NCAA (finally) approved NIL rules. Here’s what that means for athletes, schools.
The NCAA approved regulations Wednesday that will usher in a new era of college athletics. Prompted by laws in 14 states that will go into effect on July 1, the NCAA moved to officially allow athletes in all sports to profit off their own name, image and likeness (NIL).
That paves the way for the possibility to see your favorite college athlete get paid for public appearances, autograph sessions and endorsement deals. The truly elite athletes (think Zion Williamson) could command big payouts.
There will be plenty of questions that come from the opening weeks and months of this new frontier. Here, we try to clear up a few of them as NIL begins:
Q. Can a school factor NIL into its recruiting pitch by arranging deals for its athletes?
A. No. Institutions are not allowed to broker NIL deals on behalf of their players. Within NIL, this may be the area that eventually needs the most policing. There is a real fear from many coaches and administrators that securing NIL money for recruits will become the new way for schools to cheat.
Q. Can athletes hire an agent or attorney to help facilitate their NIL needs?
A. Yes, but there’s a very fine line here. That agent is not allowed to negotiate any opportunities that deal with professional sports. For example, if a basketball player hires an agent for NIL, that person could not talk to NBA teams on that players’ behalf.
Q. Are there limits on what kind of NIL deals an athlete can make?
A. Yes. A school has the right to establish a policy for what kind of NIL deals are and are not permitted. For instance, a school can prohibit an athlete from using NIL if it conflicts with existing institutional sponsorships or if it conflicts with institutional values. (So that means, no collegiate athlete is going to be promoting gambling sites anytime soon.)
Q. Paid autograph signings got several schools in trouble in the past, how does NIL change that dynamic?
A. An athlete now can receive compensation for his or her autograph so long as the event itself is not sponsored or promoted by the institution and no “institutional marks” are used.
Q. Can I buy my favorite college athlete’s game-worn jersey from that game against Rival U?
A. Trick question. Yes, but you’d have to wait to do so. A player cannot sell apparel or awards (think Heisman Trophy) provided by the institution even if it will not be re-used until he or she has exhausted their playing eligibility. A caveat to that from the NCAA’s proposal reads: A student-athlete may sell institutional merchandise he or she has purchased, subject to institutional restrictions related to the resale of items that include institutional marks.
Q. Does the NCAA’s NIL policy mean the same standards will apply everywhere?
A. Not exactly. The NCAA provides an outline, but there will be some variations to the use of NIL based on each state that has passed a law. For instance, Georgia’s NIL law has a provision that will allow its schools to create a fund where players contribute a portion of their NIL earnings to benefit previously enrolled players from the same school.
Q. Can I get private training lessons for my kid from my favorite athlete at College State U?
A. If that’s what said athlete is offering, you sure can. But if you expect to do it at the university’s facility, that may factor into a higher price. The school can charge a player at a rate that it would offer anyone in the general public to use its facility.
Q. There will be plenty of opportunities for football and basketball, especially the starters, to capitalize on NIL, but is there something in place to guarantee reserves or participants in non-revenue sports to also get NIL opportunities?
A. No. Welcome to the free market.
This story was originally published June 30, 2021 at 6:06 PM with the headline "NCAA (finally) approved NIL rules. Here’s what that means for athletes, schools.."