breaker scenario)
• The Division I Council chair
• The Division II and Division III Management Councils chairs
• One president of a Historically Black College and University (HBCU)
• One former NCAA student-athlete from each of the two divisions not represented by the student-athlete voting member of the board, who shall have graduated not more than four years prior to appointment.

The board is tasked with establishing association-wide policies and procedures that each member and sub-organization must abide by. Duties and responsibilities of the board include:

“Providing final approval and oversight of the Association’s budget, enterprise risk management, strategic planning and establishing policies related to fiduciary responsibility; Employing the Association’s president, who shall be administratively responsible to the Board; Formulating policies and procedures consistent with the NCAA Constitution; In consultation with the leadership of the divisional governing bodies, adopting and implementing legal strategy, Association risk mitigation, and government relations and policy matters that affect the Association; Convening the annual Convention and may call for a special convention as needed.” [10]

The Board of Governors is permitted to establish committees that fulfill its duties and responsibilities, as outlined in the Constitution [11]:

“[The board] may create an executive committee and other committees or bodies to fulfill the duties and responsibilities of the board.” [11]

The board’s most prominent committee is the Executive Committee. Its primary function is to respond to external changes/events that impact the association as a whole swiftly and efficiently:

“There are six members from the NCAA Board of Governors that make up the Executive Committee. The composition includes four voting members (chair and vice-chair of the Board of Governors, a voting member from the division not represented by the chair and vice chair, and an independent member) and two ex-officio, nonvoting members (chair of the Board of Governors Finance and Audit Committee and the NCAA president). The purpose of the Board of Governors Executive Committee is to promote and maintain a more effective and efficient governance process.” [8]

While it is the foremost authority of the association, the Board of Governors acts largely in an advisory capacity. The board and all association-wide committees established by the board are not permitted to enact association-wide legislation or compel divisions to adopt legislation:

“Changes in legislation, however, require each division to take action. The Association-wide committees propose changes to the divisions, which then debate and vote on the proposals through their legislative processes. These committees explore issues impacting the health and safety of student-athletes or opportunities for women and minority groups in college sports.” [10]

The association-wide committees vary in structure and purpose. They are designed to handle scenarios where two or more divisions face specific challenges or topics that require greater discussion and review than their respective councils/committees allow for:

“While each NCAA division is empowered with setting its own rules and operating guidelines, some topics rise to a level affecting college sports as a whole and need a coordinated voice to guide the Association in a unified direction. For those situations, a group of committees comprising representatives from all three divisions makes recommendations that can impact the entire Association — whether a small, private Division III school or a national champion Football Bowl Subdivision program — equally.” [10]

The Playing Rules Oversight Panel (PROP), for example, is comprised of six Division I representatives, three Division II representatives, and three Division III representatives. PROP provides recommendations to divisions for the adoption of new, or amendment to existing, rules related to competitions.

The president, in addition to representation on association-wide committees, is the head of the NCAA National Office. The National Office assists member institutions with operational functions and other administrative tasks:

“The 500 employees at the NCAA’s Indianapolis headquarters interpret and support member legislation, run all championships and manage programs that benefit student-athletes.” [12]

As previously mentioned, each division is granted the authority to enact legislation of its own. This offers divisions the flexibility to tailor rules and regulations that best suit their members’ priorities and missions. The association grants divisions full autonomy to establish regulations regarding sub-organizations, academics, financial compensation for athletes, rules enforcement, national championships, sponsored sports, and more. Each division’s governance structure and processes are unique. Generally speaking, each division has a foremost authority similar to the Board of Governors. Most committees report directly to the division’s council, which then reports to the highest authority. Some committees bypass the council and report directly to the highest authority. Legislative proposals must flow through these entities first before membership ultimately votes on enacting them. The Division I structure also contains a separate “Autonomy” procedure for the division’s largest and most powerful players. These conferences and their members can propose, vote on, and enact legislation of their own in designated autonomous areas and are not required to move proposals through the division’s committees/councils.

