Breaking down why Dartmouth basketball players were declared employees in court case

Monday night was a historic moment in the college athletics world, with Dartmouth men’s basketball players being considered university employees. A Boston-based National Labor Relations Board director, Lauren Sacks, made the ruling.

Michael McCann of Sportico joined On3’s Andy Staples to break down why the Dartmouth basketball players have been declared employees. He began by saying there is a direct exchange between the two, especially since athletes have an easier time getting admitted into the school.

“The regional director, Laura Sacks, said they’re employees for several reasons,” McCann said during Wednesday’s episode of Andy Staples On3. “Because there is an exchange and the exchange is — basically, by going to play basketball at Dartmouth, in exchange, you get to go to Dartmouth. You’re put into a preferential admissions pool.”

With Dartmouth being a part of the Ivy League, it makes the process a little different compared to other conferences throughout college athletics. The Ivy League does not offer athletic scholarships and if players are receiving money, it’s through financial aid.

Even so, they get the same benefits are other student-athletes. Sacks considered it a form of compensation for what the athletes are providing — playing the game of basketball for Dartmouth.

“You mentioned there are no athletic scholarships,” McCann began. “That could actually work in favor of them. Let’s say there was a Dartmouth basketball player who decides to quit after the first semester. That player stays at Dartmouth. They don’t lose their aid because it’s need-based financial aid. So, if they’re getting a full ride for need reasons, they can continue to have their full ride.

“The players also noted that they get various things. They get access to facilities, health training that they wouldn’t otherwise get. They get sneakers. They get apparel. They get tickets. So, there is compensation in that form, even if it’s not an athletic scholarship. At least, that’s what the regional director found.”

Control aspects a huge test to determining if college athletes are employers

McCann then dove into why control was used as a test, with commitments to the team taking up a huge portion of the athlete’s time. Most every other Dartmouth student was able to stay in Hanover, completing their studies. The athletes have more to their days than just focusing on schoolwork.

In order to play basketball, there is a ton of commitment on a day-to-day basis. Whether it’s practice and recovery or even traveling for games. The Big Green have played road games against the likes of Duke and Vanderbilt in the 2023-2024 season.

“Control is a huge part of it,” McCann said. “Because compare a college student and we can all relate to this when we were in college. We had a choice on what course we were going to take, what we do with our time. Like an employer, a coach has tremendous control over an athlete’s time and what courses they can take. Even what majors they can pursue depending on the course work.

“Also, traveling with the team. That’s a big part of it. In the middle of the semester when your classmates are taking midterms or turning in assignments, you got to travel across country for a game and miss class. It looks like athletics are prioritized over academics.”