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​NCAA vs. Alston Decided: SCOTUS Unanimously Rejects NCAA Restrictions

6/22/2021

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While numerous state and federal legislators have faced increasing pressure to act on NIL legislation proposals before July 1st, when the NIL laws of 8 different states will go into effect, the Supreme Court issued a major decision on Monday that will have massive implications on the national NIL debate, finally issuing its long-awaited opinion for NCAA vs. Alston.

Almost 3 months after oral arguments were held for NCAA vs. Alston, the Supreme Court, in a major 9-0 ruling, rejected long-standing NCAA regulations against colleges giving academic-related benefits to student-athletes. According to The New York Times, the Supreme Court unanimously held that the NCAA’s policies against student-athletes receiving compensation violated federal antitrust laws, and that the possibility of college-athletes receiving academic-related compensation did not taint the amateurism usually associated with college athletics (Liptak, “Supreme Court Backs Payments to Student Athletes”). Justice Neil Gorsuch issued the opinion of the Court, writing that, “The NCAA accepts that its members collectively enjoy monopoly power in the market for student-athlete services, such that its restraints can (and in fact do) harm competition”, which the Court found to be illegal under antitrust law (Gorsuch, “The Opinion of the Court: NCAA v. Alston”).

NCAA vs. Alston is not the be-all, end-all judgement on the debate of amateurism in college athletics. As The New York Times writer Adam Liptak stated in his report on the case, the Supreme Court’s decision does not answer the question of whether college athletes can be paid, and as Justice Gorsuch noted in the Court’s opinion, it is not intended to. Rather, the Supreme Court’s decision is highly significant because of the pushback against the NCAA’s historic rejection of such benefits to student-athletes. Forbes’s Marc Edelman opines that Justice Brett Kavanaugh’s concurring opinion suggests “that many other NCAA rules may one day similarly fall under antitrust law” (Edelman, “As Earlier Predicted, U.S. Supreme Court Rules Against NCAA, 9-0”). As the ongoing debate over NIL legislation and federal NIL bill continues, the Supreme Court’s decision in NCAA vs. Alston may prove influential for its rejection of the NCAA’s emphasis on amateurism. While Justice Gorsuch notes that the primary question in the decision was whether the NCAA’s policies violated antitrust laws, he also notes the importance of the supposed amateurism in college athletics on the decision in his opinion. Most significantly, the Court’s decision in NCAA vs. Alston seems to assert that the NCAA’s emphasis on amateurism in its athletics are not enough to outweigh antitrust law.

This, of course, holds major implications for the debate on NIL legislation. Despite the NIL laws of many states set to go into effect on July 1st, the federal government has stalled in its attempts to pass a federal NIL bill. However, with the Supreme Court’s recent decision calling long-standing NCAA policy on student-athletes and amateurism into question, the stage may be set for a dramatic legal showdown on the permissibility of the NCAA’s rules on NIL profiting and various states’ rejection of these rules. Ultimately, all of these events will have wide-ranging effects on prospective student-athletes and the college recruiting process at large, the true effects of which remain to be seen. One thing is for sure; the recruiting process is going to change immensely. From this point forward, college athletic programs may have more to offer prospective student athletes than a roster spot.

Sources Used;
- Gorsuch, Neil. “Opinion of the Court: NCAA vs. Alston”. Supreme Court of the United States, 21 June 2021. https://www.supremecourt.gov/opinions/20pdf/20-512_gfbh.pdf
- Edelman, Marc. “As Earlier Predicted, U.S. Supreme Court Rules Against NCAA, 9-0.” Forbes, Forbes Magazine, 21 June 2021, www.forbes.com/sites/marcedelman/2021/06/21/as-earlier-predicted-us-supreme-court-ru les-against-ncaa-9-0/?sh=496b5f5f824b.
- Liptak, Adam. “Supreme Court Backs Payments to Student-Athletes.” The New York Times, The New York Times, 21 June 2021, www.nytimes.com/2021/06/21/us/supreme-court-ncaa-student-athletes.html

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ACT Announces That Post-2016 Test Results Will be Superscored

6/17/2021

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Recently, ACT Inc., the organization responsible for organizing, proctoring, and scoring the ACT test for prospective college students, announced a major change in its regulations. As of this year, ACT Inc. will automatically take the results of all students who have taken the test multiple times after 2016 and superscore them. Superscoring is the practice of combining the highest scores on each of the four subject sections on the test from every individual test taken to create a single uniform “superscore.”

