Alston v. NCAA: Athlete Scholarships Fight may go to Supreme Court

Alston v NCAA

Those who wonder why there is such a strong push for college athletes’ rights must look no further than the latest development in the Alston v. NCAA (Alston) case. In Alston, former and current college athletes challenged the NCAA’s amateurism rules on antitrust law grounds. Specifically, the plaintiffs challenged the NCAA’s rules capping grants-in-aid to cost of attendance. The plaintiffs argued that there were less restrictive ways that the NCAA could preserve amateurism. The District Court agreed. The District Court judge ruled that the NCAA could no longer restrict education-related benefits to college athletes. Then the court issued an injunction prohibiting the NCAA from doing so. Education-related benefits include items such as computers or musical instruments. However, the NCAA retained the ability to restrict non-education related benefits. Non-education related benefits include cash payments that may amount to pay-for-play.

Although the NCAA retained the right to prohibit pay-for-play in college sports, the NCAA appealed to the Ninth Circuit Court of Appeals. There, the three-judge panel affirmed the District Court’s decision. The appeals court was scheduled to issue the mandate precluding the NCAA from restricting education-related benefits to college athletes on July 8, 2020. However, on July 6, 2020, the NCAA sought to have the appeals court stay the injunction. The NCAA wants to stay the injunction so they can petition the case to the United States Supreme Court. That is right! The NCAA does not want to allow college athletes to receive extra educational benefits for their athletic prowess. For those who may not understand why there is such a big push for college athletes’ rights, the NCAA actions in the case are precisely why.

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This Case Proves yet Again that the NCAA Cares More About Protecting College Athletics Revenue than Protecting College Athletes

The NCAA does not want to allow its “student-athletes” to receive unlimited educational benefits. They would rather spend time and resources petitioning this case to the Supreme Court. It is amazing how the NCAA can put so much energy into this but leave the schools to fend for themselves in regards to COVID-19 and college athletics. Since the NCAA allowed voluntary workouts to resume on June 1, 2020, athletes at several schools have tested positive for the virus.

With no leadership from the NCAA, Schools are essentially creating a patchwork of guidelines and rules to address COVID-19 and resuming college athletes. However, the NCAA advocates tooth and nail that a patchwork of various state laws addressing college athletes’ names, images, and likenesses will not work and will lead to confusion. COVID-19 has already claimed the lives of over 130,000 Americans. Somehow the NCAA thinks schools should be left to their own devices and handle COVID-19 on their own.

The NCAA’s lack of a unified response has led schools to create documents that amount to a liability waiver for COVID-19. Athletes are required to sign them if they want to resume their sport. Some schools like Ohio State University claim that the document is not intended as a legal document. However, there is plenty of language in the documents that could have legal significance later on. COVID-19 could have a direct effect on college athletes’ health and wellness. The NCAA is again seeing its way out of issues related to athlete health and well-being. However, the NCAA is remaining steadfast in its quest to ensure that college athletes do not receive anything more than the NCAA wishes to give them. That is precisely what the NCAA is doing in its quest to petition Alston to the Supreme Court.

What Exactly is the NCAA Hoping to Achieve by Staying the Injunction to Petition Alston to the United States Supreme Court?

It appears that the NCAA wishes to have the Supreme Court rule that the NCAA’s amateurism rules should not be subject to scrutiny under antitrust law. This should come as no surprise. The NCAA has made it clear that they do not want to be subject to antitrust law anymore.

The NCAA’s Attempt to Persuade Congress to grant it an Antitrust Exemption

In April, the NCAA asked Congress for an antitrust exemption. They made this request when they released their name, image, and likeness report. In the report, the NCAA addressed the numerous antitrust lawsuits that the NCAA has faced over the years. The NCAA essentially plead to Congress that the lawsuits impede the organization’s ability to address the pressing issues facing college athletics. Accordingly, the NCAA wants Congress to grant it an antitrust exemption. If that does not work out, the NCAA appears to be seeking a similar result from the United States Supreme Court.

The NCAA is Planning to Persuade the Supreme Court that any Challenge to Amateurism Rules Based on Antitrust Law Must Fail

Generally, there are three circumstances in which the Supreme Court will review a case. One is where a lower court decision conflicts with a Supreme Court decision. Another is where there are two more conflicting decisions amongst the Circuit Courts of Appeals or a state court of last resort. The third is where the issue involves important questions of federal law. The NCAA asserts that the Ninth Circuit’s ruling conflicts with the rulings of the Supreme Court. The NCAA also asserts that the Ninth Circuit’s ruling conflicts with three other Circuit Courts of Appeals. Specifically, the NCAA argues that the Ninth Circuit’s ruling conflicts with the Supreme Court decision in NCAA v. Board of Regents of the University of Oklahoma.