Subdivisions and conferences are granted the authority to govern their members in a manner that is equally or more stringent than their parent subdivision, division, and the association itself so long as those regulations do not conflict with the parent organizations’.

Scheduling

Regular Season

Divisions are tasked with establishing legislation related to scheduling requirements and procedures. Each division’s respective bylaws specify a minimum and maximum number of games its members and their student-athletes can partake in, as well as any other requirements. Divisions with subdivisions (Division I) maintain specific requirements for each subdivision. Divisions and subdivisions, however, do not perform the actual function of scheduling; rather, this responsibility is deferred to conferences, their member institutions, and independents. Conferences typically schedule a fixed number of matchups between their members, ensuring each team plays the same number of conference opponents. How a conference does this is determined internally. The remainder of a team’s schedule is open-ended. A team can fill it with opponents outside their conference or designate any remaining conference opponents as “non-conference.” As implied, independents are solely responsible for scheduling their games in a given season.

Conference Championships

Conference championship games throughout the association’s sub-organizations are counted towards each institution’s playing season. A conference championship game, however, is not counted towards an institution’s regularly scheduled contest maximum.

Each FBS conference hosts a conference championship game at a designated neutral site or at the highest seed’s home field. The primary purpose of these contests is to guarantee members receive berths to the College Football Playoff and/or bowl games that the conference shares an agreement with.

The Southwestern Athletic Conference is the only FCS conference that hosts a designated conference championship game to crown its champion. The two division champions (determined by internal metrics) play at the higher seed’s home field. The higher seed is determined by conference record or, in the event of a tie-breaker, a number of internal metrics. The primary purpose of the championship is to determine which program will earn a berth to the Celebration Bowl. The subdivision’s remaining conferences utilize internal metrics alone to crown a regular season champion.

Division II and III conferences may host a championship game to bolster their members’ case for a postseason berth/invitation. Participating conferences will pit their two highest-seeded members or, if the conference has divisions, their two division crowns, against each other. A conference determines its highest seeds with internal metrics, which can also be applicable when selecting the site of the championship game. Conferences that do not host a designated championship game also utilize internal metrics to crown a regular season champion.

Postseason

Postseason play, including playoff/championship tournaments and bowl games, begins after the regular season has concluded.

Playoffs & Championship Tournaments

There are four unique playoffs/championship tournaments in the association, three of which are hosted and operated by the NCAA.

College Football Playoff

Every FBS program is eligible to compete in the College Football Playoff (CFP). The College Football Playoff is not an association-sanctioned postseason tournament but its victor is widely considered the subdivision’s “National Champion.” The College Football Playoff Selection Committee releases a weekly Top-25 poll beginning in the second half of the season. This ranking takes precedence over the Associated Press and AFCA Coaches Top-25 polls. The Committee releases its final rankings on the Sunday following “Conference Championship weekend.” A 12-team (5+7 model) selection and seeding process then occurs based on these rankings and the playoff’s placement procedures. First, the five highest-ranked conference champions (automatic bids) and the next seven highest-ranked teams (at-large bids) are selected to participate. The Committee then uses the “straight-seeding” method to appropriately place each team, meaning the selected teams are seeded in the order of their rankings. The top four seeds receive a first round bye while the remaining eight seeds play each other (5–12, 6–11, 7–10, 8–9) at the higher seed’s home venue. The four victors advance to the quarterfinals and play the top four seeds in a designated bowl game. The remaining four play in a designated bowl game in the semifinals and the two remaining victors play in the College Football Playoff National Championship where a national champion is ultimately crowned.

NCAA Division I Football Championship

Every FCS program, except members of the Mid-Eastern Athletic Conference and Southwestern Athletic Conference, is eligible to compete for the Division I Football Championship. Eleven conference champions are awarded automatic bids while the thirteen remaining at-large bids are determined by the Division I Football Championship Committee. Once all 24 teams have been selected, the Committee begins by seeding the top 16 teams with the top-8 receiving a first round bye. They then establish first round matchups between the 9-16 seeds and the final eight teams. The Committee works to keep first and second round matchups geographically proximate while avoiding regular season rematches. The top 8 seeds begin play in the second round against the first round victors. The second round victors advance to the quarterfinals, whose victors then advance to the semifinals. The two remaining victors play at a designated neutral site in the Division I Championship where a national champion is ultimately crowned.

