We are reaching the point of no return with respect to the NCAA and NIL. A fundamental change to student-athletes’ status as amateurs unlike any we have seen during our lifetimes.
Is this all good or bad? That is a question I am not about to address in this post. I just want to quickly summarize where we are and what is about to go down. Key points:
1. Several states have NIL laws scheduled to go into effect on July 1. These laws would supersede NCAA rules for schools and athletes in those states. There are slight differences in the various state laws.
2. There will be no federal laws in place by July 1. In other words, no federally mandated uniform regulations for all 50 states. I don’t want to get political here. Suffice to say that republicans are pushing to pass legislation solely addressing the NIL issue while democrats want legislation in which NIL would only be a part of more encompassing NCAA reform, including addressing issues related to athletes’ health. In other words, Washington won’t be acting anytime soon.
3. So the NCAA, which for years has pushed back against NIL, is between a rock and a hard place. Either they adopt uniform NIL standards by July 1 or we will have the wild west, with schools in states where NIL is legal having a huge recruiting advantage over schools in other states because their players can be paid by third parties.
4. Emmert realizes, of course, that the NCAA must act asap to avoid this “Wild West” scenario. In a memo obtained by The Associated Press yesterday, Emmert urged members to pass legislation that would make it permissible for the first time for college athletes to earn money off their names, images and likenesses. Per ESPN: "many states have enacted NIL legislation and 10 state laws can take effect this July. It is therefore essential we now enact rules before the end of the month," Emmert wrote in an email sent to presidents and chancellors, athletic directors, senior compliance administrators, conference commissioners and others. The NCAA Division I Council meets Tuesday and Wednesday and could act on an NIL proposal that was expected to be voted on back in January.
www.espn.com
5. The NCAA really has no choice but to go forward with NIL effective July 1. On that date, college athletes will in effect be free to become professionals, albeit compensation that they receive will be limited to third parties through NIL.
6. Not to be forgotten, from the broader perspective, is a Supreme Court ruling expected before the Court adjourns for summer that should further impact the NCAA. As per ESPN: The Supreme Court heard oral arguments in the Alston v. NCAA antitrust case on March 31. While the case isn't directly related to name, image and likeness legislation, the question in front of the justices could play a role in how laws are formed later this year. The NCAA is arguing that it should be in charge of defining the line between amateurism and pro sports. The justice's decision and the language they use in sharing it could prove to be influential in future legal battles. The Supreme Court is expected to publish its decision sometime before the end of June.
www.espn.com
Is this all good or bad? That is a question I am not about to address in this post. I just want to quickly summarize where we are and what is about to go down. Key points:
1. Several states have NIL laws scheduled to go into effect on July 1. These laws would supersede NCAA rules for schools and athletes in those states. There are slight differences in the various state laws.
2. There will be no federal laws in place by July 1. In other words, no federally mandated uniform regulations for all 50 states. I don’t want to get political here. Suffice to say that republicans are pushing to pass legislation solely addressing the NIL issue while democrats want legislation in which NIL would only be a part of more encompassing NCAA reform, including addressing issues related to athletes’ health. In other words, Washington won’t be acting anytime soon.
3. So the NCAA, which for years has pushed back against NIL, is between a rock and a hard place. Either they adopt uniform NIL standards by July 1 or we will have the wild west, with schools in states where NIL is legal having a huge recruiting advantage over schools in other states because their players can be paid by third parties.
4. Emmert realizes, of course, that the NCAA must act asap to avoid this “Wild West” scenario. In a memo obtained by The Associated Press yesterday, Emmert urged members to pass legislation that would make it permissible for the first time for college athletes to earn money off their names, images and likenesses. Per ESPN: "many states have enacted NIL legislation and 10 state laws can take effect this July. It is therefore essential we now enact rules before the end of the month," Emmert wrote in an email sent to presidents and chancellors, athletic directors, senior compliance administrators, conference commissioners and others. The NCAA Division I Council meets Tuesday and Wednesday and could act on an NIL proposal that was expected to be voted on back in January.
Emmert tells schools to act on NIL or he will
Mark Emmert wrote in a memo Friday that if the NCAA's more than 1,200 member schools cannot pass NIL legislation by July, he would take action.
5. The NCAA really has no choice but to go forward with NIL effective July 1. On that date, college athletes will in effect be free to become professionals, albeit compensation that they receive will be limited to third parties through NIL.
6. Not to be forgotten, from the broader perspective, is a Supreme Court ruling expected before the Court adjourns for summer that should further impact the NCAA. As per ESPN: The Supreme Court heard oral arguments in the Alston v. NCAA antitrust case on March 31. While the case isn't directly related to name, image and likeness legislation, the question in front of the justices could play a role in how laws are formed later this year. The NCAA is arguing that it should be in charge of defining the line between amateurism and pro sports. The justice's decision and the language they use in sharing it could prove to be influential in future legal battles. The Supreme Court is expected to publish its decision sometime before the end of June.
Everything you need to know about the NCAA's NIL debate
With the athletes, the NCAA, legislators and the courts all still involved, expect more twists and turns in the name, image and likeness debate. Check back here for all the latest news.
