The NAIA and NIL

I don’t know if you saw this announcement from earlier in the week:

The National Association of Intercollegiate Athletics (NAIA) passed the first legislation of its kind in college sports to allow its student-athletes the opportunity to be compensated for use of their Name, Image and Likeness (NIL). The legislation approved today by NAIA membership follows a year-long discussion on the topic and extends previous legislation relaxing NAIA rules related to amateurism and NIL.

The legislation, which is an amendment to existing language under the NAIA Amateur Code, allows a student-athlete to receive compensation for promoting any commercial product, enterprise, or for any public or media appearance. Additionally, it is now permissible for a student-athlete to reference their intercollegiate athletic participation in such promotions or appearances.

“This is a landmark day for the NAIA, and we are happy to lead the way in providing additional opportunities for our student-athletes,” said NAIA President and CEO Jim Carr. “The time was right for the NAIA to ensure our student-athletes can use their name, image and likeness in the same ways as all other college students.”

What’s driving the decision?  This.

Where is this all coming from?

The Fair Pay to Play Act was passed into California law on Sept. 30, 2019 and will allow student-athletes at California colleges to promote products and earn money from endorsement deals (and can hire agents to help them do so) beginning in 2023. Under the law, schools, conferences and athletic associations (like the NAIA) are forced to allow students in California to take advantage of these opportunities.

Why is this a big deal?

California’s Fair Pay to Play Act supersedes NCAA and NAIA rules that a student-athlete can’t receive endorsement deals or accept payment for the use of NIL. Therefore, while a student-athlete will be able to legally earn money related to his/her athletic ability, it still currently violates NCAA and NAIA bylaws. The NAIA’s stance is to find common ground so that our California institutions can remain members of our association.While California is the only state to pass an NIL bill into law so far, similar legislation is being considered in at least 20 other states. There is also some discussion at the federal level.

Apparently, and unlike the NCAA, the NAIA can walk and chew gum at the same time.  Not to mention read the writing on the wall.

Screenshot_2020-10-08 NAIA

The most amusing aspect of this decision is that now, in addition to everything else, the NCAA is going to have to come up with a rationale to explain why it can’t follow the same course of action the NAIA has adopted.  I’m sure Mark Emmert is ready to dazzle Congress with his logic.

30 Comments

Filed under Political Wankery, The NCAA

30 responses to “The NAIA and NIL

  1. classiccitycanine

    Bout damn time for leaders to make this sort of common sense decision.

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  2. Derek

    Welp, we can’t say they don’t have any options now can we?

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    • If that makes you happy, soon they’re going to have even more.

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      • Derek

        If it does, we’ll see how long it lasts before congress gets handed a shit show so bad they’ll have the political cover to involve themselves in it.

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        • CB

          Yeah, it’d be a real shame if it became a shit show like college basketball. Good thing it definitely isn’t one already.

          Now you’ll be even more limited if your beloved D-III Berry plays NAIA Reinhardt your virgin eyes wont be able to watch non amateur brutes.

          Liked by 1 person

          • Derek

            You just want all college athletes to have sufficient funds to buy and sell children for sexual purposes.

            You call it your Jeffery Epstein Education Plan.

            Did you ever consider that my motives are actually what I’ve said they are rather than those you invent in your head?

            Once you go to mind reading things can get weird fast.

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            • CB

              Lol so dramatic. I don’t think you have motives. I just think your perspective on this subject is so poorly thought out you’d rather distract with hyperbole than defend it.

              Liked by 1 person

              • Derek

                Ive defended it too many times to count.

                I think alabama and auburn will exploit the rules and literally buy teenagers and their families.

                I find exchanging cash for children unseemly.

                No one can say how the rules will prevent this.

                Doesn’t mean I want the kids to starve. I have no problem with a large stipend that applies equally to every scholly athlete.

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                • CB

                  At least your on brand with your democratic socialism. I’d be more worried about actual child sex slavery perpetuated by dems as opposed to 6’5 300 lb, 18 year old “children” (and their child parents)? Next I want to hear you make the case than any teenager with a job is a child slave.