Brief Summary of NCAA v. Board of Regents of the University of Oklahoma

In that case, the University of Oklahoma Board of Regents sued the NCAA over television broadcasting rights. The University of Oklahoma Board of Regents argued that the NCAA’s rules regarding the broadcast of college football games violated federal antitrust law. The Supreme Court found that the NCAA’s television broadcasting rules did in fact violate federal antitrust law. While the NCAA lost, the Court acknowledged that the “NCAA plays a critical role in the maintenance of a revered tradition of amateurism in college sports“. The Court further stated that the NCAA “needs ample latitude to play that role“. It is exactly this language that the NCAA plans to amplify when they petition Alston to the Supreme Court.

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The Bulk of the NCAA’s Motion Centers on The Aforementioned Points

In their motion, the NCAA asserts that the Ninth Circuit’s ruling conflicts with the Supreme Court’s aforementioned assertions in the Board of Regents case. The NCAA also asserts that the Ninth Circuit’s ruling conflicts with the Third, Fifth, and Seventh Circuits rulings on similar issues. Those circuits have all held that since the NCAA “needs ample latitude” to preserve college sports that any challenge scrutinizing the NCAA’s amateurism rules conflicts with the Board of Regents’ decision. The NCAA argues that the Ninth Circuits ruling in Alston creates a split between the circuits that it wishes the Supreme Court to resolve.

The NCAA also asserts that there are important questions of federal law to be resolved. They further assert that the injunction will cause irreparable harm to college athletics in terms of budget and competitive balance.

Hopefully, The NCAA is Not Granted a Shield Against Antitrust Law

Hopefully, the NCAA is not granted any antitrust law protection. After all, it is one of the only avenues current and former college athletes have to advocate on their behalf. It was not until the O’Bannon case that the NCAA agreed to allow college athletes to receive scholarships up to the cost of attendance. The O’Bannon case was bought on federal antitrust law grounds. The case gave current and former college athletes one of their biggest wins yet. College athletes must retain the ability to advocate for their rights. It is for these reasons that there is such a big push for college athletes’ rights. The NCAA clearly cares more about protecting capitalism, not doing what is best for college athletes.

NCAA Suffers Blow In Alston v NCAA Scholarship Cost of Attendance Case

Alston v NCAA

Late last month, the NCAA suffered another blow to its amateurism model. The United States Court of Appeals for the Ninth Circuit affirmed the district court’s ruling in Alston v NCAA that the NCAA’s restriction on education-related benefits for college athletes violated federal antitrust law. During the trial in 2018, college athletes forced the NCAA to defend its farce of amateurism.

What is Amateurism?

The NCAA’s amateurism rules preclude college athletes from receiving any pay for their athletic skills. The amateurism rules are the outgrowth of the idea that athletes should only play for the love of the game. It is this concept that the NCAA implores to carry out its mission. The NCAA’s mission is to “maintain intercollegiate athletics as an integral part of the student body and, by doing so, retain a clear line of demarcation between intercollegiate athletics and professional sports”. The NCAA uses this concept to further its mission. It does this by ensuring that college athletes do not receive any payment that is not approved by the NCAA.

Somehow the NCAA believes that making sure college athletes do not receive any pre-approved payment is sufficient to keep college sports separate from professional sports. The NCAA conveniently ignores other facets of college sports that are very akin to professional sports. Those facets include coaches’ million-dollar salaries, the billion-dollar television broadcasting deals, and the multi-million-dollar sports facilities on various college campuses. To the NCAA, the only thing that would professionalize college sports is paying the actual people who make all of the revenue possible. Fortunately, college athletes have begun to have enough of the system that intentionally leaves them out of the revenue sharing. College athletes challenged the system during the Alston v NCAA trial where they chiseled away at the sham of amateurism.

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Alston v NCAA District Court Trial

During the trial, college athletes challenged the NCAA’s amateurism rules by arguing that the NCAA has violated federal antitrust law. An antitrust law violation occurs when an organization conspires to place a restraint on trade in a free market. The plaintiffs, in this case, argued that the NCAA did just that through their amateurism rules. Specifically, they argued that the NCAA’s rules limiting college athletes to cost-of-attendance scholarships violates federal antitrust law. Additionally, the college athletes argued that there were other less restrictive ways that the NCAA could meet its goal.

The NCAA conceded that the rules in question did in fact violate federal antitrust law. However, the NCAA contended that their rules served two procompetitive purposes. Specifically, the NCAA argued that their rules were necessary to retain consumer interest in college sports. The NCAA contended college athletes being unpaid is what keeps college sports separate from professional sports. They argued that it is this separation that drives consumer interest. Additionally, the NCAA argued that its amateurism rules were necessary to keep college athletes integrated into the greater college campus community.

Ultimately, the District Court ruled that the NCAA was violating federal antitrust law with its blanket prohibition on payments beyond a cost-of-attendance scholarship. The court ruled that the NCAA could serve their procompetitive purposes using a less restrictive means. Accordingly, the court ruled that the NCAA could no longer restrict benefits given to college athletes that are tethered to education. Such benefits include things like computers and musical instruments. These types of benefits help further college athletes’ pursuit of their education.

