In recent years, debates about college athletics have caught the public eye on subjects like Name, Image, Likeness (NIL) compensation and extra years of eligibility.
Proponents of these topics focus on the need to award players a portion of the revenue they produce and to give a fair shot to those affected by injury or the COVID-19 pandemic. Skeptics say the new environment shifts the spirit of recruiting to simply favor the highest bidder and creates the opportunity for players to exploit loopholes.
A parallel discourse has emerged this college basketball season as former professional players of varying (yet limited) experience have increasingly sought to join new teams.
Prominent cases so far have included Charles Bediako, who played in the NBA G-League after two seasons with the Alabama Crimson Tide, Amari Bailey, a former high school phenom who spent a year at UCLA and played 10 games in the NBA, and James Nnaji, who played pro in Europe and was a second-round draft pick in 2023.
Equally varying results have followed. An Alabama judge ruled Bediako ineligible after playing five games; Bailey is still seeking approval, and Nnaji was granted a full four years.
On first impression, one might be quick to reject the notion that anyone who forgoes the opportunity to continue playing collegiate sports in favor of beginning their pro tenure should be able to use the eligibility they have to return and continue to develop their careers.
Not only is the rulebook clear, but popular emphasis is put on this decision. Declaring for the draft is betting on yourself; the idea is that you’re “ready to go”, especially if you successfully make the jump to a team’s roster. Seeing the argument this way makes it look like players are coming back hat in hand and desperately asking for special treatment.
However, Bailey’s lawyer, Elliot Abrams, attempted to levy a comparison of his client’s case to that of international players who are able to play overseas and then in college before going to the league. This is a fairly common occurrence, with notable recent draft picks from this path including Nets guard Egor Demin and Magic forward Franz Wagner.
Abrams has been heavily involved in cases that ended up broadening requirements for players, such as State of Ohio et al. v. National Collegiate Athletic Association, which allowed for multiple-time transfers to not have to sit out a full season before taking the court.
Now he argues, “The NCAA preventing Amari from returning would be all the more absurd now that the NCAA welcomes European professional athletes with open arms … In my view, our constitution and laws don’t allow entities to discriminate against American kids — and denying Amari eligibility would be exactly that.”
The difference is that transitioning upward from college to the NBA has been structured much more rigidly than any situation involving a foreign league, especially with institutions like the Spanish Liga Endesa having allowed for players as young as 14 to play, with names that come to mind being now-Lakers star Luka Dončić and former top-five pick Ricky Rubio.
It’s much more reasonable for foreign leagues to serve a developmental role similar to what college basketball does, and thus moving between the two is seen as lateral or even upward, given the opportunity playing for a premier Division-1 school brings.
Bailey not only signed a pro contract, but played real NBA minutes, and still has every opportunity to prove himself in the G-League or overseas instead of reverting back to where he very consciously closed the door on.
Abrams’ statement seems to be less out of a true belief that American players are being discriminated against and more attempting to take advantage of a guideline’s principle, and this type of effort, more than anything, emphasizes the need for the NCAA to set a firmer precedent in tandem with the court system.
For example, if the judge who ruled Bediako ineligible had done differently, players would be incentivized to declare for the draft after their first college year and would then be available as free agents to bail for the league at any time, including in the middle of a season. This would put coaches and programs in a tough spot.
While the “point of no return” in terms of forgoing eligibility remains keeping your name in the draft past the NCAA deadline, the organization is tasked now with disincentivizing loophole lawsuits, setting clear expectations, and maintaining thorough but reasonable opportunities for athletes.
Dylan Rivas is a political science and international affairs major at Florida State University and a Staff Writer for the Views section of the FSView & Florida Flambeau, the student-run, independent online news service for the FSU community. Email our staff at contact@fsview.com.
This article originally appeared on FSU News: The NCAA’s eligibility dilemma
Reporting by Dylan Rivas, Staff Writer, FSView / FSU News
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