Last week, the District Court of Connecticut dismissed a lawsuit alleging that Brown and the other Ivy League universities violated federal antitrust law by not offering scholarships to student athletes. Despite the setback, the plaintiffs plan to appeal the decision, further complicating the University’s legal landscape concerning alleged financial aid wrongdoings.
In 2023, former Brown basketball players Grace Kirk ’24 and Tamenang Choh ’21 MPA’22 brought the class action lawsuit against the Ivy League, claiming that the consortium violated antitrust laws by not providing athletic scholarships or compensating Division I athletes.
The lawsuit built on a 2021 Supreme Court decision, which unanimously ruled that the National Collegiate Athletic Association’s restrictions on education-related benefits for student athletes violated antitrust laws. Among the 365 total schools in NCAA Division I, the eight Ivies are the only that do not offer athletic scholarships.
When the lawsuit was filed last March, University Spokesperson Brian Clark said that “the complaint has no merit.” He also highlighted Brown’s financial aid program, calling it one of “the most robust among all US colleges and universities.”
In response to the dismissal, Clark similarly pointed to Brown’s need-based approach to financial aid. According to him, the policy “underscores (the University’s) commitment to the primacy of students’ educational experiences, which includes athletic participation for those who compete.”
“Brown University does not offer aid based on academic achievement, athletic ability or any other form of merit. Eligibility is determined solely on financial need,” reads the Office of Financial Aid website.
“We’re pleased with the court’s decision, which affirms that our longstanding approach preserves the ability of prospective students to seek a college experience that provides the right mix of academic and athletic experiences,” Clark said.
Judge Alvin Thompson dismissed the case last Thursday, claiming in his ruling that the plaintiffs were unable to satisfy the threshold required to prove antitrust violations.
“At best, the plaintiffs’ allegations of anticompetitive effects relate to just some market participants, not effects in the market as a whole,” Thompson said in his ruling.
Robert Litan, counsel to the plaintiffs, wrote in an email to The Herald that, despite being disappointed with the ruling, his clients “are optimistic about obtaining a reversal on appeal.”
In the original suit, the plaintiffs demanded that the Ivy League begin offering athletic scholarships, beyond seeking monetary damages.
Brown is also currently facing litigation in a class action lawsuit that alleges the University, alongside its 39 co-defendants, price-fixed financial aid for students of separated parents, raising the cost of attendance.
In January, the University settled a separate financial aid lawsuit for $19.5 million. By settling, Brown was not required to admit wrongdoing in the lawsuit’s allegation that a consortium of colleges with need-blind admission practices colluded to implement financial aid calculation methodologies which “artificially inflated net prices of attendance.”
The University maintains that both of these cases have no merit.
Owen Dahlkamp is a Section Editor overseeing coverage for University News and Science & Research. Hailing from San Diego, CA, he is concentrating in political science and cognitive neuroscience with an interest in data analytics. In his free time, you can find him making spreadsheets at Dave’s Coffee.
Talia LeVine is a Senior Staff Writer for The Herald covering admissions and financial aid. They study Political Science and Visual Art focusing on photography. In their free time, they can be found drinking copious amounts of coffee.
