This past August 2024, the University of Notre Dame announced the one-year suspension of its men’s swimming and diving program for gambling violations.[2] The school believes over sixty percent of returning student-athletes on the men’s swimming and diving team participated in the NCAA conduct violation , discovered by an internal probe.[3] This scandal adds to the growing number of sports gambling infractions discovered since its legalization in 2018 and highlights the potential for problematic betting behaviors among athletes.
While other schools.... current scandal within the university of Notre Dame Men’s Swimming and Diving program is unlike any gambling scandal yet to be seen. It stands in stark contrast to the fears long held about sports gambling, namely that athletes would fix matches or sell their inside information.[4] The student-athletes were not found to have partnered with an illegal bookmaker in fixing meets, nor did they seek to use their inside knowledge to beat a sportsbook.[5] Instead, the team was the sportsbook.[6]
The investigation found that the team was not relying on a third party, but instead was operating a sportsbook amongst themselves.[7] They were found to be placing wagers on the “over/unders” on each other’s times in meets.[8] Additionally, the report found that there was widespread betting amongst each other on events like the Super Bowl.[9]
While the legalization of sports gambling has been widespread following NCAA v. Murphy, restrictions on athletes’ participation in sports betting continue to persist.[3] Each professional league has their own restrictions, but all prohibit the wagering on games within the respective league.[10] These regulations are what allow for Lebron James to appear in ads promoting Draftkings, but led to Jontay Porter’s lifetime ban for betting on his own games.[11]
The NCAA’s restrictions on gambling are more restrictive than those found in the world of professional sports.[12] The NCAA has a blanket prohibition on sports gambling at any level when the NCAA sponsors the sport.[13] A student-athlete found to be involved in any form of sports betting is in violation of NCAA bylaws.[14] Punishments for these violations vary based on the nature and severity of the alleged offenses.[15] The more frequency of bets, amount wagered, and sport bets on are all determining factors in assessing the punishment.[16]
The NCAA’s stance on sports betting involves more than just issuing regulations for its student-athletes.[17] NCAA President Charlie Baker has been vocal in his calls for Congress to take stronger regulatory action regarding sports gambling and collegiate athletics.[18] Recent reports of the growing harassment experienced by student-athletes provide more support to the calls to protect student-athletes.[19] One measure has been Baker’s call on Congress to ban prop betting in states where sports gambling is legal.[20] The Supporting Affordability and Fairness with Every Bet Act (SAFE Bet Act) would ban bets on individual college student-athletes and would ban in-game sportsbook advertising during primetime. [21] The bill co-authored by Democratic lawmakers Paul Tonko of New York and Richard Blumenthal of Connecticut proposes to answer Baker’s call to action and provide additional protections.[22]
The betting practices of Notre Dame’s men’s swimming and diving team highlight how pervasive sports gambling has become in contemporary society. Recent reports have indicated that Americans will wager more on sports than invest in stocks.[23] Sports gambling has become so ingrained in current culture that it appears rules and regulations may not be enough to prevent scandals like this from happening.[24] The actions of the Notre Dame student-athletes highlight that biggest obstacle for compliance with gambling provisions is a cultural one. Restrictions on advertising and thoughtful conversations about the harms and implications that sports gambling has may be the only way to prevent gambling from staining the integrity of organized sports at both the collegiate and professional levels.
John O'Reilly (staff writer) is a 2L at Villanova University Charles Widger School of Law. He is a huge fan of the MLB, college basketball, and college football. In another life, he would have been a high school history teacher and junior varsity basketball coach.
References:
[1] Photo by Arisa Chattasa on Unsplash
[2] Pat Forde, “Sources: Notre Dame Suspends Men’s Swimming Program One Year After Gambling Investigation” August 16, 2024, https://www.si.com/college/sources-notre-dame-suspends-mens-swimming-program-one-year-after-gambling-investigation.
[3] Id,
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Logan Reardon, “What Are the Gambling Policies for Each Sports League? Here’s What Players Can and Can’t Bet On” March 27, 2024, https://www.nbclosangeles.com/news/sports/what-are-the-gambling-policies-for-each-sports-league-heres-what-players-can-and-cant-bet-on/3373795/.
[11] Tim Reynolds, “NBA Bans Jontay Porter After Gambling Probe Shows He Shared Information, Bet on Games,” April 17, 2024, https://apnews.com/article/nba-jontay-porter-banned-265ad5cb703d9483347037762ee90a8f
[12] Reardon, supra note 10.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] David Purdum, “NCAA Wants States to Protect Athletes as Betting Expands,” October 4, 2023, https://www.espn.com/sports-betting/story/_/id/38566237/ncaa-wants-states-protect-athletes-betting-expands.
[18] Id.
[19] David Purdum, “Study: ‘Angry Bettors’ Behind Growing Abuse of NCAA Athletes,” October 8, 2024, https://www.espn.com/college-sports/story/_/id/41665899/study-angry-bettors-growing-abuse-ncaa-athletes.
[20] Purdum, supra note 17.
[21] David Purdum, “NFL, NBA Support Federal Betting Regulations, Wary of Other Restrictions,” September 19, 2024, https://www.espn.com/espn/betting/story/_/id/41329492/nfl-nba-support-federal-betting-regulations-wary-other-restrictions.
[22] Id,
[23] Dave Lozo, “Study Finds People Bet on Sports Instead of Investing in the Stock Market,” August 18, 2024, https://www.morningbrew.com/daily/stories/2024/08/18/study-finds-people-bet-on-sports-instead-of-investing-in-the-stock-market.
[24] German Lopez, “The Rise of Sports Betting,” April 5, 2024, https://www.nytimes.com/2024/04/05/briefing/the-rise-of-sports-betting.html.