NCAA Division II Football Championship

Every DII program is eligible to compete for the Division II Football Championship. The DII playoffs is a 32-team field of automatic qualifiers and at-large bids. The Division II Football Committee publishes a Top-10 rankings in the final three weeks of the season for each Super Region. The committee meets at the conclusion of the regular season and ranks the top 10 teams in each Super Region one last time. Eight teams from each Super Region are selected to compete for the title. First, each conference champion is granted an automatic berth to the playoffs. The remaining seeds from each region are then selected in an at-large capacity. All eight teams in each Super Region are seeded together in the order of their ranking. The committee works to keep first and second round matchups geographically proximate while avoiding regular season rematches. To achieve this, the committee can pit any of the unseeded teams (5–8) against the seeded ones (1–4) in the first round and even move unseeded teams between Super Regions to mitigate travel. The playoff begins with all 32 teams participating in the first round. The second round victors advance to the quarterfinals, whose victors then advance to the semifinals. The committee reseeds the final four teams for the semifinals. The two remaining victors play at a designated neutral site in the Division II Championship where a national champion is ultimately crowned.

NCAA Division III Football Championship

Every DIII program is eligible to compete for the Division III Football Championship. The DIII playoffs is a 40-team field of automatic qualifiers and at-large bids. Each conference champion is granted an automatic berth to the playoffs. The remaining at-large slots are determined statistically by the NCAA Power Index (NPI). The NPI also drives the seeding process that determines the 24 teams receiving a first round bye and the top 8 that play the first round victors. Similar to FCS and DII, the Division III Football Committee works to keep early-round matchups as geographically proximate as possible, even at the expense of a higher seed playing a slightly higher, lower seed. The second round victors advance to the third round, then the quarterfinals, then the semifinals. The two remaining victors play at a designated neutral site in the Amos Alonzo Stagg Bowl where a national champion is ultimately crowned.

Bowl Games

The Football Bowl Subdivision is revered for its bowl games and the history, tradition, and pageantry that make them the cherished institutions they still are today. Festivities, celebrations, and events help promote the bowl throughout the year, particularly in the weeks leading up to the game. The subdivision offers more bowls that are celebrated on a greater scale than any other classification across the College Football landscape. To be bowl game-eligible, a team must win at least six games against FBS opponents:

“A ‘deserving team’ shall be defined as one that has won a number of games against Football Bowl Subdivision opponents that is equal to or greater than the number of its overall losses. Tie games do not count in determining a team’s won-lost record. Further, if forfeiture of a regular-season football victory is required by the Committee on Infractions or a conference, or is self-imposed by an institution as a result of a violation of NCAA rules, neither of the competing institutions may count that contest in satisfying the definition of a ‘deserving team.’” [13]

An exception does exist, however, that allows FBS teams to count one FCS opponent towards the six-game minimum:

“Each year, a Football Bowl Subdivision institution may count one victory against a Football Championship Subdivision opponent toward meeting the definition of a "deserving team," provided the opponent has averaged 90 percent of the permissible maximum number of grants-in-aid per year in football during a rolling two-year period.” [13]

Each bowl has conference tie-ins and predetermined methods for team selection. The Rose Bowl, Sugar Bowl, Orange Bowl, Cotton Bowl, Peach Bowl, and Fiesta Bowl (also called the “New Year’s Six”) host the quarterfinal and semifinal rounds of the CFP and, thus, do not have tie-ins.

The Football Championship Subdivision hosts exactly one bowl game annually: the Celebration Bowl. The “Black National Championship” pits the non-playoff-participating MEAC and SWAC champions against each other to crown the nation’s best HBCU program.

