Why NCAA transfer portal rules need an overhaul in 2024

The college sports transfer portal is an online database created to streamline the process for student-athletes who wish to move from one NCAA (National Collegiate Athletic Association) member institution to another.

Like a busy expressway, players regularly enter and exit the transfer portal. Unfortunately, interim rules and unclear policies regarding eligibility have led to bottlenecks, roadblocks and confusion. This month, the NCAA will host its annual meeting to reestablish its position on several pressing issues, chief among them should be strong transfer portal governance, as its impact is currently being contested in federal court.

Without clearly defined NCAA guidelines and in the absence of a federal framework, our college players risk making costly mistakes even after the final buzzer sounds. Let’s discuss winning strategies for players off the field, so that they can properly use the transfer portal to preserve educational and rich financial opportunities.

Users of the portal

Division I students use the portal to pursue other sports opportunities that dovetail with their academic pursuits. This can include athletes who are seeking more playing time, whose coaches may have left, or those chasing more prestigious endorsements tied to name, image and likeness (NIL). More on that shortly.

The NCAA transfer portal is populated regularly with rising stars in college athletics. The activity in the portal can be as riveting as on-field play, as there are social media accounts with thousands of followers devoted to tracking its momentum.

This in itself should indicate the portal’s significance in college athletics, particularly when it comes to high-profile players.

Coaches are also key beneficiaries of the portal, as they can use it to identify athletes who may be a good fit for their programs. The area gets much more gray and murky, especially since college athletes are becoming increasingly more autonomous.

Key rules and recent judgments

The NCAA dictates that students must have passed at least six credits in the term before they transfer, and depending on their year in school, they also need to have earned 18 credits between fall, winter, and spring terms prior to transferring.

There are also certain criteria regarding grade-point average, and students frequently lose credits when the schools have transfer rules that only allow grades of C or higher to move.

As of December 2023, confusing rules still apply to first-time transfers. The Division I student-athlete must be entered into the portal in order to be recruited by other schools, but, as per the NCAA, “still must meet other criteria and be academically eligible at their new school to compete immediately.”

Other rules have been established to dissuade coaches from influencing a student’s decision (or from poaching). For example, as per the NCAA, to meet the criteria of the one-time transfer exception, an undergraduate student-athlete transferring from another Division I school must:

• Enter the Transfer Portal during their sport-specific transfer window;

• Leave their current school academically eligible; and

• Certify in writing, along with their new head coach, they did not have direct or indirect communication with the new school’s athletics staff prior to entering the Transfer Portal.

The final bullet is where it could be argued that the students’ freedoms are infringed upon. A student should not attend a school without touring it first and meeting with staff, and if they are considering transferring, they should be permitted to preemptively meet the new coach.

These are just samples of rules that need to be followed, which can be contradictory or impractical. A student who enters him or herself into the portal without knowing any of these rules could unwittingly jeopardize his or her own sports career and gain a reputation for recklessness or foolishness. It could also disqualify them from the transfer altogether.

Bylaws are being scrutinized in court as well, most recently NCAA Bylaw 14.5.5.1, which has been a shackle on students’ freedoms. The bylaw says, in part: “A transfer student from a four-year institution shall not be eligible for intercollegiate competition until the student has fulfilled an academic year of residence […] at the certifying institution unless the student qualifies for one of the transfer exceptions…”

In December 2023, a federal judge entered an order on the side of the States of Ohio, Colorado, Illinois, New York, North Carolina, Tennessee, and West Virginia and against the NCAA that temporarily prevents the NCAA from enforcing Bylaw 14.5.5.1.

Other states could receive similar favorable orders, further signaling the need for modified NCAA rules governing the transfer portal. Trying to unmash the transfer portal potatoes has been difficult and treacherous.

“It takes one throw, one catch, one shot, one block to make a student-athlete a household name across the nation,” wrote Judge John Preston Bailey. “Student-athletes are harmed by the Transfer Eligibility Rule and are not able to show the world the fruits of their labor in instances where they are forced to sit out a year of eligibility.”

What drives the portal?

NCAA Research noted that schools across all three divisions reported total athletics revenues of more than $18.9 billion in 2019. Division I schools accounted for 96% of generated revenues across the NCAA, and obviously operate on another financial landscape than other divisions. The students whose talents generate these billions should have the freedom to transfer to the school that will provide the best opportunities.

Further influencing these billions of dollars are the aforementioned NIL endorsements. In 2021, the NCAA had to revise its policy regarding athletes being compensated for their NIL. These interim guidelines have created more opportunities, as well as some commensurate chaos. For example, a teenage phenom who comes from a low-income family might not see this bigger picture, and could easily sell themselves short by signing away lifetime rights for a fraction of what they could be worth. Or they might post to social media about it, risking the transfer altogether and ultimately the potential NIL deal.

Beyond the patchwork of conflicting rules, the NCAA must provide more exacting guidance in the way of policy or resources to help the students make strategic decisions in 2024. Without it, the association will continue to lose credibility and provide lawmakers stronger reasons to create a new agency to govern college athletics – an option that was floated by senators introducing a number of different federal frameworks.

Future portal activity

With National Signing Day having just passed in December 2023, many high school students were recruited by colleges for their athletic skills and have taken a pivotal step in their lives that can have long-term positive or negative repercussions.

These decisions can lead to the transfer portal, which is why all athletes, their families and their representatives must be mindful of the trends shaping the NIL landscape of college sports. All the right moves on the field should be mirrored off-field, as well, and players should consult a qualified sports lawyer before signing, committing or considering the transfer portal.