James Wiseman Decision and the NIL Compensation Timeline Proves NCAA is not Rushing to Change

NCAA Name Image Likeness James Wiseman

The NCAA has done it again! The billion-dollar non-profit organization demonstrated twice last week that it’s primary objective is protecting the sham of amateurism. First, the NCAA proved that it will be dedicated to protecting their self proclaimed noble objective even when it makes no sense and hurts it’s beloved “student-athletes”. The NCAA’s ruling in the James Wiseman case does exactly that. It makes no sense and is harmful to James Wiseman. Secondly, the NCAA demonstrated that they have no intention of allowing college athletes to “benefit” from their name, image, and likeness (NIL) anytime soon when they released their NIL compensation timeline. In their announcement, the NCAA reaffirmed that any college athlete NIL compensation will be consistent with the current “collegiate model.”

The James Wiseman Ruling

Chase Young James Wiseman

The NCAA ruled that potential number one NBA draft pick, James Wiseman, will serve a 12 game suspension and donate $11,500 to charity for a transaction that transpired between Wiseman’s mother and Penny Hardaway. When Wiseman was in high school Penny Hardaway gave his mother $11,500 for moving expenses. At the time, Wiseman was unaware of the transaction between Hardaway and his mother. Hardaway was not Wiseman’s coach although he later became Wiseman’s high school and college coach. Even though Wiseman did not have anything to do with the moving expenses Hardaway gave to his mother, the NCAA decided that he should be punished anyway. How does this make sense?

The answer is that it does not make common sense, it only makes NCAA sense. Per the NCAA’s rules, it is reasonable for Wiseman to serve a 12 game suspension for something he did not do. It is reasonable to require a “student-athlete” to pay what amounts to an $11,500 fine to a charity for an “impermissible benefit”. This is reasonable from an NCAA perspective because no college athlete is allowed to receive any benefit that is not NCAA approved. From a common-sense perspective, this punishment is completely irrational. A rational person would wonder why is Wiseman being punished? He did not do anything wrong. A rational person would also ask where is a “student-athlete” supposed to get that kind of money?

How Can James Wiseman get the Money Without Violating the NCAA’s Rules?

Wiseman’s sport does not allow him enough time to work to earn that kind of money. Perhaps, his family or a close friend could loan it to him. No, that will not work because that is not permissible, just ask Chase Young. Perhaps, random people could donate the money to Wiseman through GoFundMe like ESPN analyst Jay Williams called for people to do.

This seems like a plausible way for Wiseman to get the money. People who feel that Wiseman has been wronged could offer a helping hand. There is only one problem with this approach. Wiseman would not be able to accept the money because accepting the money would likely result in another NCAA violation. Really, what is Wiseman to do to pay this excessive fine that the NCAA has placed on him all in the name “amateurism”?

The NCAA’s NIL Compensation Timeline is a Stalling Tactic​

In addition to the James Wiseman decision, the NCAA showed its resistance to change when it released it’s NIL timeline. When the NCAA released its very lengthy NIL compensation timeline it became clear that the NCAA is stalling. Per the timeline, the NCAA will not vote on the issue until January 2021. This should come as no surprise. Afterall the NCAA is only addressing the issue after being forced to.

NCAA Name Image Likeness NIL Pay college athletes

The NCAA was Forced to Address NIL Compensation

The NCAA formed a working group to address issues surrounding college athlete name, image, and likeness (NIL) compensation. They were forced to address the issue under pressure from several state legislatures that introduced bills seeking to allow college athlete NIL compensation. The NCAA also faced pressure from Congress as Congressman Mark Walker introduced the Student-Athlete Equity Act. In October, California became the first state to allow college athlete NIL compensation when Governor Newsom signed the Fair Pay to Play Act into law. In October, the NCAA released the findings of the NIL working group. However, the NCAA is not going down without a fight.

When the working group’s findings were released, it became clear that the NCAA is still trying to retain as much power as possible. It has also become clear that the NCAA is going to give college athletes as little rights as possible. The NCAA is dedicated to retaining the current “collegiate model”. The findings did not provide much clarity on the NCAA’s stance on the issue. In fact, it only led to more questions. It seemed like a stalling tactic to slow the momentum of the progress of the NIL compensation movement. The timeline proves that it is a stalling tactic. However, their tactics are not working as Florida is considering legislation that could allow college athletes to profit from their NIL as early as July 2020.

