Publication
November 19, 2021

On Monday, November 15, 2021, the NCAA held a special convention to discuss a proposed draft constitution for the organization. The draft constitution, circulated a week earlier, would make several significant changes to the NCAA’s governance and rules if adopted. These changes target, among other things, antitrust concerns implicated by the Supreme Court’s June 2021 decision in National Collegiate Athletic Ass’n v. Alston, 141 S. Ct. 2141 (2021).

The draft constitution would shift more authority to individual divisions and pare back the role of the NCAA Board of Governors. For instance, it would provide that “[e]ach division shall have independent authority to organize itself, consistent with the principles of the Association,” and would also authorize the creation of sub-divisions or creation of new divisions.

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