The NCAA Can Still Restrict Non-Education Related Benefits

However, the NCAA may still restrict payments above a cost-of- scholarship that is not tethered to education. Therefore, the NCAA is still able to serve its procompetitive purpose of keeping college sports separate from professionals by ensuring college athletes do not receive any non-education related benefit.

The Appeals Court affirmed the District Courts Decision

While the NCAA did not completely lose the District Court case, they still appealed. On appeal, the court considered whether the District Court erred in their ruling. However, the appeals court affirmed the lower court’s decision. The court reasoned that the NCAA could keep college sports separate from professional sports while allowing college athletes to receive unrestricted education-related benefits. The court further reasoned that it would not adversely affect consumer interest in college sports. When the NCAA allowed college athletes to receive cost-of-attendance scholarships, that did not adversely affect consumer interest in college sports, as the NCAA originally said it would. As such, the court affirmed that allowing the NCAA to limit non-education related benefits while requiring the allowance of educational benefits was a reasonable balance that would allow the NCAA to further its mission.

LaMelo Ball Foregoing NCAA for a More Profitable Path to the NBA Draft

The pressure is on for the NCAA once again! Another high-level NBA Draft prospect is showing that there could be a more prosperous road to the NBA than college basketball. On April 2, 2020, news broke that LaMelo Ball and his manager, Jermaine Jackson, plan to purchase the IIawarra Hawks. The Ilawarra Hawks is the Australian based National Basketball League (NBL) team that Ball played for last season. It became clear that Ball would not be playing college basketball a few years ago.

In 2017, LaMelo Ball signed with an agent and entered a contract to play in the Lithuanian Basketball League. Eventually, Ball returned to the United States to play high school basketball at the Spire Institute in Ohio. However, Ball’s return to US high school basketball did not reinstate his eligibility for college basketball. He lost eligibility when he signed with an agent prior to playing in Lithuanian. As a result, after finishing at the Spire Institute Ball was left three options. Those options were to declare for the NBA Draft, play in the NBA G-League, or returning to playing professional basketball overseas. Ball chose to play professionally overseas.

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LaMelo Ball and Other Highly Sought After Recruits Have Taken Unconventional Routes to the NBA Draft

LaMelo Ball is not the only player who opted to play professionally overseas. R.J. Hampton also opted out of college basketball to play for the NBL’s New Zealand Breakers. Both Ball and Hampton come on the heels of Darius Bazley who ultimately decided not to attend college in 2018. Bazley was the 13th best high school player in the 2018 class. He was slated to play for Syracuse University before he backed out and opted for the NBA G-Leauge. He then decided not to play in the NBA G-League to do an internship with New Balance and prepare for the NBA Draft on his own. Bazley received a guaranteed $1 million for the internship and was drafted by the Oklahoma City Thunder in 2019.

Bazley along with his agent, Rich Paul, charted a new path to the NBA showing upcoming basketball players a new way. It is possible that LaMelo Ball is doing the same thing here. Ball has high draft potential for the 2020 NBA Draft without playing a second of college basketball. He also has the opportunity to have an ownership interest in the professional team he played for. Even if Ball ultimately does not become the owner of the team, he has already given future college basketball prospects something to think about.

Future College Basketball Prospects will Continue to Forge Their own Paths to the NBA Draft

Future college basketball prospects will wonder if they should go play professionally where they could have an opportunity to grow their brand, learn about business, and possibly own a team. They will weigh this against signing their rights to away college basketball for a system that acts like it is brain surgery to create a program where players can profit from their own name, image, and likeness. Either way, the NCAA has once again had to feel the pressure as players are forging other more profitable avenues to the NBA Draft.

Did NCAA Really Agree to Allow College Athlete NIL Compensation? Nope

NCAA Name Image Likeness NIL Pay college athletes

On Tuesday, the NCAA’s working group released its decision on the college athlete name, image, and likeness (NIL) compensation issue. Or did they? All of the headlines immediately read that the NCAA allows college athlete NIL compensation. At first glance, the NCAA’s statement would lead one to believe that they did just that. The statement read that “the NCAA’s top governing board voted unanimously to permit students participating in athletics the opportunity to benefit from the use of their name, image, and likeness.” However, when looking a bit closer it becomes very apparent that the NCAA never used the word compensation in the context of allowing NIL payments. The NCAA danced around the compensation issue without ever calling it compensation.

In fact, the NCAA was not clear at all about how they plan to address the college athlete NIL compensation issue. They essentially addressed the issue without truly addressing the issue. Their statement is riddled with unclear ambiguous language that essentially renders the NCAA’s true stance on the issue unclear. The NCAA’s lack of clarity should come as no surprise. After all the NCAA is only addressing NIL compensation after being forced to do so.

