SEC Memo Lists Objections to Athlete Lawsuit Rights and Media Pooling Rules in Protect College Sports Act

SEC commissioner Greg Sankey sent a four-page memo on June 8 to conference presidents and chancellors that lists specific objections to the Protect College Sports Act. CBS Sports obtained a copy of the memo. The memo states that provisions creating a private right of action for athletes and voiding pre-dispute arbitration agreements are likely to increase litigation rather than reduce it.

Sankey wrote that the bill's preemption language leaves public universities exposed because it only overrides state law when the state statute both conflicts with and prevents compliance with the federal measure. Sankey and Big Ten commissioner Tony Petitti met with Sen. Ted Cruz, the bill's sponsor, via video call on June 4.

The Protect College Sports Act was introduced to the Senate on May 27. , and the bill is now in the markup phase. The memo credits the bill for folding collectives into the oversight regime as associated entities of schools.

It objects, however, to the requirement that athletes report deals only to their own campus and that schools pass only anonymized totals to the NCAA. Sankey wrote that disclosure to a national governing entity is critical to enable independent enforcement. Title II of the bill rewrites the Sports Broadcasting Act of 1961 to allow schools to pool and sell media rights together.

The memo states that the current wording exposes the SEC to potential lawsuits and could force the conference into media pooling. Sankey wrote that the voluntary nature of participation must be clearly and unequivocally stated. The memo warns that the pooling language would also allow other leagues to pool postseason media rights, effectively eliminating the College Football Playoff.