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.

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.

NCAA May Be Forced to Pay Players For Their Name, Image, Likeness

College Athletes NCAA Name image Likeness

The NCAA is finally acknowledging the push to allow college athletes to receive pay from their name, image, and likeness (NIL). Both federal and state lawmakers have introduced bills seeking to allow college athletes to profit from their NIL. On May 14, the NCAA shocked college sports fans when they announced their creation of a working group to “examine issues being highlighted in recently proposed federal and state legislation related to student-athletes’ name, image, and likeness.”

With this announcement, the NCAA acknowledged the growing support for allowing college athletes’ to profit from their NIL. Some of the efforts have made quite a bit of progress. However, will the NCAA’s acknowledgment of this issue actually lead to real change that benefits college athletes? Will the NCAA finally do the right thing and allow college athletes to finally receive some of the benefits that their skills provide to so many coaches and college sports administrators?

College Athletes Give up the Right Profit From NIL When They Agree to Play

One may wonder why such legislation is even necessary. It would seem that people would automatically receive compensation for the use of their name, image, or likeness. However, that is not the case for college athletes. College athletes are prohibited from profiting from the use of their name, image, or likeness. Those who violate the rules risk losing their eligibility. College athletes have been suspended something as simple as signing an autograph. In 2013, Johnny Manziel was suspended for doing just that.

The ability of college athletes to profit from their NIL was addressed in federal court in O’bannon v. NCAA. While the case made some progress for college athletes, it did not result in blanket allowance of NIL compensation. Both federal and state lawmakers around the country have acknowledged the injustice of precluding college athletes from such compensation while the NCAA and its member schools generate billions of dollars each year from college sports.

Will the NCAA’s Working Group Result in NIL Compensation

Will the NCAA’s working group result in NIL compensation for college athletes? Initially, it would seem that the NCAA will do what it always does. That is, find a way to avoid allowing college athletes to receive any compensation in the name of maintaining its farce of “amateurism.” Afterall in the press release, the NCAA stated that the working group would be focused on “maintain[ing] the clear demarcation between professional and college sports.”

Allowing college athletes to profit from their NIL would certainly blur that line. College athletes would be able to sign endorsement deals similar to professional athletes. However, it is hard to imagine that it would blur the line any more than the billion-dollar broadcasting deal the NCAA has with CBS Sports and Tuner, a division of Time Warner already has. It clearly benefits the NCAA and college sports administrators for things to remain as they are. However, the creation of the working group signals that fact that the NCAA realizes that it needs to act before it is forced to act. The NCAA could be forced to act soon.

California Legislation Could Really Become Law: NCAA Athletes Pay

About a week after the NCAA made its announcement, the Fair Pay to Play Act in California took a giant leap forward. The California Senate voted 31-4 to pass the bill.

The bill is headed to the state Assembly for further consideration. The bill seeks to allow college athletes to hire agents and profit from their NIL by 2023. The Fair Pay for Play Act will make it illegal for California colleges to punish college athletes for receiving compensation for their name, image, and likeness. If this Act makes it through the state Assembly, the NCAA would be forced to change its rules, at least for colleges in California.

The Federal Legislation Could Affect the NCAA’s Non-profit Status

In March, Congressman Mark Walker of North Carolina introduced the Student-Athlete Equity Act. If signed into law, the act will make the NCAA’s status as a non-profit contingent on the NCAA allowing college athletes to be compensated for their name, image, and likeness. It is about time the NCAA be forced to actually do something to warrant still being considered a non-profit. The Act is currently under review by the House Ways and Means Committee. If this bill becomes law, the NCAA will have to change its rules for colleges nationwide.

The NCAA may Enact Change Given the Progress of the Proposed Legislation

Considering the progress of the Fair Pay for Play Act and the Student-Athlete Equity Act, the NCAA may actually feel forced to revise its rules. In an effort to avoid being told what to do, the NCAA may revise their rules to allow college athletes to receive some compensation. Furthermore, 2020 democratic presidential candidate Andrew Yang believes that is time to pay college athletes. He plans to make the issue apart of his campaign. Here again, a politician is taking a stance against the NCAA’s exploitive system. The issue of paying college athletes is going to continue to grow. With that realization, the NCAA may actually revise its rules in order to maintain its control.

Follow Kassandra Ramsey on Twitter @Court_2_Court