FOR IMMEDIATE RELEASE: Tuesday, Sept. 10, 2024
Contact: Tony Mangan, Communications Director, 605-773-6878
PIERRE, S.D – South Dakota Attorney General Marty Jackley announces his office and the South Dakota Board of Regents, on behalf of South Dakota State University and the University of South Dakota, have filed a complaint against the NCAA, and its proposed settlement on its past conduct.
The complaint, filed Tuesday in Brookings County Circuit Court, alleges that a proposed $2.8 billion settlement between the NCAA and the “Power Four” conferences unfairly forces smaller schools like the South Dakota schools to be responsible for a disproportionate share of the settlement cost.
Money from such a settlement would go to mainly “Power Four” student-athletes whose earning potential while in college was restrained by the NCAA’s amateur rules. Attorney General Jackley said while student-athletes deserve the financial award for their hard work and efforts, the burden of the settlement should not fall on the smaller universities like the South Dakota schools.
“As a former college student-athlete, I believe strongly in a system that presents our athletes with opportunities to compete and treats all of our athletes fair and equal,” said Attorney General Jackley. “I am disappointed that our South Dakota athletes and universities are paying the price for a settlement that did not involve any of our conduct. This settlement unlawfully and blatantly discriminates against female student-athletes by limiting them to less than 10 percent of the proceeds.”
The complaint states that the Power Four conferences caused the “vast majority” of the damages that the settlement addresses, but those responsible conferences are being required to pay less of the financial burden.
South Dakota Board of Regents President Tim Rave said this is a fairness issue.
“The South Dakota Board of Regents, the Attorney General's Office, and our universities are taking action to voice our concerns about the disproportionate allocation of our state's Division I athletic programs in the proposed NCAA settlement,” he said. “This settlement will significantly impact our two largest athletic programs, and we appreciate the support of the Attorney General's office as we navigate this issue.”
Presidents of South Dakota State University and the University of South Dakota have stated that the proposed settlement will reduce NCAA revenue for their size schools. Both universities agree that the settlement will have significant implications for their athletic programs while not providing comprehensive benefits for the state's student-athletes.
The complaint includes requests for a judgement in the Plaintiff’s favor on all issues; for damages to be determined by a jury; and, for an injunction protecting the Plaintiff from unjust disbursements based on the proposed settlement.
No court hearing date has yet been scheduled for the complaint.
The complaint can be found here: https://atg.sd.gov/docs/9.10.2024%20NCAA%20Complaint.pdf
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Statements from the Presidents of South Dakota State University and the University of South Dakota:
South Dakota State University President Barry Dunn
“South Dakota State University appreciates the efforts of the South Dakota Board of Regents and the Attorney General's Office in addressing our state's concerns surrounding the proposed NCAA settlement/ The settlement poses significant implications for our athletic programs without providing comprehensive benefits for our student-athletes. We appreciate the support from the Attorney General's Office as we navigate this matter to seek fair outcomes for our state and universities. For any inquiries related to the legal proceedings, please direct them to the Attorney General's Office.”
University of South Dakota President Sheila Gestring:
“The University of South Dakota is grateful for the continued support of the Attorney General’s Office as we work through our concerns to guarantee equitable treatment for our state and universities. The proposed House vs. NCAA settlement will substantially impact our athletic program and our ability to support our student-athletes. Due to current legal actions, if you have any inquiries regarding the NCAA, please direct them to the Attorney General's office.”