The NCAA was Strong-Armed into Addressing College Athlete NIL Compensation

2019 has been a volatile year for the NCAA. State and federal lawmakers have become increasingly vocal about the injustices that plague the college athletics system. Several lawmakers introduced legislation to remedy those injustices. In January, Washington State Senator, Drew Stokesbary, introduced legislation to allow college athletes in Washington state to profit from their NIL. Soon after, Congressman Mark Walker introduced the Student-Athlete Equity Act. Under the Student-Athlete Equity Act, the NCAA would lose its tax-exempt status if it does not allow college athlete NIL compensation. While these bills were being introduced, lawmakers in California were debating the Fair Pay to Play Act. All of this led the NCAA to create a working group to address the NIL compensation issues.

However, the working group did not work fast enough for California. California Governor Gavin Newsom signed the Fair Pay to Play Act into law. Under the law, college athletes in California will be allowed to profit from their name, image, and likeness and sign with agents starting in 2023. In spite of the NCAA’s efforts to thwart the Fair Pay to Play Act, it still became law. As a result, the NCAA’s working group had no choice but to acknowledge the need to “modernize” their rules in favor of college athlete NIL compensation. The NCAA was forced to either move towards NIL compensation or to at the very least appear to be moving towards NIL compensation. It seems as though the NCAA has chosen to appear to be moving forward with college athlete NIL compensation.

The NCAA Has Chosen to Give the Appearance of Moving Towards College Athlete NIL Compensation Instead of Truly Moving Towards it

While the NCAA has everyone saying that they have decided to allow college athlete NIL compensation, that is not exactly true. In fact, the NCAA never used the word compensation in that context. The NCAA voted to allow college athletes to “benefit” from the use of their name, image, and likeness, not to be compensated. It is not clear what “benefit” actually means. What kind of “benefit” will the NCAA allow? How are NIL benefits different from NIL compensation? However, what the NCAA did make clear is that the “benefit” will be done “in a manner consistent with the current collegiate model.” In true NCAA fashion, the NCAA spared no expense in making it clear that they are dedicated to preserving as much of the current collegiate model as possible. In fact, the NCAA set out a list of guidelines that are dedicated to doing just that.

The NCAA’s Rule Modernization Guidelines

As a part of its effort to allow college athletes to “benefit” from their NIL, the NCAA has urged each division to consider modernization of its bylaws and policies. To help each division with doing that, the working group created a set of guidelines for each division to consider. However, those principles and guidelines seem to be more about ensuring that the divisions create bylaws that maintain the NCAA’s commitment to amateurism.

For example, the NCAA has urged its divisions to amend their rules so that athletes receive similar treatment as other students. However, the guidelines provide a caveat that will allow athletes to be treated differently when there is a compelling reason for doing so. However, in true NCAA fashion, there is no clarity on what is a permissible compelling reason for different treatment. Additionally, the guidelines require that the amended bylaws maintain a “clear distinction between collegiate and professional opportunities.” This is clear amateurism perservation language.

The NCAA also urged that the bylaws be amended so that it is clear that “compensation for athletic performance or participation is impermissible.” In fact, that is the only context in which the NCAA made reference to compensation. They mentioned it to reiterate that compensation related to athletic performance is not permissible. Furthermore, the NCAA instructed that the bylaws be amended with the caveat that “student-athletes are students first and not employees of the university.” Again, their true focus is on preserving amateurism.

The NCAA’s Statement is not the Earth Shattering Development it was Made out to be

While the NCAA’s statement is noteworthy, it is not the groundbreaking development it was made out to be. It is noteworthy because the NCAA finally acknowledged that college athletes should be allowed to “benefit” from their NIL. However, it is not groundbreaking because the NCAA is still committed to preserving the farce of amateurism. After all, the NCAA is only addressing this issue after realizing that they had no choice. The NCAA was very careful not to say that college athletes are allowed to receive compensation. They strategically used the word “benefit” and neglected to define what a “benefit” would be.

While some of the guidelines addressed the betterment of college athletes, there was a heavy focus on protecting amateurism. The guidelines also created more questions than answers. It is for these reasons that the NCAA’s statement feels like a half measure that was intended to slow down the momentum of related legislation. Furthermore, the statement does not address college athletes’ ability to sign with agents. The NCAA addressed this issue during the summer for elite men’s basketball players. The NCAA needs to address this in the broader context as the Fair Pay to Play Act and other proposed legislation seeks to allow college athletes to sign with agents. The most useful finding that comes out of this statement is the fact that the NCAA has acknowledged the need for change. However, what form the NCAA will allow that change to take is still very unclear.

Like Dominos, States are Falling into the College Athlete NIL Movement

compensate College Athletes

Last week, California Governor Gavin Newsom set a trend when he signed the Fair Pay to Play Act into law on LeBron James’ hit show The Shop. The new law will take effect in 2023. The Fair Pay to Play Act will give college athletes in California the ability to profit from their name, image, and likeness (NIL). Specifically, college athletes will be allowed to garner endorsement deals and otherwise monetize their NIL without losing eligibility. The law also allows college athletes to sign with agents. The Fair Pay to Play Act is proving to be a trendsetter. Several states have announced plans to join the college athlete NIL movement.