While there are a greater number of DIII than DII bowls, the two divisions follow a similar format for their games. Each division sponsors a select number of bowl games for teams not competing in the playoffs. Each bowl has conference tie-ins and is played at a designated neutral site within the participating conferences’ geographical footprint to maintain regional relevance. Bowls organizers work closely with their host location to promote the culture, commerce, and nonprofit organizations within the local community. Bowl games also allow programs to learn, practice, and compete as a team for an additional week with the opportunity to put a bow on a successful regular season campaign.

Media Rights

Conferences and members (whether conference-affiliated or not) control their media rights arrangements. Conferences can, but are not required to, provide a media and broadcasting infrastructure for their members. How this is done varies by division and subdivision.

FBS conferences and members procure multi-million dollar agreements with the nation’s largest legacy media organizations. These networks broadcast games linearly (cable/satellite) alongside the network’s linear streaming equivalent or on supplemental streaming networks (e.g., ESPN+). Independent programs pursue similar agreements with the same networks.

As a whole, the FCS takes a mixed approach to media rights agreements. Some conferences follow the FBS model and seek deals with linear television networks. These agreements differ from the FBS’s, though, as only a select number of games are aired linearly (e.g., ESPN2) while the vast majority are broadcast on a subscription-based streaming network (e.g., ESPN+). Some conferences procure agreements with subscription-based providers exclusively (e.g., FloSports). Other FCS conferences broadcast games on a custom-built conference network. These networks are typically powered by industry-standard streaming platforms (e.g., HudlTV) and also allow institutions to enable a subscription service (i.e. a paywall) to generate additional revenue from viewership, should they choose. Conferences can also air games on a general streaming platform (e.g., YouTube) exclusively or in addition to another service. Instead of using a paywall, institutions can earn additional revenue from broadcasts with advertising.

Division II and III conferences and members also take a mixed approach to their media rights. Some conferences procure agreements with subscription-based providers exclusively. Others broadcast games on a custom-built conference network or general streaming platform.

Members are not mandated to exclusively utilize their conference’s media provider unless stated in the conference’s bylaws. Independents are free to broadcast games on any platform of their choosing.

Postseason participants may become subject to a new set of broadcasting agreements that take precedence over existing ones.

Recruitment

The NCAA’s recruiting standards are the most stringent and detailed in College Football. The association delegates the establishment and amendment of recruiting legislation to its divisions, as outlined in the Constitution:

“Division by-laws shall be designed to promote informed decisions and balance the interests of prospective and current (or transfer) student-athletes, their educational institution and intercollegiate athletics as a whole.” [11]

The bylaws address an all-encompassing range of scenarios, technicalities, and exceptions related to the recruiting guidelines in great detail. Authorized recruiters (recruiters) must understand the nuances of each type of recruiting activity, when they can engage in them, and which student-athletes are eligible for recruitment.

The NCAA defines a prospective student-athlete as a student who has started classes for the ninth grade. If a student, the student’s family, or the student’s close associate receives financial assistance or other benefits that the institution does not provide to prospective students generally, that student is also a prospective student-athlete regardless of the student’s grade.

Division I recruiting rules are the most strict and nuanced in the association. Most legislation applies to both subdivisions, but specific regulations are tailored to each to best suit their members’ priorities. Each individual at or associated with a Division I institution who engages in recruiting activities must be officially designated as a recruiter by the institution. Any recruiter who wishes to engage in off-campus activities must be an authorized staff member of the institution and partake in regular, on-campus coaching activities. FBS programs are allowed up to 11 off-campus recruiters while FCS are allowed up to 13. A recruiting-person day is one where an off-campus recruiter engages in recruiting activities with a prospect. Multiple recruiters engaging in this activity on the same day counts as several recruiting-person days. Each institution is permitted 140 of these days during the spring contact period. Any form of communication or correspondence (contact) with a prospect is prohibited until the student-athlete’s junior year. The Division I recruiting calendar is defined by contact periods, evaluation periods, quiet periods, and dead periods. The contact period permits recruiters to engage in any form of recruiting activity including off-campus, in-person contact with an eligible prospect. The evaluation period allows recruiters to go off-campus to determine a prospect’s academic and athletic qualifications without engaging in any form of in-person contact with the prospect. The quiet period permits any form of on-campus recruiting but prohibits all forms of off-campus recruiting. The dead period prohibits all forms of on-campus and off-campus recruiting except for contacting a recruit remotely. Finally, a recruiting shutdown prohibits a recruiter from engaging in any form of recruiting. Exceptions to the division’s legislation exist for prospective student-athletes who have signed a National Letter of Intent (NLI) and/or are enrolled at an institution. The Service Academies receive additional exemptions regarding the recruiting process due to their unique stature and internal procedures.

