Sports Law: Transfer Portal in College Athletics
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Examine solutions/best practices that have been offered by others and explain the advantages and disadvantages of those solutions
Discuss the legal implications of the problem and proposed solutions.
Propose your own solution to the problem, including what should be done, by whom, and how it can practically be accomplished
Sample Solution
The transfer portal in college athletics has been a source of much debate, with opinions differing on how to best regulate the process. Some believe that schools should require athletes to obtain permission from their schools before entering the portal, while others suggest allowing student-athletes unrestricted access (Bole, 2019). One solution proposed by critics is to create an “open” or “free market” system similar to professional sports, where students would have full control over their own recruitment without restrictions (Bole, 2019). The advantage of this approach is that it would empower student-athletes and provide them with more freedom. However, this could lead to potential issues such as poaching or favoritism within teams and conferences which could lead to competitive imbalance (Bole, 2019).
Another potential solution offered by many is the implementation of a one-time waiver granted prior to each season that would exempt a student athlete from transferring if they remain at the same school for two consecutive seasons (Bole, 2019). This offers some degree of protection against players leaving mid-season but still allows for movement after each year. The main benefit here is that it provides stability through continuity while also giving athletes some freedom. On the downside though, this rule may not be feasible for certain situations where a transfer might be necessary due to changing circumstances such as injury or lack of playing time (Bole, 2019). Ultimately, there are advantages and disadvantages associated with any solution proposed for regulating transfers in college athletics; thus further research must be conducted in order find an optimal balance between providing player freedoms and maintaining competitive fairness among teams and conferences.