Prior to the Fair Pay to Play Act being signed into law, a few other states had plans to introduce similar legislation to comp. Since the Fair Pay to Play Act became law states in almost every region of the country have announced plans to create similar legislation. The NCAA’s threats to ban California colleges from post-season play has been no match for legislators who are determined to do what is right for college athletes. These legislators are determined to create a more equitable college athletics system.

Currently, college athletes propel a billion-dollar college sports industry and are limited to a cost-of-attendance scholarship for their efforts. Meanwhile, coaches’ salaries continue to grow and the non-profit NCAA generates a billion-dollars per year. Several state and federal lawmakers are determined to give college athletes a bigger piece of the pie. Let’s take a look at the states that have joined the college athlete NIL movement since the passage of the Fair Pay to Play Act.

States With Plans to Introduce College Athlete NIL Legislation

In the midwest, Illinois and Minnesota state lawmakers have announced plans to introduce a college athlete NIL bills. Pennsylvania and Maryland are both considering introducing legislation similar to the Fair Pay to Play Act. Several lawmakers in Nevada have stated that they would consider introducing similar legislation. A lawmaker in Kentucky is reportedly drafting a bill addressing college athlete compensation. Perhaps the most notable state to join the college athlete NIL movement is the state of Florida.

Two Florida lawmakers have already filed bills. On October 4, Chip LaMarca filed HB 287. This bill seeks to allow college athletes to profit from their name, image, and likeness. If signed into law, it will become effective on July 1, 2020. Prior to HB 287, Florida representative Kionee McGhee filed HB 251. That bill is also set to become effective on July 1, 2020. HB 251seeks to allow college athletes to receive “specified compensation.” The bill will also create a Florida College System Athlete Name, Image, and Likeness Task Force. With these two bills, Florida is bound to give college athletes the ability to profit from their NIL.

Download the Podcast Detailing CA and the Other States Legislation

The College Athlete NIL Movement has a Potential Newcomer on the Federal Level

The current collegiate model is not only being challenged on the state level. The collegiate model is being challenged at the federal level as well. Earlier this year, U.S. Congressman Mark Walker introduced the Student-Athlete Equity Act. The NCAA is exempt from federal taxation as an organization that organizes amateur sports and national championships. The Student-Athlete Equity Act seeks to remove that exemption if the NCAA continues to enforce rules that prohibit college athletes from profiting from their NIL. In addition to this fight at the federal level, the NCAA is about to face another one.

A U.S. Congressman from Ohio is planning to introduce a federal bill similar to the Fair Pay to Play Act. Representative Anthony Gonzalez, a former Ohio State wide receiver, plans to introduce a federal bill that will allow college athletes to profit from their name, image, and likeness. Gonzalez would like to see NIL compensation become a reality before 2020. However, he may wait until the NCAA’s NIL working group releases its’ findings before introducing legislation.

Paying College Athletes has Bipartisan Support

As more state and federal lawmakers announce plans to introduce college athlete legislation, it is becoming increasingly apparent that the issue has bipartisan support. Both Republican and Democratic lawmakers have been vocal in support of the legislation. Perhaps this is because they all can see the blatant inequities in the current collegiate sports system. In a capitalist society, no one can reasonably support the notion that college athletes should be prohibited from profiting from their NIL. The bipartisan support will continue to grow. The NCAA will be forced to enact a meaningful change on the issue or sit back and watch lawmakers do it for them.

What California’s Fair Play to Pay Act means for South Carolina, Colorado legislation

California Fair Play to Pay Act Colorado and South Carolina NCAA

Governor Gavin Newsom broke the internet this morning when a video of him signing the Fair Pay to Play Act into law was released. The Fair Pay to Play Act was one of the hottest issues of the summer. It led everyone to debate if college athletes should be paid above a cost-of-attendance scholarship. The debate is no longer, at least for college athletes in California. Governor Newsom sat with LeBron James on his hit show The Shop and signed the bill into law.

King James was an ardent supporter of the bill. The Fair Pay to Play Act will give college athletes in California the ability to profit from their name, image, and likeness (NIL) and the ability to sign with an agent. Governor Newsom ignored the NCAA’s threat to prohibit colleges in California from participating in post-season championships and signed the bill into law. What will this mean for college athletes in California in 2023 when the bill is set to take effect?

The Fair Pay to Play Act

The Fair Pay to Play Act seeks to accomplish two goals for college athletes attending four-year colleges in California. One goal is to allow them to sign with agents. Pursuant to the bill, the agents must be licensed with the state. The agents must also be fully compliant with the federal Sports Agent Responsibility and Trust Act. The second goal is to give college athletes in California the ability to profit from their name, image, and likeness.

