Recently, Pennsylvania’s Saint Francis University announced its decision to reclassify its intercollegiate athletics program from NCAA Division I to Division III, citing the difficulty in governance associated with college athletics, which is only growing in “complexity based on realities like the transfer portal, pay-for-play, and other shifts that move athletics away from love of the game.” Saint Francis is the first school to reclassify its athletics programs in response to the pending House settlement.

In a press release issued by the university on March 25, the school announced its decision to reclassify its men’s and women’s athletics programs, joining the Presidents’ Athletic Conference (PAC) as the league’s 13th full-time member. Saint Francis will remain in the Northeast Conference (NEC) for the academic year beginning August 2025, transitioning to the PAC beginning in the 2026-2027 academic year. The process will take three years to complete.

In the press release, Chairman and the Very Rev. Joseph Lehman stated: “[a]ll of the university’s offerings that are a core part of the Saint Francis identity and student experience are reviewed by the Board on an ongoing basis, including intercollegiate athletics. Based on the changes in athletics nationally, it would be a disservice to our student-athletes and athletic department staff not to review and assess how we can best provide the resources necessary for them to be competitive.” The release also highlighted the student experience and the board’s growing concern in its effort to create and maintain community by reducing the amount of time and distance its student-athletes will spend traveling for athletic competitions.

The timing of this announcement is notable because just last week Saint Francis competed in the First Four matchup for a spot in the first round of the NCAA’s Men’s Basketball Tournament, losing to Alabama State in the final seconds. Now, citing changes in the name, image, and likeness landscape and financial obligations, this Division I program is reclassifying to a lower NCAA division.

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Photo of Christopher M. Brolley Christopher M. Brolley

Chris concentrates his practice on federal and statewide product liability litigation through his representation of pharmaceutical and medical device companies involving mass tort, personal injury, and wrongful death claims across the U.S. He also represents clients at the state and federal level in…

Chris concentrates his practice on federal and statewide product liability litigation through his representation of pharmaceutical and medical device companies involving mass tort, personal injury, and wrongful death claims across the U.S. He also represents clients at the state and federal level in matters ranging from breach of contract and corporate governance to data privacy and security. Chris advises higher educational institutions of all sizes, including colleges and universities, on Name, Image, and Likeness (NIL) compliance issues. He provides comprehensive guidance on permissible and impermissible NIL activities and navigating state NIL laws, NCAA Bylaws, and other NCAA policies. Chris creates and implements tailored strategies for mitigating the potential risk of NCAA and state attorney general enforcement activity. He co-hosts the firm’s Highway to NIL podcast that discusses the legal landscape and developments in the area of NIL law.

Photo of Callan G. Stein Callan G. Stein

Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation. Cal frequently represents and advises higher education clients, particularly in areas related to collegiate athletics and Name, Image, and Likeness (NIL)

Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation. Cal frequently represents and advises higher education clients, particularly in areas related to collegiate athletics and Name, Image, and Likeness (NIL) rights and compliance. Cal provides NIL compliance advice and internal investigation services to major universities, including those that participate in Division I football and basketball, and likewise advises schools on athletics contracts, conference affiliations, conference realignment, and other NCAA-related issues. Cal also represents and advises businesses on NIL contracts, as well as NIL collectives on formation and compliance matters. Cal hosts the firm’s “Highway to NIL” podcast that discusses the legal landscape and developments in the area of NIL law.