Thursday, October 12, 2023

Unionization Push for NCAA Student Athletes Could Have Unintended Consequences

The Dartmouth men’s basketball team’s recently filed a unionization petition, which, if granted, would convert these student-athletes into university employees.  This conversion may have unintended consequences for international students on the Dartmouth team.

Those students are in the country on F-1 status, which permits on-campus employment of up to 20 hours per week.  However, by their own admission, the basketball players spend almost 40 hours per week on Division 1 college basketball activities (i.e., practicing, strength training, games, travel, etc.).

“I am committed to 35 hours a week, 11 months a year athletic training, and competing while managing the rigorous Ivy League academic course load,” wrote Neskovic, a senior at Dartmouth, who is one of four international students currently on the Big Green’s men’s basketball roster.

Thus, the union bid may inadvertently lead to the foreign athletes losing status.  As this article explains, other visa options such as P-1 and O-1 may not be readily available for them.  

The O-1 category is difficult and reserved for athletes at the highest level (i.e., the NBA, not college athletes).  Chances are likely higher with the P-1 category, although the league that the Dartmouth players compete in (i.e., the mid-to-low level Division 1 Ivy League) may not meet the P-1 requirement of being a "distinguished" event.  Another option for full-time employment, Curricular Practical Training (CPT) seems inapplicable as CPT studies need to relate to the student's course of study.  Basketball matches, though well-integrated into the typical college's social scene, are not academic endeavors.  Thus, the students may ironically be better off as remaining as students and not employees.