Under the Act, colleges will be prohibited from upholding any rule that prevents college athletes from receiving compensation for their NIL. Any compensation that is earned will not affect the athletes’ scholarships. Furthermore, the NCAA will not be able to keep college athletes from participating in collegiate sports simply because they receive NIL compensation. The NCAA also will not be able to ban a school from participation because its athletes receive NIL compensation.

However, college athletes do not have a blanket rule to enter into a contract without any consideration for their team’s pre-existing contracts. If an athlete enters into a contract, the athlete must inform the school. If the athlete’s contract conflicts with the team’s contract, the athlete will not be able to enter into that contract. However, the team contract will not prevent an athlete from receiving NIL compensation when the athlete is not engaged in official team business. The Act does not apply to prospective college athletes. The Fair Pay to Play Act will only apply to four-year colleges. However, the California legislature intends to create a community college NIL working group to study the California Community College Athletic Association’s rules.

Podcast Discussion About the Name, Image, and Likeness Bills

How will the Fair Pay to Play Act Effect Colleges in other States?

During his appearance on The Shop, Governor Newsom stated that “the [Fair Pay to Play Act] will initiate dozens of other states to introduce similar legislation.” Governor Newsom could not be more right. Before he signed the Fair Pay to Play Act into law other states had already followed suit. For example, New York state senator Kevin Parker introduced the New York Collegiate Athletic Participation Compensation Act. The New York bill is very similar to the Fair Pay to Play Act, but goes a bit further.

New York Collegiate Athletic Participation Compensation Act

The New York Collegiate Athletic Participation Compensation Act also seeks to give college athletes the right to profit from their NIL without losing their scholarship or collegiate eligibility. The bill prohibits New York colleges from upholding any rule that prevents college athletes from receiving NIL compensation. The bill also prohibits the NCAA from banning an athlete from collegiate participation due to NIL compensation. Likewise, the bill prohibits the NCAA from banning colleges whose athletes receive NIL compensation.

Like the Fair Pay to Play Act, college athletes in New York would not have the blanket ability to enter a contract without consideration of their team’s pre-existing contracts. The athletes will be required to inform their school of any contract they enter into. They would not be allowed to enter a contract that conflicts with the team’s contracts. However, a team contract will not prevent an athlete from receiving NIL compensation when the athlete is not engaged in official team business.

The New York Collegiate Athletic Participation Compensation Act also gives college athletes the ability to sign with agents. The agents must be properly registered and compliant with federal laws. The bill also exempts community colleges and calls for a working group to be created to address the NIL issue for community colleges. The bill also does not apply to prospective college athletes. The New York Collegiate Athletic Participation Compensation Act is very similar to the Fair Pay to Play Act. However, the New York bill takes college athlete compensation a couple of steps further.

The New York Collegiate Athletic Participation Compensation Act Seeks to go the Extra Mile

The New York Collegiate Athletic Participation Compensation Act seeks to go the extra mile by requiring that each college establish a fund for injured athletes. With this provision, athletes who suffer a career-ending injury in a practice or game will qualify for the fund. The athletes would receive the money upon graduation. The amount of compensation would be determined by each school. Perhaps most notably, the bill goes further by requiring that each college share 15 percent of its revenue from ticket sales with the athletes. These are major differences because it requires the schools to make direct payments to the athletes. Hopefully, California has broken the ice so that these additions to college athlete compensation can become law.

Colorado and South Carolina Also Have Plans to Follow Suit

Lawmakers in South Carolina and Colorado have already announced their intentions to follow suit. They both plan to submit legislation similar to the Fair Pay to Play Act in their upcoming legislative sessions. South Carolina State senator Marlon Kimpson and representative Justin Bamberg plan to introduce the bill. The bill will require the biggest colleges in South Carolina to pay $5,000 a year stipends to athletes in profitable sports like football and basketball. The bill will also seek to allow college athletes to receive compensation from sponsorships and autograph signings.

The Colorado legislation was introduced last session by state senators Owen Hill and Jeff Bridges. However, it was too late in the session when it was introduced. The senators plan to re-introduce the bill in the next legislative session. The Colorado bill will also require direct payment to college athletes from schools. Former college athlete Jeremy Bloom is a supporter of the Colorado legislation.

Whether the NCAA likes it or not, NIL Payments are Coming

Governor Newsom did not back down to the NCAA. From the looks of things, other states are not going to either. Whether the NCAA likes it or not, NIL compensation is coming. As Maverick Carter pointed out on The Shop, America is a capitalistic society. College athletes should have the same rights to participate in this capitalistic society like every other student. The Fair Pay to Play Act and other similar legislation seek to give college athletes that right. In light of Governor Newsom’s decision, it will be interesting to see what the NCAA’s NIL working group proposes. The working group is expected to share its findings and decision soon.