Wiseman’s Decision and the NCAA’s NIL Compensation Timeline Demonstrates that the NCAA will not Change

The NCAA’s decision in Wiseman’s case and the NIL compensation timeline proves that the NCAA is not genuine in making meaningful changes in college sports. The NCAA is only willing to take half measures. The NCAA only wants to give the appearance of change. Their primary concern is retaining control of their billion-dollar cash cow. The NCAA remains dedicated to their cause, even when it is so clearly wrong. Their decision in the James Wiseman case is clearly wrong. The NCAA’s primary motive is showing that they are still in control and dedicated to preserving amateurism at all cost. Once again, the NCAA has proven that some sort of legislation is necessary to push the college athletes’ rights movement forward.

Pressure is on for the NCAA Name, Image, Likeness (NIL) Working Group

NCAA Name Image Likeness NIL Pay college athletes

California Governor Gavin Newsom created a firestorm when he signed the Fair Pay to Play Act into law. Starting in 2023, college athletes in California will be able to profit from their name, image, and likeness (NIL). They will also be able to sign with agents. After the act became law, several states announced plans to enact similar legislation. Among those states, was the state of Flordia. Two lawmakers in Florida proposed bills seeking to give college athletes including NCAA players the ability to profit from their name, image, and likeness (NIL). Last week, Florida Governor, Ron DeSantis, endorsed the proposed legislation. This is a major development regarding college athlete rights. It could mean that if either of the proposed bills makes it to DeSantis’ desk, he will likely sign it into law. Therefore, Florida could become the next state to allow college athletes to profit from their NIL.

However, the NCAA still has a chance to get out ahead of this NIL compensation issue. The NCAA could amend its rules to allow college athletes to profit from their NIL. The NCAA already has a working group set to address the issue soon. What would happen if the NCAA did just that and allowed college athletes to profit from their NIL? Would that make the Fair Pay to Play Act a non-issue? Would the federal government still enact a law addressing the issue? Before these questions can be answered, it is important to understand why so many state and federal lawmakers have come out in support of college athletes’ rights.

The Reason So Many Legislators are Interested in College Athletes’ Rights

The short answer is because it is the right thing to do. College sports are a billion-dollar industry. It is becoming increasingly difficult to ignore the blatant inequities in college sports. The benefits that college athletes receive pales in comparison to the benefits that their labor bestows upon others. For example, It was recently reported that several high profile college coaches have access to private jets for personal use. Access to such amenities are apart of their contracts.

As if it was not enough for some coaches to make severely more money than the governor of the state in which they coach, they have to have access to private jets too.

It is things like this that make it extremely hard to argue that college athletes should not be allowed to have a bigger piece of the college sports pie. Governor DeSantis realized this fact when he was attending a football game. His reason for endorsing the proposed legislation stems from him realizing that members of the marching band can make money promoting music on their YouTube channel. However, the football players who perform in the same field do not have a similar ability to profit from their talents. It is this inherent inequity and unfairness between the rights and abilities of college athletes versus those of other students that have sparked the interest of so many lawmakers.

What Happens if the NCAA Amends its Rules to Allow NIL Compensation?

While state and federal lawmakers are busy drafting college athletes’ rights legislation, the NCAA’s working group plans to address the issue. The working group is expected to announce its findings and recommendations very soon. The pressure is certainly on for the NCAA. Everyone is waiting to see if the NCAA will make recommendations that actually benefit college athletes. If the NCAA does amend its rules to allow college athletes to profit from their NIL, what will that mean for the Fair Pay to Play Act and other proposed legislation?

A World Where the NCAA Allows College Athletes to Profit From Their NIL

If the NCAA amends its rules in a meaningful way to allow NIL compensation, there is a chance that the NCAA could make the need for legislation go away. The Fair Pay to Play Act is not set to go into effect until 2023. Accordingly, the NCAA has time to remedy this situation themselves. However, in order to accomplish that the NCAA has to be willing to make meaningful change and allow college athletes to profit from their NIL and sign with agents with essentially no strings attached. The NCAA should not try to “tether” the endorsements to education or subject them to any other stipulation. The NCAA should do the right thing and allow college athletes to profit from their NIL like the Fair Pay to Play Act other proposed legislation intends to do.

If the NCAA does that there will not be a need for legislation and it will make the Fair Pay to Play Act obsolete. However, the NCAA’s track record paints a pretty bleak picture that they will do that. Furthermore, the stance that members of the working group have taken on the issue does not lead one to believe that meaningful change will be coming from the working group. Based on this, it is likely that some form of legislation will be necessary. However, the true outcome of the NIL compensation working group remains to be seen.