The National Collegiate Athletics Association (NCAA) has always created special exceptions for hockey, including an entirely separate set of guidelines for both men’s and women’s ice hockey.[2] In men’s ice hockey, youth players are often presented with two options for how to pursue the sport: (1) the NCAA, or (2) the Canadian Hockey League (CHL), also known as the Juniors.[3] This is a choice that players are tasked with making while in the middle of high school, as the two programs have different recruiting timelines.[4] However, a new antitrust lawsuit against the NCAA and ten universities is attempting to change this process.[5]
Rylan Masterson, a 19-year-old Ontario Hockey League (OHL) player has brought this suit against the NCAA and partner universities regarding their “group boycott” of CHL players.[6] Masterson lost his NCAA eligibility in 2022 when he played two exhibition games for the OHL’s Windsor Spitfires.[7] Masterson’s claim is largely based upon two major elements: that CHL players are not “professional athletes” and questioning the “amateur” model of the NCAA.[8]
Professional Athletes
The CHL encompasses three leagues, the OHL, the Western Hockey League (WHL), and the Quebec Maritimes Junior Hockey League (QMJHL).[9] Players can be drafted starting at age 15 to one of the three leagues and play in a model similar to the NHL and their minor affiliate teams.[10] However, playing a game or even signing a contract with a professional team, including all the CHL teams, revokes a player’s eligibility for the NCAA.[11]
The NCAA has routinely emphasized the importance of amateurism at the collegiate level. However, due to the rise of name, image, and likeness (NIL), the definition of “amateurism” has become blurred.[12] The principle of Amateurism, defined by NCAA bylaw 2.9, reiterates that student-athletes are amateurs who’s “participation should be motivated primarily by their education”.[13] While the bylaws continue to prohibit pay-for-play and improper recruiting inducements, athletes can engage in NIL sponsorships.[14]
CHL teams are deemed professional because players receive a stipend of no more than $600 per month.[15] This stipend is intended for living expenses and is not considered as income for tax purposes.[16] However, the United States Hockey League (USHL), a feeder program for NCAA schools, also expenses tuition, equipment, housing, and travel for all its players.[17] Additionally, tennis players face a similar situation as hockey players where they are able to professionally commit at a young age.[18] However, they can earn up to $10,000 a year without losing their eligibility.[19] Similarly, NCAA players typically receive scholarships as well as their ability to participate in NIL sponsorships.[20]
Amateurism
Masterson’s suit claims the NCAA is violating Section 1 of the Sherman Act by preventing competition between the CHL and NCAA.[21] Instead, the NCAA shifts the burden onto 16-year-olds to decide if they will ever want to play Division I hockey.[22] This is the same underlying theory found in similar NCAA antitrust challenges like O’Bannon, Alston, and House which find athletes suffer financial and professional damages due to the NCAA limiting would-be competitors from competing less than the market would support.[23]
However, the complaint argues multiple examples of how the “protecting amateurism” justification the NCAA hides behind continues to fail.[24] The USHL, despite being the primary feeder for NCAA schools, pays players stipends similar to the CHL.[25] Boston University hockey player Tom Willander plays for the team despite having dressed for two games in Sweden’s top professional league as a 17-year-old.[26] The CHL is the primary competitor to the NCAA and the only league to be treated differently.
Players begin competing in the CHL at ages 15 or 16 and age out at 21.[27] This shift to allow CHL players to play in the NCAA could fundamentally change the talent pool in Division 1.[28] Recently, Braxton Whitehead of the WHL’s Regina Pats announced his receipt of a verbal commitment for the 2025-26 season from Arizona State University.[29] At 20 years old, he is entering his fifth and final season with the Pats.[30] This change would most directly be seen by an influx of older players joining college teams after they age out of the CHL, similar to Whitehead.[31]
Earlier this year at the annual NHL general manager meeting, it was reported that the NCAA is actively considering removing restrictions on CHL players in the NCAA.[32] As of this November, the council voted to allow CHL players in the NCAA as long as they were not compensated above actual and necessary expenses during their time in the QMJHL, OHL, or WHL.[33] This change goes into effect August 1st, 2025.[34] This fusion of talent between the CHL and NCAA will forever change the landscape of youth hockey and development.
JUHI PATEL (deputy editor-in-chief) is a 2L at Villanova University Charles Widger School of Law. She self-identifies as an off-brand New York Sports fan rooting on the Islanders, Nets, and Bills. She is a part of the Soccer Negotiation Competition Team as well as the executive boards for the Labor and Employment Law Society and IP Law Society.
