Why Restricting Transfers Could Be Illegal

The NCAA Transfer Portal Questions

Many parents have asked us many questions surrounding the current state of the transfer portal, so if you’re a parent of a college-bound or current college athlete, find below some our answers to various questions:

• Why can athletes transfer so easily now?
• Why doesn’t the NCAA just fix the transfer portal?
• Is this really better for athletes—or just chaos?

Here’s the truth:
The NCAA can’t simply restrict transfers without risking major legal problems.
And understanding why helps parents make smarter decisions for their athletes.

Why the Transfer Portal Feels So Confusing for Parents

For years, college athletics operated under a simple message:

“Athletes are students first.”

But today, parents are watching:

• Athletes transfer multiple times
• NIL deals influence decisions
• Rosters turn over yearly
• Smaller programs lose players to bigger schools

Naturally, many parents ask:

Why doesn’t the NCAA step in and slow this down?

The answer lies in law, not leadership.

Can the NCAA Restrict Athlete Transfers?

Short answer: Not easily — and possibly not at all.

Here’s why.

A regular college student can:

• Transfer schools freely
• Change majors
• Seek better academic or financial opportunities
• Leave one university for another without punishment

If the NCAA were to:

• Limit how often athletes transfer
• Force them to sit out seasons
• Penalize them for moving schools

…it would be treating athletes differently than other students.

That difference is where the legal problems begin.

Would That Be Discrimination Against Athletes?

Not discrimination in the traditional sense — but something just as serious.

Courts increasingly see college athletes as:

• Participants in an economic system
• Whose performance generates revenue
• Whose NIL has real market value

When schools work together to restrict athlete movement, it can be viewed as:

• A restraint of trade
• A limitation on economic opportunity
• An unfair restriction not placed on other students

This is why the NCAA has lost repeatedly in court over athlete-related restrictions.

Why the NCAA’s Old Argument No Longer Works

For decades, the NCAA defended strict rules by saying:

“Athletes are students, not employees.”

But that argument now works against them.

If athletes are students:

• Why can’t they transfer like other students?
• Why should they lose eligibility for making academic decisions?
• Why should their mobility be restricted when tuition-paying students face no limits?

Courts don’t accept:

“You’re a student when it protects the system
but an athlete when it restricts your freedom.”

Why Parents Are Seeing More Transfers Than Ever

The NCAA is caught in a no-win situation.

If they restrict transfers:

• They risk lawsuits
• They risk antitrust violations
• They risk being overturned in court (again)

If they don’t:

• The system looks professional
• Player movement increases
• Smaller schools lose developed athletes
• Parents feel like there are no guardrails

Legally, doing less is safer than doing more.

What Transfer Rules Can Still Exist?

The only rules that are likely to survive are those tied to education, not basketball or football.

Rules that still make sense legally:

• Academic progress requirements
• GPA and credit completion standards
• Transfer windows tied to school calendars

Rules that are legally shaky:

• Sit-out seasons
• Transfer limits designed to protect rosters
• Rules aimed at reducing athlete leverage

If a rule looks like it’s about control, it probably won’t last.

What This Means for Parents Right Now

Here’s the most important takeaway:

The transfer portal exists not because the NCAA wanted it —
but because courts forced the issue.

For parents, this means:

• Athletes now have freedom, but also more responsibility
• Decisions must be made strategically, not emotionally
• Alignment between player, parents, coaches, and advisors matters more than ever

The system won’t “go back to normal.”

This is the new normal.

Final Thought for Parents

The biggest mistake parents can make today is assuming:

• The NCAA will protect their athlete
• The system is designed for stability
• Loyalty alone guarantees security

It doesn’t.

The families who succeed are the ones who understand:

• The legal reality
• The economic reality
• And the importance of long-term planning

The transfer portal isn’t broken —
it’s a symptom of a system that no longer fits the modern college sports landscape.