Up to 2 years ago, students were given the choice of sending colleges superscores of ACT test results, or merely their best total score on a single test. Now, according to the ACT website, ACT Inc. will automatically superscore your test results for you, simplifying the process of sending standardized test results to colleges for future applicants. While some schools have differing rules on superscoring tests, ACT Inc. has already stated on their website that they will still send composite scores to colleges that do not accept superscores. As a business, Leonard-Andrew Consulting follows the train of thought that, in time, colleges will find a way to shift to a different process than the traditional standardized testing methodology. However, ACT Inc.’s decision to automatically superscore test results will certainly make it easier for prospective college applicants to put forth their best work to colleges.         

Do you know how to calculate your superscore if you wish to do it yourself?
  1. Gather all ACT score reports since 2016
  2. Identify your best score in each of the 4 subjects
  3. Calculate the average by adding these 4 scores together, dividing by 4, and then rounding to the nearest whole number
For example, 23 + 24 + 25 + 23 = 95, and 95/4 = 23.75. Rounded up to the nearest whole number, your ACT superscore is 24.
           
> Superscores are available as soon as scoring is completed on at least a second ACT test.
 > And, while not all colleges will superscore, many do, and that number is steadily increasing. LAC recommends that you review a college’s test score policy under admissions requirements on their website.
 > Also note; the writing score is not part of a superscore or your composite score. 

​Questions on standardized testing? The college admissions process? Do not hesitate to contact us today!
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Work to Be an Academic All-Star to Give Yourself an Opportunity on the Field

6/9/2021

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While prospective college athletes dedicate much of their time towards improving their raw skills and performance on the field (or court, or ice), some forget that academic accomplishments are just as significant (if not more!) to making that next step from high school athletics to collegiate athletics. Here at the start of June, as high school seniors are winding down the school year, many student-athletes with promising potential college careers - including those  with commitments to major programs - have seen their hopes dashed by not devoting enough time to ‘All-American’ performances in the classroom as well. There are a number of things to remember when it comes to the balance of academic excellence with athletic achievements. Two of the biggest are:
  • Your classroom stats are just as important - if not more - than your in-game stats: You are likely not going to commit (and stay committed) to the school of your dreams, no matter how impressive your game-time statistics may be, if your academic statistics are not impressive also. The same consistency that you devote towards your sport should be applied to your work as a student. People always discuss that the word “student” comes before the word “athlete” in the phrase “student-athlete”, and it’s true. Take the time and effort to focus on earning and maintaining strong grades, which segues into our next step;
  • "All Gas, No Breaks." Don’t be afraid to “run up the score” in the classroom; If you’ve finally committed to the school of your dreams, you’re ready to take your talents to the next step of your athletic career. Great job! But do not get too cocky. You still have time left as a high school student, and it cannot be spent slacking off just because you’ve committed and signed. You need to get your grades up as high as you can...and then keep them there. The best athletes have an obsession with being consistently great at what they do. You must apply this championship mentality to your work in the classroom as well. So, once you sign your letter-of-intent, or once you get to the second semester of your senior year, you cannot limp to the finish line. If anything, keep pushing harder and finish strong.

For additional insights on the college prep process for student-athletes, do not hesitate to contact us today!
 
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    Chad Dorman

    LAC - Founder/Director

    Jaclyn Corley

    Founder - The College Essay Captain, and featured guest blogger here for LAC. It's her mission to inspire people to tell empowering stories.

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