Chasing Sport

What are hot college athlete NIL topics for year 2?

In this episode of Chasing Sport, sports attorneys Chris Dix and Malik Jackson provide resources and discuss boosters, the NCAA’s trawling for NIL nuggets through its agreed upon procedures, contextualization of NIL deal facilitation as a national issue, recruitment issues, similarities between NIL expansion and the deregulation of gambling, NFTs, and why all student athletes need to avoid Pay for PALS (Pay for Play, Performance, Participation, Attending, Leaving, and Staying).

1. NCAA Guidance on Boosters

a. https://www.ncaa.org/news/2022/5/9/media-center-di-board-of-directors-issues-name-image-and-likeness-guidance-to-schools.aspx

b. https://image.mail2.ncaa.com/lib/fe5715707d6d067e7c1c/m/7/38f59518-6731-4fde-983a-310d6468ef8f.pdf

2. Agreed Upon Procedures- https://ncaaorg.s3.amazonaws.com/ncaa/finance/2022NCAAFIN_AgreedUponProcedures.pdf

3. https://www.wcia.com/sports/your-illini-nation/bielema-on-illinois-nil-amendment-we-want-what-benefits-our-student-athletes/

Who should a college athlete have on their "team" as they consider and enter into deals to get paid for their name, image and likeness?  In this episode of Chasing Sport, sports attorneys Chris Dix and Malik Jackson answer this very important question.  

Chris and Malik also discuss the importance of family to a college athlete, and some of the legal issues regarding entity formation and governance that can arise when a college athlete forms a company to engage in NIL deals.  

On July 1, 2021, a combination of state law changes and an NCAA waiver allowed college athletes to begin receiving compensation for their right to publicity (including their name, image and likeness) without losing their collegiate eligibility.  Sports lawyer Malik Jackson talks with Chris Dix about the practical impact of those changes for athletes, parents, coaches, colleges and universities.  Malik also discusses differences between rules adopted by different institutions (e.g., University of Florida vs. University of Alabama vs. Florida State University).     

Below are links to the NIL policies of several colleges and universities mentioned during this episode: 

University of Florida: 

https://floridagators.com/sports/2021/6/24/name-image-likeness.aspx 

University of Alabama: 

https://rolltide.com/sports/2021/6/28/name-image-likeness.aspx#:~:text=Use%20of%20any%20registered%20marks,unless%20receiving%20prior%20written%20permission 

Florida State University: 

https://seminoles.com/nilinfo/#:~:text=The%20state%20law%20prohibits%20student,in%20an%20FSU%20team%20contract.&text=NIL%20compensation%20activities%20may%20not%20occur%20during%20department%20or%20team%20related%20activities.&text=Questions%20should%20be%20directed%20to%20the%20FSU%20Office%20of%20Financial%20Aid 

Brigham Young University: https://byucougars.com/story/athletics/1296873/byu-institutes-nil-policies

In 2021, the Tennis Integrity Unit became the International Tennis Integrity Agency (ITIA).  ITIA CEO Jonny Gray talks with Chris Dix about the ITIA's role as the independent body established by the international governing bodies of tennis to promote, encourage and safeguard the integrity of professional tennis worldwide. Jonny also discusses recent changes to the Tennis Anti-Corruption Programme, the ITIA's plans to combine anti-corruption and anti-doping operations, and the ITIA's emphasis on education and promoting awareness of potential integrity issues for professional tennis players.    

The Knight Commission recently issued a report recommending that college football split from the NCAA and form a separate governing body, tentatively called the National Collegiate Football Association.  Peter Goplerud returns to the podcast to talk with Chris Dix about the implications of the Knight Commission's recommendations on college football and the student athletes that compete in the sport.  

View the Knight Commission's full report here:   https://www.knightcommission.org/wp-content/uploads/2020/12/transforming-the-ncaa-d-i-model-recommendations-for-change-1220-01.pdf

Bob Sefcik from the Jacksonville Sports Medicine Program talks with Chris Dix about possible injury risks as youth sports resume in a post-Covid world.  Topics addressed include (i) potential injuries (other than Covid) that can arise from the lack of significant physical activity during the pandemic, (ii) increasing awareness of concussion as a risk in youth sports, (iii) the Zachary Martin Act, which helps protect youth athletes from heat stroke, (iv) the rise in esports and associated injuries, and (v) practical advice for high school athletes, parents and coaches to help mitigate the risk of sports-related injuries.   

Do college athletes need a Bill of Rights to protect them against the colleges, conferences and coaches they play for?  

