The NCAA says it is ready to adopt significant changes that will shift its paradigm that previously barred student-athletes from profiting off their name, image and likeness. It marks a long-awaited step forward in improving players’ rights that was sped up by legislation forcing the college athletics governing body’s hand.
On a conference call with media members Wednesday morning, NCAA president Mark Emmert and Ohio State president Michael Drake said its Board of Governors supports a proposal from its working group, presented on Tuesday, suggesting that their athletes be able to sign endorsement and advertisement deals — in addition to being allowed to use agent representation to secure such agreements from third parties and businesses — as long as the schools they attend are not involved and their logos, trademarks and markings are not used.
“The member schools have embraced very real change that’s necessary to modernize our name, image and likeness rules,” Emmert said.
Over the next several months, NCAA member schools from all three divisions will give feedback and provide input, as the NCAA produces legislation that will be voted on in January. If approved, they would go into effect beginning in 2021.
There is a lot to be ironed out. The working group, led by Ohio State athletic director Gene Smith and Big East Commissioner Val Ackerman, provided a template. Now it needs to be refined and further examined, producing specific details that have yet to be established. The conference call left a lot of questions unanswered, namely how this will be regulated and if the NCAA will create a separate enforcement arm to monitor the new rules.
Recruitment inducements are one of the many limitations the NCAA is placing on the new rules, along with other “guardrails” that have yet to be decided upon. It wants to keep college and pro separate and regulating boosters, who will possibly be defined moving forward in different tiers, will be essential.
“What we don’t want is boosters being part of the recruitment pitches,” Ackerman said, though they will be allowed to be in business with students. “This is probably one of the most pressing problems we have, and will require intense focus in the coming months.”
Smith, the Ohio State AD, said there will be no cap for how much money can be made, but they will have to be at an appropriate market rate. Students will have to report terms of these agreements to their respective athletic departments, or risk endangering their eligibility. Products like alcohol or tobacco that conflict with NCAA rules cannot be endorsed, either. Agents or advisors would be allowed to be used, but only to help students obtain these deals. The working group said the NCAA should consider precluding or limiting businesses like shoe and apparel companies since they have a history of recruiting violations.
The NCAA was pushed in this direction by public officials.
California adopted a law, the Fair Play to Pay Act, last September
from preventing college athletes from accepting endorsement deals, autograph signings and social media advertising.
Several other states followed California, introducing similar bills. The California bill doesn’t go into effect until 2023, but a Florida bill could be made law in July of 2021, if Gov. Ron DeSantis signs it. The NCAA had responded by stating that such laws would contradict its rules and lead to athletes being ruled ineligible and disqualify select schools from competing. Emmert has expressed a desire to work with Congress for uniform name, image and likeness rules instead of state-by-state parameters and reiterated that stance on Wednesday, hoping these rule changes would lead Congress to preempt the state legislation, protect the NCAA against lawsuits pertaining to name, image and likeness rules, and receive an exemption from federal antitrust laws.
“It’s clear we need Congress’ help in all of this,” Emmert said.
Public officials were split on the news.
California state Senator Nancy Skinner, who wrote the California bill, appeared encouraged, calling this a “landmark change.” Meanwhile, Florida state Rep. Chip LaMarca took a shot at the NCAA, describing the developments as “protecting their own pockets” and accusing the governing body of “deliberate inaction.”
One thing everyone can agree on is there is more work to be done and a lot more to be learned as further details emerge regarding the NCAA’s plans.
“Pressure from states and the public will help ensure the NCAA does the right thing — and crosses the finish line to fully give college athletes the same rights that all other Americans enjoy,” Skinner said in a statement.
