Politics

Division III Says No Scholarships Is a Principle. A New Lawsuit Calls It Price-Fixing.

By Samad Robinson

October 29, 2026

Somewhere right now, a Division III football player is in a 6 a.m. workout, then a full course load, then film study, then a bus ride to a Saturday game. At any of the 400-plus schools in the division, he is not getting a dollar of athletic aid, and the NCAA says that’s the point. Last Friday, three current and former Division III athletes sued to find out whether that point is a principle or a price-fixing scheme.

What was filed

The suit, Printz et al. v. NCAA, was filed Oct. 23, 2026, in federal court in Los Angeles (Central District of California, No. 2:26-cv-12448), according to the court docket on Justia. The named plaintiffs are Connor Printz, Chris Jennings and Jackson Hale. It’s a proposed class action, which means a judge has not decided whether it can proceed on behalf of everyone the plaintiffs say they represent.

The core claim, as Reuters summarized it: Division III’s ban on athletic scholarships violates antitrust law by fixing the price of athletic labor at zero. Reuters reported the suit says Division III is the NCAA’s fastest-growing division by school count and that more than 175,000 athletes compete in it in a single academic year. The schools include MIT, Johns Hopkins, the University of Chicago, Williams, and Caltech. The complaint also alleges that many Division III schools have athletic budgets that outpace those of larger schools yet “have agreed not to deploy a single dollar of those budgets in the form of athletic aid that would reduce the cost of college for their athletes.”

The NCAA’s position, as described by Reuters, is that the lack of athletic scholarships is a “core principle” of Division III, meaning that “athletics participation should not be financially rewarded in the same way as academic achievement.” Divisions I and II aren’t bound by that rule. As of Reuters’ Oct. 26 report, no lawyer had yet appeared for the NCAA.

Nothing has been decided. No class has been certified, no court has ruled, and there’s no settlement or claim process. The plaintiffs’ characterization of the rule is an allegation, not a finding.

Why this one has legs

Sports Legal Audit, a legal-analysis site, notes a similar challenge to the Division III ban was dismissed in 2013 in Rock v. NCAA, on the idea that amateurism rules are presumptively pro-competitive. Then the Supreme Court’s 2021 NCAA v. Alston decision held that NCAA limits on athlete compensation get full antitrust scrutiny. The author argues that makes this suit more likely to survive early motions. He also flags what could sink it: plaintiffs have to define the market that’s being harmed, and the NCAA will argue Division III is a choice. A school that wants to award athletic aid can compete in Division I or II. That’s analysis, not a ruling, but it tells you where the fight will be.

It would also be a mistake to read a win as a mandate. As the same analysis points out, a ruling for the plaintiffs would let schools offer athletic aid, not force them to.

My take

Strip away the legal terms, and this is an argument about what college athletes are.

The NCAA’s version: Division III is the last place where sport is truly part of education rather than a job. No athletic money means no pressure to treat the roster like a payroll. The athlete is a student first, because nobody is paying him to be anything else.

The plaintiffs’ version: the schools got together and agreed in advance never to compete for talent with money, and called it a value. If you’re a player at a school that spends heavily on athletics, as the lawsuit alleges many do, that “principle” looks a lot like a cartel with a nice vocabulary.

Here’s what makes it uncomfortable. Both can be partly right. A student who chose a Division III school for the academics and a place on the roster may genuinely value an environment where sport isn’t a transaction. But a rule that forbids every school from offering a student a break on tuition because of what he does on the field isn’t just a philosophy. It’s a restraint on the people the philosophy is supposed to protect.

And the timing isn’t an accident. Reuters notes the NCAA is facing a growing number of lawsuits over its rules, and that an appeals court is weighing a multibillion-dollar settlement over athletes’ names, images, and likenesses. The old line that college athletes are paid in education has been losing ground one court at a time. Division III is where that line was supposed to hold.

If it does fall, it’s fair to ask what comes next. Schools with deep athletic budgets could start offering aid while smaller ones can’t keep up, and a division built on a shared no-aid rule could start to look like the spending race it was designed to sidestep. That’s a question, not a prediction, and no one in the reporting above has made that claim.