The NCAA Division I Council has rejected the efforts of the leaders of five Division I Conferences (the American Athletic, Mountain West, Mid-American, Sun Belt, and Conference USA conferences) who collectively had asked the NCAA for a blanket waiver on behalf 27 of the 32 NCAA Division I conferences to eliminate its current requirement that a university sponsor a minimum of 16 intercollegiate varsity sports to remain a member of the Football Bowl Subdivision. However, despite the rejection of the waiver request, the NCAA Division I Council Coordination Committee and the Division I Council have agreed continue to review the request and its specific components during their May meetings.

In an effort to have the challenges that universities face during the current COVID-19 environment, the commissioners’ letter pointed out that the “financial challenges being faced include significant decreases in state appropriations, substantial losses in endowment valuation, and a downturn in philanthropic activity.”

The blanket waivers of current NCAA legislation sought to allow each Division I conference and institution autonomy and flexibility to determine any necessary financial adjustments unique to their individual needs.

Division I Council chairwoman Grace Calhoun, the athletic director at the University of Pennsylvania commented with regard to the Council’s rejection of the blanket waiver as follows, “Higher education is facing unique challenges, and the Division I leadership believes it’s appropriate to examine areas in which rules can be relaxed or amended to provide flexibility for schools and conferences,” She continued, “We will prioritize student-athlete well-being and opportunities balanced with reducing costs associated with administering college sports,

but a blanket waiver of sport sponsorship requirements is not in keeping with our values and will not be considered.

Jackson Lewis’ Collegiate and Professional Sports Practice Group will continue to the COVID-19 pandemic and its impact on collegiate and professional sports. Please feel free to reach out to any member of the Collegiate and Professional Sports Practice Group with questions.

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.