The NCAA announced Wednesday that its Board of Governors supports a plan that gives athletes the ability to capitalize on their names, images, and likenesses like never before and without participation from the association, schools, or conferences.
It is a historic decision, after so many struggles of student athletes who complained about the fact that the universities got rich with their names or shirts, so the athlete did not receive any financial benefit. Only the academic.
It is for all sports, but in the case of basketball three players refused to attend university and instead signed with the NBA Development League and it is said that one of them will receive at least $ 500,000 for his contract.
Ohio State University president and board chairman Michael Drake called it an “unprecedented” move by the NCAA.
The next step, according to ABC News, is for the membership to draft legislation by October 30. Many details still need to be worked out, including how to ensure that these sponsorship deals are not used as inappropriate incentives for recruits. Schools will take a formal vote at the next convention in January and the new rules will take effect no later than the 2021-22 academic year.
The nation’s largest governing body for college sports (NCAA) said it will still seek a federal law to prevent individual states from passing their own compensation laws for college athletes.
On Monday and Tuesday, the board reviewed detailed recommendations presented by a task force led by Ohio State Athletic Director Gene Smith and Big East Commissioner Val Ackerman. The recommendations took an aggressive approach, opening the door for athletes to earn money on everything from signing autographs and souvenir sales to signing sponsorship deals with companies large and small.
College athletes will not be allowed to use their school logos or trademarks in any sponsorship agreement, but they will be allowed to use an agent’s representation to make any agreement.
Smith said there will be consequences for athletes who do not meet the disclosure requirements. Payments to athletes will not be allowed to be used as recruitment incentives for high school athletes.
The NCAA fought against allowing athletes to be compensated for their name, image, and representations or photos for years, including in court. College sports leaders have said doing so would destroy the NCAA model of amateurism.
The need for change was now accelerated by pressure from state lawmakers. California was the first to pass a bill that would make it illegal for NCAA schools to ban college athletes from making money on sponsorships, social media advertising, and other activities related to name, image, and representations or photos.
“NCAA member schools have embraced a very real change,” NCAA President Mark Emmert said in a conference call with journalists on Wednesday.
Dozens of states have followed California’s lead, some more aggressively than others. California law will not take effect until 2023, while a Florida bill awaiting the governor’s signature will take effect in July 2021.
“It is clear that we need the help of Congress in all of this,” Emmert said.
NCAA leaders have already engaged with federal lawmakers.
The task force was formed about a year ago, but its work has accelerated since the NCAA convention in January.
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“Throughout our efforts to improve support for college athletes, the NCAA has relied on considerable feedback and commitment from our members, including numerous student athletes, from all three divisions,” added Drake.
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“Throughout our efforts to improve support for college athletes, the NCAA has relied on considerable feedback and commitment from our members, including numerous student athletes, from all three divisions,” added Drake, according to the official website. of the NCAA. “Allowing third party promotions and endorsements is unknown territory.”
The board’s recommendations will now move to the rulemaking structure in each of the three NCAA divisions for further consideration. Divisions are expected to adopt new name, image and representation rules by January beginning in the 2021-22 academic year.
The NCAA on its page stresses that any changes adopted by the divisions (I, II, III) must be in accordance with the following principles and guidelines:
1. Ensure that student athletes are treated similarly to non-athlete students unless there is a compelling reason to differentiate.
2. Maintain educational priorities and college experience to provide opportunities for student athlete success.
3. Ensure that the rules are transparent, focused and enforceable, and that they facilitate fair and balanced competition.
4. Clarifying the distinction between college and career opportunities.
5. Make it clear that compensation for sports performance is inadmissible.
6. Reaffirming that student athletes are first students and not employees of the university.
7. Improvement of the principles of diversity, inclusion and gender equity.
8. Protect the recruiting environment and prohibit incentives to select, stay, or transfer to a specific institution.
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“Maintaining the distinction between college athletes and professional athletes,” is one of the requirements raised by the NCAA.
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“The NCAA’s work to modernize the name, image, and representation continues, and we plan to make these major changes to the original timeline by January 2021,” Smith said. “Today’s board decision provides more guidance to each division as they create and adopt the appropriate rule changes.”
The board also discussed possible challenges in modernizing rules raised by external legal and legislative factors that could significantly undermine the NCAA’s ability to take meaningful action. As a result, it will engage Congress to take action that includes the following:
1. Guarantee federal preference over state name, image and representation laws.
2. Establish a “safe harbor” for the Association to provide protection against lawsuits presented by name, image and representation rules.
3. Safeguard the non-employee status of student athletes.
4. Maintain the distinction between college athletes and professional athletes.
5. Defend NCAA values, including diversity, inclusion, and gender equity.
Recommendations for federal involvement were provided by the Congressional Presidential Subcommittee on Action, which was formed as part of the Federal and State Legislation Task Force to provide information on possible assistance the NCAA should seek from Congress.
“Evolving the legal and legislative landscape around these issues could not only undermine college sports as part of higher education, but would also significantly limit the NCAA’s ability to meet the needs of college athletes in the future,” Drake said, as published by the NCAA page. “We must continue to collaborate with Congress to ensure the appropriate legal and legislative framework to modernize our rules around name, image, and representation. We will do it in a way that underscores the Association’s mission to oversee and protect college sport and college athletes nationwide. ”
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