Schools must figure out how to allow athletes to profit while maintaining amateur rules
By Ralph D. Russo
AP College Sports Writer
The United States’ largest governing body for college athletics took the first step Tuesday toward allowing amateur athletes to cash in on their fame, voting unanimously to permit them to “benefit from the use of their name, image and likeness.”
The NCAA and its member schools now must figure out how to allow athletes to profit while still maintaining rules regarding amateurism. The body’s Board of Governors, meeting at Emory University in Atlanta, directed each of the NCAA’s three divisions to create the necessary new rules immediately and have them in place no later than January 2021.
The NCAA “must embrace change to provide the best possible experience for college athletes,” the board said in a news release. Board chair Michael V. Drake added that such change “must be consistent with the values of college sports and higher education and not turn student-athletes into employees of institutions.”
A group of NCAA administrators has been exploring since May the ways in which athletes could be allowed to receive compensation for the use of their names, images and likenesses. The working group, led by Ohio State athletic director Gene Smith and Big East Commissioner Val Ackerman, presented a status report Tuesday to the university presidents who make up the Board of Governors.
The shift came a month after California passed a law that would make it illegal for NCAA schools to prohibit college athletes from making money on endorsements, autograph signings and social media advertising, among other activities. California SB 206 goes into effect in 2023. More than a dozen states have followed with similar legislation, some of which could be on the books as soon as next year.
“This is another attempt by the NCAA at stalling on this issue,” said Ramogi Huma, executive director of the National College Players Association, an advocacy group. Huma said the association has posted model legislation on its website that it is encouraging “all states” to pass “to ensure their college athletes are afforded economic freedom and equal rights.”
The NCAA has said California’s law is unconstitutional, and any states that pass similar legislation could see their athletes and schools being declared ineligible to compete. But the board also said it hopes to reach a resolution with states without going to court.
“We would hope that all who are interested in the future welfare of student-athletes would work with us to get to that point and using reasonable processes to get there,” Drake said.
In addition to pending state laws, North Carolina Republican U.S. Rep. Mark Walker has proposed a national bill that would prohibit the NCAA and its member schools from restricting athletes from selling the rights to their names, images and likenesses to third-party buyers on the open market.
“We’re going to continue to communicate with legislators at the state and federal level,” NCAA President Mark Emmert said. “That’s one of the things that the board is asking of me and my staff and the membership in general, and hopefully we can avoid anything that’s a direct conflict with our state legislators.”
A look at NCAA’s name, image, likeness benefits guidelines
The NCAA Board of Governors has voted unanimously to allow amateur athletes to cash in on their name, image and likeness “in a manner consistent with the collegiate model.” The board’s principles and guidelines include:
• Making sure athletes are treated similarly to non-athlete students unless a compelling reason exists to differentiate.
• Having rules that are transparent, focused and enforceable and that facilitate fair and balanced competition.
• Making clear the distinction between collegiate and professional opportunities.
• Making clear there will be no compensation for athletic performance or participation.
• Reaffirming that athletes are students not employees of the university.
• Protecting the recruiting environment and prohibiting inducements to select, remain at or transfer to a specific school.
The NCAA also offered answers to specific questions on the topic:
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WHAT HAPPENS NEXT?
Schools in each of the NCAA’s three divisions will provide feedback to the working group and prepare for future rules changes. The working group is expected to provide updated recommendations to the Board of Governors in April. The board also said the divisions can begin making any new rules immediately but no later than January 2021 — two years before a California law clearing the way for athlete endorsement deals takes effect.
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WHY NOW?
NCAA membership determined that exploring this issue was an important step to support its athletes. NCAA leadership also determined a response was needed to federal and state legislative proposals “that would be harmful to a national, uniform college athletics model.”
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WHAT ABOUT THAT CALIFORNIA LAW?
The NCAA said “it is critical that college sports are regulated at a national level.” The nation’s largest governing body for college athletics contends the California law and similar proposals in other states “ultimately would lead to pay for play and turn college athletes into employees,” blowing up the very “mission of college sports within higher education.”
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WILL THE NCAA GO TO COURT?
The NCAA contends the California law “likely is unconstitutional, and the actions proposed by other states make clear the harmful impact of disparate sets of state laws.” The NCAA said all potential next steps are on the table.
