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 NCAA split its membership into the University and College Divisions in 1957. The University Division was for the association’s larger and more prevalent programs while the College Division hosted the association’s smaller, emerging programs. This split aimed to create association-wide competitive balance by acknowledging the difference in resources institutions were willing to devote to athletics. The association reorganized its divisional structure into three divisions in 1973. The University Division was renamed Division I 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). The Division I-A and I-AA subdivisions were renamed the Football Bowl Subdivision (FBS) and Football Championship Subdivision (FCS), respectively, in 2006.

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).” [2]

“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.” [2]

NCAA members are not prohibited from joining other governing bodies/organizations.

Structure

The Football Bowl Subdivision is a sub-organization of the National Collegiate Athletic Association. NCAA members are governed by one of the association’s three divisions: Division I, Division II, and Division III. Division I membership is uniquely split by the FBS and FCS (Football Championship Subdivision) subdivisions.

The Football Bowl Subdivision is organized solely by conferences. Each conference belongs to a governance-backed hierarchal system defined by the “Autonomy” and “Non-Autonomy” groupings.

Conferences

Every FBS member is permitted, but not obligated, to join a conference of their choosing. The two main functions of FBS conferences are to schedule matchups for their members and orchestrate sizable media agreements that best suit their members. Each 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. 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 the 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 [3]:

“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.” [3]

“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.” [3]

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.” [4]

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.” [5]

Instead, each division has a governing structure that best suits its members needs:

“Each division shall determine its own governing structure and membership.” [6]

The highest authority in the division is the Board of Directors (the Board):

“The Board of Directors shall serve as the overall governing body for Division I, with responsibility for strategy, policy, legislative oversight and management oversight.” [2]

The Division I Council (the Council) reports directly to the Board and is considered the division’s foremost operational authority:

“The Division I Council shall serve as the division’s primary legislative authority, subject to review by the Board of Directors.” [2]

The Football Bowl Subdivision does not have a governing structure of its own. Instead, the subdivision falls under the legislative purview of the governing entities that comprise Division I.

Structure

The Board of Directors consists of 24 members including 19 presidents or chancellors, one director of athletics, one senior woman administrator, one faculty athletics representative and two student-athletes. The 19 presidents/chancellors are as follows:

• One institutional president or chancellor from each of the nine FBS conferences
• Five institutional presidents or chancellors from the eleven non-football-only FCS conferences
• Five institutional presidents or chancellors from the eleven non-football, non-sport-specific Division I conferences

The Board is granted sweeping authority over the division’s various committees and bodies, including the Division I Council. Powers and responsibilities of the Board include but are not limited to:

“Address future issues, challenges, opportunities and outcomes, focusing on strategic topics in intercollegiate athletics and its relationship to higher education;” [2]

“Review and set parameters that guide and determine present and future decisions, embracing general goals and acceptable procedures;” [2]

“Monitor legislation to ensure it does not conflict with basic policies and strategic goals;” [2]

“Ratify, amend or defeat academically related legislation adopted by the Council and, at its discretion, adopt academically related legislation otherwise addressed by the Council;” [2]

“Rescind or adopt other legislation addressed by the Council in order to prevent an extraordinary adverse impact on the Division I membership;” [2]

“Adopt legislation or grant relief from the application of legislation in circumstances in which significant values are at stake or the use of the regular legislative process is likely to cause significant harm or hardship to the Association or the Division I membership because of the delay in its effective date;” [2]

“Delegate to the Council responsibilities for specific matters it deems appropriate;” [2]

“Appoint members of the Committee on Infractions, Infractions Appeals Committee, Council and Committee on Academics;” [2]

“Determine whether legislation proposed as an area of autonomy is consistent with the scope and nature of the applicable area of autonomy as set for in Bylaw 9.2.2.1.2;” [2]

“Elect institutions to active Division I membership.” [2]

The Division I Council consists of 40 members including athletics administrators (e.g., athletics directors, senior woman administrators, conference administrators, compliance administrators and other senior level administrators), faculty athletics representatives and student-athletes. The 40 members are as follows:

• Thirty-one athletics administrators or faculty athletics representatives, 60 percent of which shall be directors of athletics, from each of the:
• FBS conferences (9)
• Non-football-only FCS conferences (11)
• Non-football, non-sport-specific Division I conferences (11)
• One conference commissioner from an autonomous FBS conference
• One conference commissioner from a non-autonomous FBS conference
• One conference commissioner from a non-football-only FCS conference
• One conference commissioner from a non-football, non-sport-specific Division I conference
• Two faculty athletics representatives
• Two members of the Student-Athlete Advisory Committee

The powers and duties of the Council are granted by the Board and include but are not limited to:

“Recommend nonacademic policies to the Board of Directors;” [2]

“Coordinate strategic planning activities;” [2]

“Take final action on matters delegated to it by the Board of Directors;” [2]

“Make interpretations of the bylaws;” [2]

“Review the recommendations of the substructure;” [2]

“Act as the final authority regarding championships matters in Division I or in a National Collegiate Championship that are subject to appeal to the Council;” [2]

“Oversee the appointment of the members of the substructure (e.g., subcommittees and committees);” [2]

“Oversee Division I membership requirements and processes;” [2]

The division has numerous committees that accept input from institutional leaders, debate proposed legislation, and present self-sponsored proposals to the body they report to. Some committees report directly to the Board while most instead report to the Council. Each committee is responsible for fulfilling the duties delegated to it by its reporting body including but not limited to hearings, appeals, and oversight. The composition of each committee varies by purpose. Two committees of note are the FBS and FCS Oversight Committees, which make legislative recommendations to the Council regarding the regular season and postseason.

