In 2023, the presence of Australian punters in the United States college football scene has become a focal point of legal contention. Michael Loeffler, the lead plaintiff, has initiated a class action lawsuit challenging the predominance of mature ex-Australian rules footballers in American college football, specifically targeting ProKick, an Australian company that trains these athletes. Loeffler asserts that the influx of experienced Australians is adversely affecting younger American athletes, including his own son, Hunter, who is struggling to secure a college spot.
The lawsuit highlights that 12 out of 14 Southeastern Conference (SEC) teams employed Australian punters in 2023. Furthermore, court documents reveal that 61 of the 133 top-tier US college football programs had at least one Australian punter on scholarship. ProKick has played a crucial role in this trend, having assisted 270 Australians in obtaining college scholarships, saving these athletes a total of $54 million by January 2022.
The Rise of Australian Punters
The influence of Australian punters in US college football is evident. ProKick's contribution to this trend is substantial, with its website listing seven graduates who have ascended to the top-flight National Football League (NFL). This success is underpinned by the company's rigorous training and strong network that facilitates Australian athletes' transition into American football.
Two notable ProKick graduates, Joe McGuire and James Rendell, showcased their skills by playing as punters in the college football championship final between Ohio State University and Notre Dame in January 2023. Their participation underscores the competitive advantage and appeal that these athletes bring to college teams in the US.
However, the influx has raised concerns among American athletes and their families, who see these mature players as obstacles to opportunities traditionally reserved for younger competitors. Loeffler's lawsuit aims to address these disparities and calls for regulatory changes.
Legal Grounds and Concerns
Loeffler's lawsuit is anchored on six legal claims, including age discrimination, anti-trust violations, and unfair trade practices. A significant aspect of the case revolves around the US Constitution's 14th Amendment, which ensures equal protection under the law. The lawsuit contends that NCAA policies disproportionately favor international athletes over domestic ones by granting an extended period of eligibility while enforcing strict age limits in other sports.
"NCAA policies disproportionately favour international athletes over domestic ones, granting them an extended period of eligibility while maintaining restrictive age limits in other sports," – Court documents
Loeffler argues that it's unfair for ex-professional players to compete against younger American athletes. He emphasizes that “college athletics was set up for the 18 to 23 demographic” and criticizes current NCAA policies for allowing older players with professional experience to compete in college leagues.
"It's just not historically what our educational system was set up for. College athletics was set up for the 18 to 23 demographic." – Michael Loeffler
The plaintiffs claim that this situation mirrors regulations in sports like ice hockey, where athletes lose a year of tuition eligibility for every year they are over 21.
A Call for Change
Loeffler's motivations extend beyond financial recompense; he seeks systemic change within the NCAA's regulations. He states that if the NCAA amends its policies to restrict ex-professionals and limit age eligibility to under 21 without prior professional experience, he would willingly withdraw the lawsuit.
"If the NCAA said right now, 'Yes, we're going to change this. We're not going to allow ex-professional players, and everybody has to be under the age of 21. We'll let any Australian punter come over under the age of 21 who doesn't have prior (professional experience),' I would walk right down to the courthouse, tear up the lawsuit right now." – Michael Loeffler
Presently, the class action has gathered around 200 participants, but Loeffler anticipates this number could reach approximately 1,000 as awareness spreads among affected families. He stresses that his objective is not monetary gain but rather mobilizing people to advocate for equitable changes.
"It's not about the money — the class action was more basically to get people together behind this … it's to implement change." – Michael Loeffler