The Division II recruiting infrastructure is more relaxed than Division I as it permits more staffers to engage in more activities during more frequent intervals throughout the year. All authorized athletics department staff members are permitted to engage in off-campus, in-person recruiting activities with a prospective student-athlete. The recruiting calendar is broken into two periods. The quiet period runs from June to July while the contact period runs from August to May with brief dead period exceptions for signing days, meaning recruiters can engage in all forms of recruiting activities for 10 months of the year. Any form of contact with a prospect is prohibited until the student-athlete’s junior year. A recruiter may contact and engage in activities with a transfer student once written permission has been obtained by the recruiter from the athletic department of the transfer student’s institution or the transfer himself.

Division III recruiting legislation is the most relaxed in the association. A recruiter includes any authorized athletics department staff member or representative of an institution’s athletics interests. Unlike Divisions I and II, Division III institutions can designate representatives to engage in in-person, on-or off-campus recruiting contact with a prospective student-athlete. All forms of recruiting activities are permitted throughout the entire year because Division III does not maintain a recruiting calendar. Prospective student-athletes are prohibited from signing an NLI to compete at a Division III institution because binding documents are not permissible for the institutions to extend. Any form of contact with a prospect is prohibited until the conclusion of the student-athlete’s sophomore year. A recruiter may contact and engage in activities with a transfer student once written permission has been obtained by the recruiter from the athletic department of the transfer student’s institution or the transfer himself.

Compensation For Athletes

Scholarships

Current/prospective student-athletes of an NCAA institution may be eligible to receive athletic scholarships depending on their institution’s classification. Each division and subdivision has its own regulations that outline what forms of institutional aid a student-athlete can receive.

Division I institutions are permitted to offer scholarships to student-athletes based on their athletic merit. The type and number of scholarships each institution can distribute varies by subdivision. FBS institutions are permitted to offer up to 85 scholarships that cover an athlete’s full cost of attendance. FCS institutions are permitted to offer up to 63 “equivalency” scholarships to a maximum of 85 student-athletes, giving schools the flexibility to offer full and partial scholarships as they see fit:

“A student-athlete may receive scholarships or educational grants-in-aid administered by (see Bylaw 15.02.1) an educational institution that do not conflict with the governing legislation of this Association.” [13]

Donors are permitted to contribute to a particular sport’s scholarship fund but are prohibited from directing the allocation of said funds:

“An individual may contribute funds to finance a scholarship or grant-in-aid for a particular sport, but the decision as to how such funds are to be allocated in the sport shall rest exclusively with the institution. It is not permissible for a donor to contribute funds to finance a scholarship or grant-in-aid for a particular student-athlete.” [13]

Division II institutions are permitted to offer up to 36 equivalency scholarships to student-athletes. Similar to Division I, donors are permitted to contribute to a particular sport’s scholarship fund but are prohibited from directing the allocation of said funds:

“An individual may contribute funds to finance a scholarship or grant-in-aid for a particular sport, but the decision as to how such funds are to be allocated in the sport shall rest exclusively with the institution. It is not permissible for a donor to contribute funds to finance a scholarship or grant-in-aid for a particular student-athlete.” [14]

Student-athletes at Division III institutions are strictly prohibited from receiving any form of financial aid based on their athletic capabilities/associations:

“A member institution shall not award financial aid to any student on the basis of athletics leadership, ability, participation or performance.” [15]

