This happens all the time in the job world. Hey potential employee with specialized skills, here is what we will pay and your contract will have a non-compete clause. That clause will have a time period after which it is non-enforceable (sit out a year after transferring). The real question comes back to whether the student/athletes are employees.
Not even close to comparable.
In the example you describe there are alternative jobs available that compete for prospective employees. If a student wants to play college basketball (getting paid or not), the only option is to play for an NCAA school at that level, which would all be subject to those rules under your scenario.
Under your example someone would have the choice to work for a different employer or go market his/her skills somewhere else. Or are you suggesting that non-compete clauses should be in effect for every type of employment out there?
If I decide to become a doctor, or a welder, or a janitor, there are numerous opportunities out there for me to reach that goal that don’t have non-compete agreements. If I decide to be a college basketball player there’s only one blanket organization policing every team I could play for.
Also, aside from non-compete comparisons, if there is a market for people to be paid for a service (in this case entertainment), especially when billions in profit are made from such services, is it not appropriate for people to be allowed to be paid? There is certainly a huge market, otherwise boosters wouldn’t be knocking the door down to pay these kids.
You say it comes down to a question whether these athletes are employees, but that isn’t the question here. The
question is whether you are trying to rationalize putting restrictions on adults you have no connection to nor are you affected by—to preserve something you’re nostalgic for (old-time amateurism in sports). At the end of the day that’s what you’re doing.
You have a nostalgic affection for what college sports used to be, so you’re trying to rationalize and control someone else’s money making ability to keep it the way you like it.
I get it, I liked the old way better in some ways too (restricted transfer, etc). But I’m not going to sit here and say I know what’s better for some 19 year old kid 2,000 miles away who I don’t know and who has a talent that’s highly in demand.