California Senate Bill 206 Fair Pay to Play Act Would be a Major Benefit to Impoverished Athletes

California Senate Bill 206 Fair Play Act NCAA Athletes

California is currently the hotbed for the pay-for-play debate in college sports. This is due to the Fair Pay to Play Act that is currently before the California state legislature. Two California state senators have taken action against the injustices that plague the current college sports system. Those senators are Nancy Skinner and Steven Bradford. Senators Skinner and Bradford introduced the Fair Pay to Play Act in hopes of creating a more equitable system for college athletes and particular NCAA athletes in California. The bill seeks to give those college athletes the ability to profit from the commercial use of their name, image, and likeness (NIL). The athletes would also be able to sign with agents. The Fair Pay to Play Act has the potential to completely change the landscape of college athletics and the NCAA.

The Current Landscape of College Athletics

Currently, college athletes are not permitted to profit from their NIL for athletically related activities. Despite the NCAA’s best efforts to steer everyone away from this fact, college sports are a billion-dollar industry. Everyone gets rich except the players. Conferences and college sports officials garner billion-dollar television broadcasting deals. Coaches, athletic directors, and conference commissioners negotiate million-dollar salaries. Meanwhile, the athletes are limited to a cost-of-attendance scholarship and are prohibited from profiting from their name, image, and likeness. If an athlete seeks to make such a profit, the athlete will be deemed ineligible for competition by the NCAA. How is this fair? The answer is that it is not fair. The Fair Pay to Play Act seeks to remedy that injustice.

On Monday, the California State Assembly unanimously passed the bill 72-0. The bill will now go back to the State Senate for another vote. The bill was amended after it was originally passed in the State Senate. If the bill is passed again in the State Senate, it will go to Governor Gavin Newsome’s desk.

Governor Newsome should sign the bill into law because the Fair Pay to Play Act has the ability to create a more equitable system for college athletes in California. If signed into law, the bill will greatly benefit all college athletes attending school in California. However, the bill could have a profound effect on black college athletes; particularly those who come from disadvantaged backgrounds. The Fair Pay to Play Act could create an entirely new revenue stream for such athletes by allowing them to acquire a better quality of life not dependent on making it in professional sports.

The Make-up of the Labor Force that Drives the Billion-Dollar Industry

The two sports that generate the bulk of the revenue in college athletics are Division I Football and Division I Men’s basketball. An overwhelming majority of the athletes participating in those sports are African American. In 2018, roughly 48 percent of Division I football players were African American. In 2018, roughly 56 percent of Division I Men’s basketball players were African-American. Even in Division I Women’s basketball, 47 percent of the participants were African-American. Many of these players come from disadvantaged backgrounds and some live in poverty.

Roughly 86 percent of African-American college athletes come from families that live below the poverty line. Generally, many college athletes live at or below the federal poverty line. The National College Players Association conducted a study that compared the room and board portion of each school’s full athletic scholarship to the 2011 federal poverty line.  The study found that 85 percent of on-campus athletes and 86 percent of off-campus athletes lived below the federal poverty line. It is true that college athletes are now given cost-of-attendance stipends. However, in many cases, the cost-of-attendance stipend is not enough for athletes to take care of themselves and their families.

The Cost-of-Attendance Stipend is Simply not Enough

In January 2015, the Power 5 conferences voted to allow college athletes to receive cost-of-attendance stipends. Each school calculates the amount of their cost-of-attendance stipend by considering variables like transportation, tuition and fees, books, and personal expenses. Many college athletes use these stipends to support themselves and their families. For example, Deion Hair-Griffin played receiver for North Texas. He received approximately $3,136 as his cost-of-attendance stipend, which he used to help his mother. His mother sacrificed her food and struggled to pay bills so that her son could play football. Once Deion received the stipend he was able to alleviate some of his mother’s financial stress.

Similarly, Van Smith who played football at Clemson used part of his $388 monthly stipend to cover part of his younger brother’s high school football expenses. Myles Gaskins, who played football for the University of Washington, argued that the stipends are still not enough. Gaskins pointed out that the stipend amount would lead athletes to live below the poverty line due to the high rent cost in Seattle. The stipends have been beneficial to college athletes. However, it is still not enough. This is especially true for college athletes who come from poverty. The implementation of the Fair Pay to Play Act and cost-of-attendance stipends will vastly improve the lives of impoverished college athletes in California.

While the Benefit may not be the Same for all Athletes, all Athletes Stand to Benefit

Opponents of the Fair Pay to Play Act argue that the outcome of the bill will not be successful because it will not benefit all athletes. They argue that the bill will only prove beneficial to the highly sought after elite athletes. However, it is very likely that lower-profile athletes will benefit from this bill as well. Simply having the opportunity to garner an endorsement deal is a benefit. This benefit can go a long way for athletes who come from poverty. Let’s consider the perspective of two former college athletes on the issue of how beneficial the Fair Pay to Play Act will be to college athletes.