In August, a group of U.S. Senators announced they plan to introduce a College Athlete Bill of Rights to "guarantee fair and equitable compensation, enforceable health and safety standards, and improved educational opportunities for all college athletes."  The legislation promises to:

1. Fair and equitable compensation.

2. Enforceable evidence-based health, safety and wellness standards.

3. Improved educational outcomes and opportunities.

4. Comprehensive health care coverage and support with sport-related injuries.

5. Accountability across college sports.

6. Freedom for college athletes to attend the institution of their choice.

7. An oversight panel that gives athletes a real voice.  

https://www.booker.senate.gov/news/press/booker-senators-announce-college-athletes-bill-of-rights

In September, a bipartisan solution called the Student Athlete Level Playing Field Act was proposed in the U.S. House of Representatives to:

1. Grant student athletes the right to capitalize off their own name, image and likeness and engage in agent contracts. 

2. Establish one federal standard on NIL and a level playing field for college athletics. 

3. Establish a commission appointed by Congress and made up of a variety of NIL stakeholders, including student athletes, tasked with continuing to study the logistics of NIL as it is rolled out and providing legislative recommendations to Congress about ways the process could be improved. 

4. Ensure student athletes are not considered employees of universities. 

5. Protect the recruitment process.  

https://anthonygonzalez.house.gov/uploadedfiles/the_student_athlete_level_playing_field_act_-_one_pager.pdf

Brad Allen talks with Chris Dix about lessons learned from UK sports betting that can be applied in the USA as sports betting continues to expand.  Topics addressed include:

1. A quick historical overview of legalized sports betting in the UK

2. Problems and consequences resulting from legalized sports betting in the UK

3. How are the problems and consequences of legalized sports betting being addressed in the UK, either by betting operators, sport governing bodies, sports teams or the government (e.g., regulators or lawmakers)?    

4. Potential problems or consequences as legalized sports betting continues to expand in the United States

5. Lessons learned in the UK that can be applied in the US by betting operators, sport governing bodies and teams, and lawmakers

Here's a link to Brad's article from Legal Sports Report entitled "Are US Sports Betting Operators Ignoring Key Lessons from Europe?"  https://www.legalsportsreport.com/42437/us-sports-betting-lessons-uk-europe/  

Despite the sudden shutdown and gradual reopening of sports around the world due to Covid, there has been a lot of news recently regarding sports betting and student athlete compensation in the U.S. Below are some of the highlights:

1. The NFL Players' Association is offering a new program to teach former NFL football players about the potential dangers of gambling addiction. A summary of the program is provided in the article linked below:

https://www.legalsportsreport.com/42792/former-nfl-players-responsible-gambling-education/

2. The Gambling Related Harm All Party Parliamentary Group published a 72-page report examining the online gambling industry in Great Britain and the possible harmful effects that online gambling can have on people, their families and their communities. One of the key recommendations is that there should be a ban on all gambling advertising, including shirts, league sponsors, pitchside ads and also in online games like FIFA.

Below are links to the report and an excellent analysis of the report by the Northridge firm:

Report: http://www.grh-appg.com/wp-content/uploads/2020/06/Online-report-Final-June16-2020.pdf

Northridge Article: https://northridgelaw.com/potential-ban-on-gambling-advertising-in-great-britain/

3. The United States Senate Judiciary Committee conducted a hearing on Wednesday July 22, 2020 entitled "Protecting the Integrity of College Athletics." The hearing included testimony from Heather Lyke, athletic director at the University of Pittsburgh, who spoke on behalf of the University and Atlantic Coast Conference (ACC), Bill Miller, president and chief executive of the American Gaming Association (AGA), and NCAA president Mark Emmert. Below is a link to a video of the hearing:

https://www.judiciary.senate.gov/meetings/protecting-the-integrity-of-college-athletics

4. The Power 5 Conferences of the NCAA (SEC, ACC, Big 10, Big 12 and Pac 12) are working on national legislation regarding compensation for student athletes. The full proposal is not yet available, but the idea generally is to standardize NIL rules across all 50 states, preempt any existing state legislation on the same subject (e.g., Florida, California and Colorado), and provide a safe harbor to the NCAA from any anti-trust litigation by student athletes.

5. #WeAreUnited College athletes from the PAC 12 conference recently published a letter in The Player's Tribune threatening to opt out of practice and game participation in the Fall semester unless their demands regarding athlete treatment, safety and racial justice were addressed by the PAC 12 Conference. In response, PAC 12 Commissioner Larry Scott said that he is "happy to discuss" the issues identified by the players.

College athletes recently filed a class action alleging the NCAA and the Power 5 conferences (ACC, Big Ten, Big 12, PAC-12 and SEC) are unjustly enriched and violating U.S. antitrust laws by restricting or preventing college athletes from receiving compensation for their name, image and likeness.  Chris Dix discusses this new case with sports attorney Peter Goplerud, who is President of Florida Coastal School of Law in Jacksonville.