Future of college sports is foggy with start of NIL
College sports headed into uncharted waters this week and nobody seems to know where the boat is headed or who, if anyone, is navigating.
A series of court cases and laws being passed around the country have pushed the tide of compensating student-athletes and the NCAA made a slight course correction.
“This is an important day for college athletes since they all are now able to take advantage of name, image and likeness opportunities,” said NCAA President Mark Emmert, The Associated Press reported this week.
Name, image and likeness — or NIL — can sound confusing but it’s simply a way for student-athletes to be compensated for who they are and what they do without losing their amateur status.
Student-athletes will not be getting paid by colleges but they can go out on their own seeking sponsorship deals, online endorsements and personal appearances. They can also enter into agreements with agents and lawyers for help.
The NCAA said schools are responsible “for determining whether those activities are consistent with state law.”
At least a dozen states enacted laws covering NIL starting Thursday.
Missouri’s NIL law is awaiting the governor’s autograph and will start August 28 as part of HB 297.
Section 173.280 will allow student-athletes in the state to enter into contracts or agreements for compensation for the “student’s name, image, likeness rights, or athletic reputation” and keeps schools from affecting the “student’s grant-in-aid or stipend eligibility, amount, duration or renewal.”
It will limit student-athletes from entering into a contract that requires them to “display a sponsor’s apparel, equipment, beverage, or otherwise advertise for the sponsor during official team activities if it would conflict with the provisions of the athlete’s team contract.”
Student-athletes may be represented by an attorney or agent, who must be licensed in the state, and allows them to bring civil action.
Arkansas, Tennessee, Kentucky and Illinois also have NIL laws, among the nearly 20 states that had laws start Thursday.
The NCAA Board of Directors approved a change for the organization’s rules Wednesday, affecting athletes at all division levels.
The NJCAA, which oversees two-year institutions including Three Rivers College, announced Wednesday its Board of Regents passed a bylaw that will “promote and provide opportunities for student-athletes in the area” of NIL.
Three Rivers Athletic Director Brian Bess, who is also the head coach of the men’s basketball team and a parent of a Division I student-athlete, is getting up to speed on the newest wrinkle coming to college campus.
“I think we’re going to have to be on top of it and try to make sure that they’re educated and know they don’t want to mess up their eligibility and everything,” Bess said.
The NCAA says student-athletes must report NIL arrangements to their schools and there are limits.
In its press release, the NJCAA said a college’s employees or boosters making direct payment to student-athletes and, direct payments from the institution in exchange for athletic performance or as a recruiting inducement is still prohibited.
The NJCAA also says student-athletes may receive compensation for supervision of playground or recreational activities and participating in radio or television programs to promote an amateur athletic event.
The path forward may seem due South, with a lot of fog ahead.
Should a booster of a program also be a business owner and that business owner pays a student-athlete for their NIL is that not making a direct payment? Should the student-athlete be compensated for working camps put on by a school?
There seems to be too many questions and not enough answers and yet, as many as 50-plus different ways of doing things.
Bess noted that international student-athletes could also be affected differently considering their status.
“I don’t know how that’s going to affect anything either,” Bess said.
A number of student-athletes around the country announced NIL agreements Thursday or posted their new logo to their social media, essentially opening for business.
Former college athletes are calculating how much money they missed out on and coaches are wondering if paying student-athletes is on the horizon.
As if the things weren’t confusing enough with recruiting periods and the transfer portals, now student-athletes will need to understand tax laws and contracts.
No matter where the college sports ship is headed, the same engine still pushes it forward.
“FULL $PEED AHEAD!”
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