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U.S. Supreme Court Denied Stay of Injunction and the NCAA Adopted Emergency Legislation

On August 11, 2020, Justice Elena Kagan, on behalf of the United States Supreme Court, denied the NCAA’s request to stay the injunction entered in In re National Collegiate Athletic Association Grant-in-Aid Cap Antitrust Litigation (a/k/a Alston v. NCAA and Jenkins v. NCAA). Accordingly, on August 12, 2020, the NCAA announced that the NCAA Division I Council adopted emergency legislation effective immediately to address the injunction granted by Judge Claudia Wilken. The emergency legislation permits Division I men’s and women’s basketball and FBS football student-athletes to receive the following:

  • Computers, science equipment, musical instruments and other tangible items not included in the cost-of-attendance calculation but related to the pursuit of academic studies.

  • Post-eligibility scholarships to complete undergraduate or graduate degrees at any school.

  • Scholarships to attend vocational school.

  • Tutoring.

  • Expenses related to studying abroad that are not included in the cost-of-attendance calculation.

  • Paid, post-eligibility internships.

The NCAA, colleges and universities, and conferences also may provide an academic or graduation award or incentive that has a value up to the maximum value of awards an individual student-athlete could receive in an academic year in participation, championship or special achievement awards (combined). The injunction permits these benefits but does not require colleges and universities to offer them. The injunction also allows a conference to set its own limits, if it chooses to do so.

The NCAA is seeking review from the United States Supreme Court.

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