COLLEGE SPORTS BETTING
policy—gaming integrity. While not as prevalent in the college arena, college players may be tempted by the lure of sports betting. 24 With the increased profile of professional betting scandals, state legislatures are beginning to consider whether prop betting is directly tied to a loss of integrity. 25 New Jersey, for example, already bans prop betting on college athletes located within New Jersey. However, in contemplating an expansion of the ban to all college sports, New Jersey State Senator Kristin Corrado explained that both harassment and integrity are driving the legislation. 26 The Nays Commentators have opined that the trend towards banning prop bets is less controversial than banning moneyline bets, particularly because college prop betting does not make up a substantial portion of the wagering market. 27 Others point to inconsistency in the NCAA’s position suggesting that bans will not work if there is an active prop betting market in college sports as illegal providers will fill the gap. Alternatively, if the market is not significant, then bans will not address a material harm. 28 While an increasing number of states are considering bans on prop betting pursuant to the NCAA’s push, Montana is bucking the trend. The Montana Lottery said neither harassment nor integrity concerns are present in Montana. 29 The state only has two large universities, a lower population, and a state-run lottery system. Accordingly, Montana does not feel the same pressure to protect its athletes as compared to more densely populated and high-profile states.
United States’ collection of states is that it permits states to adopt legislation that best protects and caters to the individual needs of their population. While some may criticize Montana’s assessment, arguably its actions accurately represent the American dual-sovereign system. In the individual analysis of its citizens, Montana arguably made the best decision for itself. There is no prohibition that would prevent Montana from enacting a subsequent ban on prop betting if conditions were to change. Other states, like North Carolina, have tried and failed to pass bans on prop betting legislation. 30 Representatives opposed to the legislation argue that removing college prop bets to prevent harassment rewards “bad behavior by limiting people who are behaving the right way to place bets the way they want to.” 31
Alternative Approaches
The policy aims of protecting student athletes and sporting integrity are not subject to a one-size-fits-all approach. Other states have created novel compromises to curb the negative effects of sports betting on college athletes. The West Virginia legislature granted the State Lottery Commission authority to permanently ban those individuals who harass athletes, coaches, or officials during sporting events. 32 The NCAA has endorsed similar legislation and encouraged states to adopt reporting mechanisms to identify those bettors that harass student athletes and ban them from participation. 33 Ohio, which already bans prop betting, has taken this step—the Casino Control Commission has the authority to
For the time being, Montana stands alone. The beauty of the
24 https://www.nytimes.com/athletic/5436872/2024/04/24/noah-shannon-iowa-gambling-case-ncaa-questions/ 25 See, e.g., https://igamingbusiness.com/sports-betting/ncaa-proposed-ban-not-black-and-white/
26 https://www.legalsportsreport.com/178026/nj-could-join-list-of-states-banning-betting-on-ncaa-player-props/#:~:text=Corra- do%3A%20NCAA%20prop%20betting%20ban%20helps%20integrity&text=New%20Jersey%20law%20currently%20prohibits,sporting%20 events%2C%E2%80%9D%20Corrado%20said. 27 https://sportshandle.com/north-carolina-bills-attempt-to-ban-college-player-prop-betting/ 28 https://igamingbusiness.com/sports-betting/ncaa-proposed-ban-not-black-and-white/ 29 https://www.gamblingnews.com/news/montana-refuses-to-ban-prop-bets-says-they-dont-hurt-local-sports/ 30 https://www.legalsportsreport.com/180833/college-props-nc-sports-betting-ban-bill-introduced/; https://webservices.ncleg.gov/ViewBillDoc- ument/2023/7854/0/DRS55066-BAf-11A 31 https://sportshandle.com/north-carolina-bills-attempt-to-ban-college-player-prop-betting/ 32 https://www.gamingtoday.com/news/west-virginia-bill-to-protect-athletes-from-sports-betting-harassment-moves-through-house/ 33 https://www.ncaa.org/news/2024/5/17/media-center-sports-betting-culture-negatively-impacts-mental-health-ncaa-works-to-support-stu- dent-athletes.aspx#:~:text=The%20NCAA%20is%20also%20urging,being%20able%20to%20place%20bets
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IMGL MAGAZINE | SEPTEMBER 2024
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