Former College Athletes Perspective on the Fair Pay to Play Act

Greg Camarillo is a former Stanford University football player who supports the bill. Mr. Camarillo stated that he is not sure that the bill would have benefited him because he was not a high profile athlete in college. However, he acknowledged the possibility of local businesses giving lower-profile athletes endorsement deals. Mr. Camarillo stated that in his view endorsements are the most realistic way for college athletes to receive payment because most schools cannot afford to pay athletes. He also stated that colleges should not have the power to take away college athletes’ ability to profit from their name, image, and likeness.

Travis Johnson is a California native and former Florida State football player. He believes that finding a way to pay college athletes is long overdue. Mr. Johnson recalled instances where athletes did not have enough money to buy groceries or to travel home for the holidays. He acknowledged that an extra $1,000 per month would go a long way. Mr. Johnson suggested that when a company is interested in endorsing the star linebacker, the company offer some type of deal to each player on the line. That way, even the lower-profile players will have an opportunity to benefit from the Fair Pay to Play Act. This bill could lead to the creation of such a system.

With the Fair Pay to Play Act, College Athletes will not Feel so Pressured to Turn Pro and Degree Completion will Likely Increase

Many college athletes leave school early for the pros because they are desperate to change their social-economic status. While some may wish to remain in college, they feel that they cannot afford to. The Fair Pay to Play Act has the ability to alleviate that stress by creating an avenue for college athletes to garner extra income. Furthermore, the Fair Pay to Play Act will provide financial opportunities for athletes who do not make it to the pros.

Approximately 4 percent of college basketball players were selected in the 2018 NBA draft and approximately 4 percent of college football were selected in the 2018 NFL draft. This means that only a small fraction of college athletes are given the opportunity to receive the true value of their athletic worth. Due to the NCAA’s rules, most college athletes miss their opportunity to take advantage of their skills when they are the most marketable. This simply is not right. The Fair Pay to Play Act can change this by giving all college athletes the ability to profit from their athletic abilities during their prime years in college. 

Opening the door for college athletes to sign endorsement deals, receive compensation from jersey sales and signed memorabilia, and to receive guidance from an agent while in college would dramatically improve the lives of college athletes, especially those who come from poverty. It would essentially create an avenue where college athletes can use their athleticism to build wealth while pursuing their education. Thus, equipping impoverished college athletes with the two most pertinent things needed to get out poverty – money, and education.  Therefore, the Fair Pay to Play Act should be signed into law if and when it reaches Governor Newsome’s desk.

HTH: Le’Veon Bell Robbed Naked, Jake Mangum, NBA Draft Underclassmen

Leveon Bell gets robbed by naked women, Jake Magnum Mississippi St Baseball, NBA Draft

Three recent robberies have made the news recently, and we must address them. Le’Veon Bell got robbed. Mississippi State player Jake Mangum pointed out the fact that NCAA baseball coaches and players are being robbed. College Basketball underclassmen are being robbed of their draft and educational opportunities by declaring for the NBA draft too early.

#1 Le’Veon Bell had a Sleepover with His Robbers

Le’Veon Bell just got heisted for $520k in jewelry. But thieves in the night? Nope. By two women, his “girlfriends” as he referred to them. The best part about this is when police asked for a description of what the suspects were wearing, he told the police he didn’t know because he left them naked in his bed. Come on man. Now I’m not here to judge his threesome or whatever. But he needs to have some common sense. You can’t just leave strangers in your house with all of your stuff. This is a major blow considering he didn’t get paid last year.

#2 The NCAA is Robbing College Baseball Players and 3rd Assistant Coaches

https://twitter.com/courtkrobb/status/1141927023008473090

Jake Mangum of Mississippi State recently brought up yet another NCAA grievance. Baseball has a third assistant coach that is unpaid. They get a university email, phone number, and role, but no pay. This is absurd. At least shell out a stipend for room and board. For an organization that makes millions upon millions, they are slow to pay those that bring value. It’s the same for athletes. Of 35 players on each team, only 11.7 scholarships are dispersed. Just like congress continued to drag their feet over paying the heroes of 911 (thank you Jon Stewart for bringing awareness and accountability), the NCAA always avoids paying their players.

#3 Underclassmen in the NBA Draft are Being Robbed

Who is advising these underclassmen to leave early and enter the NBA Draft? Now, I’m not talking about the lottery picks. I’m talking about good, not great players. There are so many of these players that are likely to go undrafted and end up in the G League or overseas. They need to stay another year or two, gain experience and perfect their skills. Teams have more money invested in higher draft picks and give them a longer leash to live up to expectations. But, if these athletes don’t get drafted, they should be allowed to go back to college and play. The NCAA and a new NBA CBA need to allow this. Don’t make them lose out on chances for education, maturity, and careers. Give them another shot. It’s too easy for broke college students to bite on the prospect of an NBA contract.