References:
[2] NAHL Academics Guide (last visited on Oct. 14, 2024) NAHL. https://nahl.com/nahl/downloads/college-bound-guide.pdf (discussing amateurism and how to maintain NCAA eligibility for men’s ice hockey.)
[3] Id. at 11.
[4] Id. at 11-12.
[5] Michael McCann, NCAA Sued Over Hockey’s ‘Boycott’ of Junior League Players (Aug. 15, 2024) Sportico. https://www.sportico.com/law/analysis/2024/ncaa-hockey-antitrust-lawsuit-1234793568/ (discussing Rylan Masterson’s lawsuit suing the NCAA and ten universities over “boycott” of CHL players.)
[6] Id.
[7] Id.
[8] Id.
[9] About the CHL (last visited Oct. 15, 2024) CHL. https://chl.ca/aboutthechl/ (summarizing the history and mission of the Canadian Hockey League.)
[10] About CHL and NCAA (last visited Oct. 15, 2024) Neutral Zone. https://neutralzone.com/about-chl-and-ncaa/ (comparing the advantages and disadvantages of playing in the NCAA against playing in the CHL.)
[11] NCAA Eligibility (last visited Oct. 14, 2024) College Hockey Inc. https://www.collegehockeyinc.com/ncaa-eligibility/ (discussing NCAA eligibility for ice hockey.)
[12] Sean Gentille, Lawsuit seeks to allow Canadian Hockey Legaue players to play in NCAA. Here’s why it matters (Aug. 15, 2024) The Athletic. https://www.nytimes.com/athletic/5701011/2024/08/15/ncaa-chl-rule-lawsuit/ (discussing the claims of Masterson’s suit and NCAA eligibility requirements.)
[13] Bylaw 2.9 (last visited Oct. 15, 2024) NCAA. https://web3.ncaa.org/lsdbi/bylaw?bylawId=2470&division=1&adopted=0 (Bylaw 2.9 states “their participation should be motivated primarily by education and the physical, mental and social benefits to be derived.”)
[14] Interim NIL Policy (last visited Oct. 15, 2024) NCAA. https://ncaaorg.s3.amazonaws.com/ncaa/NIL/NIL_InterimPolicy.pdf (discussing NCAA’s interim NIL policy due to the lack of guidance in federal legislation.)
[15] Associated Press, NCAA to consider change that could allow CHL players (Oct. 7, 2024) ESPN. https://www.espn.com/college-sports/story/_/id/41667587/ncaa-expected-consider-change-allow-chl-players (discussing NCAA’s upcoming vote to allow CHL players compete in the NCAA.)
[16] Id.
[17] Ladder Development (last visited on Oct. 15, 2024) USHL. https://ushl.com/sports/2022/8/15/ladderdevelopment.aspx (stating the differences between various tiers, with Tier 1 being the primary feeder for NCAA programs)
[18] McCann, supra note 5. (discussing exceptions to the compensation rule without losing their NCAA eligibility)
[19] Id.
[20] Id.
[21] McCann, supra note 5. (discussing the different timelines of play for the CHL versus the NCAA).
[22] Id.
[23] Id.
[24] Gentille, supra note 12. (discussing existing exceptions in ice hockey to the amateur rule)
[25] Id.
[26] Id.
[27] Id.
[28] Gentille, supra note 12.
[29] Greg Wyshynski, WHL’s Braxton Whtiehead commits to Arizona State, challenging NCAA rules (Sep. 13, 2024) ESPN.https://www.espn.com/college-sports/story/_/id/41243185/whl-braxton-whitehead-commits-arizona-state-challenging-ncaa-rules (stating Whitehead’s verbal commitment to an NCAA and possible vote to change the CHL ban)
[30] Id.
[31] Wyshynski, supra note 25.
[32] Sportsnet Staff, NHL preparing for possible CHL-NCAA rule change (Mar. 23, 2024) Sports Net.https://www.sportsnet.ca/juniors/article/nhl-preparing-for-possible-chl-ncaa-rule-change/ (discussing the March NHL general managers meeting and review of possible changes to the NCAA)
[33] NHL, CHL players to to be eligible to play NCAA hockey beginning in 2025-26 (Nov. 7, 2024) NHL. https://www.nhl.com/news/chl-players-to-be-eligible-to-play-ncaa-hockey-beginning-in-2025-26#:~:text=THE%20GR8%20CHASE-,CHL%20players%20to%20be%20eligible%20to,hockey%20beginning%20in%202025%2D26&text=Players%20in%20the%20Canadian%20Hockey,ice%20hockey%20starting%20next%20season.
[34] Id.