Donors are, therefore, also prohibited from contributing to Division III athletics programs:

“It is not permissible for a donor to contribute funds to provide financial aid for student-athletes.” [15]

Despite this restrictive legislation, over 80% of Division III athletes receive some form of financial assistance. Student-athletes can receive additional financial aid from an institution, the government, family (whom the athlete is a dependent of), or other organizations, granted the aid is not based on the student’s athletic merit and the entire student body is also eligible for it:

“Division III student-athletes still have equal opportunity and access as the general student body to financial aid based on merit and need, and about 80% receive some form of a grant or nonathletics scholarship.” [24]

“Financial aid awarded solely on basis having no relationship to athletics leadership, ability, participation or performance [is a permitted source of financial aid].” [15]

Name, Image, and Likeness (NIL)

Effective July 2021, student-athletes in the association are permitted to leverage their Name, Image, and Likeness (NIL) for financial gain:

“An individual may receive compensation for the use of the individual’s name, image and likeness, which may be secured or compensated based, in whole or in part, on athletics skill or reputation. Name, image and likeness activities may not be used to compensate a student-athlete for athletics participation or achievement.” [13]

NIL activity is defined in each division’s bylaws as follows:

“Name, image and likeness activity is any activity that involves the commercial use of an individual’s name, image or likeness to advertise or endorse the sale or use of a product or service. Name, image and likeness compensation must include quid pro quo (e.g., compensation for work performed), not be contingent upon initial or continued enrollment at a particular institution, and not be in return for athletics participation or achievement.” [13]

Student-athletes are permitted to utilize professional service providers to broker NIL agreements between themselves and businesses. An NIL entity (collective) is:

“An individual, group of individuals or any other entity organized to support the athletics interest of an NCAA school or group of schools by compensating student-athletes for NIL activities on behalf of itself or another third party.” [25]

Collectives can facilitate, fund, and/or organize the disbursement of NIL funds from multiple entities toward student-athletes. Institutions are permitted to provide information about legislation, collectives, and a prospective entity to a student-athlete without becoming privy to those discussions or arrangements.

The association’s legislation strictly prohibits the inducement of a student-athlete via NIL agreement(s):

“Name, image and likeness activities may not be used as an inducement for an individual to enroll or remain enrolled at a specific institution.” [13]

A collective, individual, business, or other entity cannot compensate a student-athlete contingent on his performance, prospective enrollment at an institution, or in any other fashion that fits the association’s definition of “pay-for-play.” Institutions can establish more stringent rules governing NIL activities under their purview so long as they do not contradict state legislation permitting an athlete to earn based on his NIL.

References

1. History (May 4, 2021)
2. NCAA Group Opens Talks On Money Aid To Players (August 20, 1956)
3. NCAA Widens Its Programs For Next Year (August 14, 1963)
4. Bowl Survey May Lead To Tighter Code (December 12, 1962)
5. NCAA Presidents Commission Handbook (1989-1990)
6. The NCAA Presidents Commission, representing top executives of the... (January 7, 1987)
7. United States Code
8. Who are the NCAA Board of Governors (May 26, 2021)
9. Governance (February 9, 2021)
10. How The NCAA Works (2024)
11. NCAA Constitution (2021)
12. What is the NCAA? (February 10, 2021)
13. NCAA Division I Manual (2024-2025)
14. NCAA Division II Manual (2024-2025)
15. NCAA Division III Manual (2024-2025)
16. How the NCAA Works - Division I
17. How the NCAA Works - Division II
18. How the NCAA Works - Division III
19. About the 12-Team College Football Playoff Format (2024-2025)
20. NCAA Division I Prechampionship Manual (2024-2025)
21. Division II approves automatic-qualification privileges for football (January 17, 2025)
22. NCAA Division II Prechampionship Manual (2024-2025)
23. NCAA Division III Prechampionship Manual (2024-2025)
24. Our Division III Students
25. Division I Council approves NIL disclosure and transparency rules (January 10, 2024)
26. Name, Image, Likeness (July 9, 2021)