The Division I governance structure is defined by two unique legislative processes. The standard process includes the Board, the Council, and committees. New or amendments to legislation can be introduced to the standard process in one of two ways. Member institutions, ADs, or conferences can propose a change to one of the division’s many rules, representations, or sport-specific committees. Proposed legislative changes, once sponsored by a committee, are presented to the Council. Alternatively, conferences can propose a change directly to the Council. Proposed legislation in the standard process requires a majority vote from the Council to be approved. Matters related to a specific subdivision are voted on solely by those representatives. A separate “Autonomy” process exists for select conferences and their members. The Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, and Southeastern Conference (the “Power Four”) are permitted to propose, vote on, and enact legislation in specific “areas” without needing to move through committees or the Council. Areas of autonomy include:

• Athletics Personnel
• Insurance and Career Transition
• Promotional Activities Unrelated to Athletics Participation
• Recruiting Restrictions
• Preenrollment Expenses and Support
• Financial Aid
• Awards, Benefits and Expenses
• Academic Support
• Health and Wellness
• Meals and Nutrition
• Time Demands

Expansion of the autonomous areas requires sponsorship from three conferences and a 60% approval from the Board of Directors.

The subdivision’s remaining conferences (American Athletic Conference, Conference USA, Mid-American Conference, Mountain West Conference, Pac-12 Conference, & Sun Belt Conference), also called the “Group of Five,” are classified as “Non-Autonomous,” meaning self-proposed legislative changes to the division must work through the standard procedure for approval. Legislation passed by autonomous members, however, can (and often does) also impact non-autonomous members. When voting on non-scholarship limit football proposals through the standard procedure, autonomous conferences receive two votes each while the remaining conferences receive one vote each (voting on scholarship limit-related proposals is unweighted).

Scheduling

Regular Season

Divisions of the association 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.

The Football Bowl Subdivision scheduling requirements are outlined in the division’s Bylaws [2]:

“The institution shall schedule and play at least 60 percent of its football games against members of the Football Bowl Subdivision. The institution shall schedule and play at least five regular-season home games against Football Bowl Subdivision opponents. For purposes of satisfying the home-games requirement, a contest shall be considered a home contest if it is played in the stadium in which an institution conducts at least 50 percent of its home contests. In addition, an institution may use one home contest against a Football Bowl Subdivision member conducted at a neutral site to satisfy the home-games requirement.” [2]

FBS programs must play a minimum of 9 games and can play a maximum of 12 regular season contests:

“In bowl subdivision football, an individual student-athlete may participate in each academic year in not more than 12 football contests [excluding exemptions].” [2]

The Football Bowl Subdivision, however, does 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.

FBS and FCS programs are permitted to compete against each other so long as each program attains the minimum regular season scheduling requirement for intra-subdivision contests. In this arrangement, the FBS school typically hosts and financially awards the FCS school for competing against them. The division also maintains strict guidelines outlining permissible and prohibited on-and-off-field activities throughout the year.

Conference Championships

Division I conference championship games are counted towards each institution’s playing season:

“Conference championships must be included within the institution’s playing season.” [2]

A conference championship game, however, is not counted towards an institution’s regularly scheduled contest maximum. In the Football Bowl Subdivision, the maximum number of football contests excludes:

“One conference championship game.” [2]

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.

Postseason

Postseason play, including the College Football Playoff and bowl games, begins after the regular season has concluded.

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.

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.’” [2]

An exception does exist, however, that allows 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.” [2]

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.

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.

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.

Broadcasting agreements set by postseason entities take precedence over any of their participants’ preexisting agreements.

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.” [6]

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. 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.

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:

“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.” [2]

FBS institutions are prohibited from offering scholarships to prospective or current student-athletes that do not cover the full cost of attendance. 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.” [2]

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.” [2]

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.” [2]

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.” [9]

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.” [2]

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 Division I Manual (2024-2025)
3. United States Code
4. Who are the NCAA Board of Governors (May 26, 2021)
5. How the NCAA Works
6. NCAA Constitution (2021)
7. How the NCAA Works - Division I
8. About the 12-Team College Football Playoff Format (2024-2025)
9. Division I Council approves NIL disclosure and transparency rules (January 10, 2024)
10. Name, Image, Likeness (July 9, 2021)