A salary cap is not going to happen. The schools are not the ones paying the players - many different companies and organizations are. You cannot restrict a person's freedom to earn money.
Say there was a salary cap. How in the world would you balance that with a player selling merchandise? Tell them they are at their limit and they can't sell one more autograph or one more t-shirt? Or say the All-American QB signs a big deal for more than the salary cap. What do you do with him and the rest of the team? Or even more difficult...say there is a skier that plays football (like Bloom(?) from Colorado) that wins a huge event and now his unforeseeable earnings take them over the cap.
Don't get me wrong, I think it would be a great idea but just not enforceable.
That's probably mostly true. I wonder if there is something that could work, though. Maybe something like:
- New structure in place that reverses amateurism rules so schools can pay athletes directly
- All student/athlete contracts require rejecting funds from other sources
- Schools pay more than the booster slush funds
Some people think #1 is already in the works as the Power schools look to break away from the NCAA. #3 is probably doable depending on the economics. Eliminating scholarships and putting that money into the paycheck would at least help with the optics.
I won't pretend to understand all of the legal ramifications and requirements, but #2 is clearly where the rubber meets the road. I have a non-compete clause in my contract at my job. And in fact, I believe it says that I can't even work in another industry if doing so would "negatively affect my job performance", where job performance is determined by the employer. Or from another angle, a local sheriff's deputy recently reached a separation agreement with her department when another officer complained about her OnlyFans page. The department claimed that it "brought negative attention to the department".
Once you have an employment contract with the athletes and you are paying them a significant amount, I think the legal power probably shift significantly toward the schools.