VIII. Closing Thoughts

Two overarching and interconnected themes emerge from an analysis of the role of federal agencies in college sports.

First, through action (FTC/SPARTA, IRS, DOJ Criminal Division) or inaction (OCR, DOJ Antitrust, EEOC), federal agencies have protected NCAA and Power 5 interests more than athlete interests.

The NLRB is a notable exception, but athletes are far from realizing tangible, practical protections and benefits, even if they can establish employee status that survives agency and judicial review.

Second, and relatedly, the NCAA and Power 5’s aggregate institutional might and the power of college sports mythologies have invisibly seeped into the culture and thinking of decision-makers at nearly all levels of the federal government, including most federal agencies.