                  Liked by 1 person

                • CB

                  you’re* on brand

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                • Derek

                  My logic does have the unique character of consistency.

                  Thanks for noticing.

                  Inasmuch as you think that going to college is an employee/employer thing and I don’t, I think that disagreement among us probably has less to do with ideology and more to do with common gd sense.

                  Same applies to the idea that somehow college athletes are full time workers and we just pretend school has something to do with it and thats ok.

                  I think school IS the most important thing here. Not profit. Not the pros.

                  They need to turn their talents into knowledge they can use in the free market that you mistakenly don’t think I favor, recognize or support.

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                • CB

                  “I think school IS the most important thing here. Not profit. Not the pros”

                  Problem with that is over here in reality the people involved don’t care about school for the most part. They just pretend to. That’s students, coaches and administration. That’s obvious right? Everyone knows that. Should go without saying. And they never will regardless of whether or not players are compensated.

                  Sorry, if you’re for a market cap you’re not for the free market.

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                • Grafton

                  What will be completely unfortunate as a result of free market amateur athletes is I think the top heaviness we see in college football now will be even more exaggerated. It could very well end up looking a lot like society today. A handful have everything and most have nothing. Knowing this is probably why the NFL introduced the salary cap in 94.

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  3. “The time was right for the NAIA to ensure our student-athletes can use their name, image and likeness in the same ways as all other college students.”

    That sentence summarizes the whole thing for me. What makes a student-athlete on an athletic scholarship any different from the student on a Foundation Fellow scholarship?

    Liked by 2 people

    • 79dawg

      Well, where they spend 90% of their time – the classroom or practice – for starters….

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      • My point is that both of them get a full ride scholarship plus a stipend. Why should a Foundation Fellow be able to earn money outside their academic responsibilities and a student-athlete can’t? This becomes even a bigger deal when you get outside of football and basketball where the athletes aren’t on full scholarship.

        Liked by 2 people

        • 79dawg

          Because that’s “part of the deal” – Foundation Fellows don’t get 6-year, $70MM contracts when they graduate – they get jobs as working stiffs like you and me…
          The athletes knows what “the deal” is when they sign their LOI – don’t get paid during college, but perform well, at a high level, for 3 or 4 years, and you can get a big contract after that. Eyes are wide open, those have been the rules for many years, no one can claim they were deceived or defrauded.
          The schools are giving the top-end kids an opportunity they would not otherwise have to “create their brand” and cash in on the future by performing well and going pro. And that opportunity, which the colleges have created the infrastructure for over many years, has some value. (We can also have a discussion about whether intercollegiate athletics is the best place to provide that opportunity).
          The issue is much more complex than “its unfair because the schools are making money in the present and the athletes aren’t.”

          Liked by 1 person

          • Other than the fact that the solution I propose (the Olympic model – the ability to trade on your name, image & likeness – or the ability to get a job to earn some money) is exactly what every other student on the campus has and it doesn’t cost the university one dime. Why can’t a football player start a business assembling computers in his dorm room at the University of Texas just like Michael Dell did? That would be an NCAA violation. No one who believes in NLI reform believes the full COA scholarship isn’t some form of compensation. Whether it’s enough is a different story because the NCAA and its members have formed a price-fixing cartel for its labor.

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            • “The issue is much more complex than ‘it’s unfair because the schools are making money in the present and the athletes aren’t.'”

              That’s not my point of view. My point of view as supported by the court system is that the NCAA’s amateurism protocol is an illegal restraint of trade. That’s why the NCAA wants a federal solution to this problem that has an antitrust exemption to go along with it. They don’t care about the state bills other than the headache it causes. They know the only place they can get relief from Jeffrey Kessler is in the Congress.

              The NCAA (especially the Power 5) could have come up with a solution that would make sense. The leadership (both the schools and NCCAA executives) elected to fight every effort at self-reform. Now they’re screwed because the NCAA is looked on about as favorably as politicians, used car salesmen, and the media (sorry, for insulting used car salesmen like that).

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  4. I imagine it will look like this.

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  5. CB

    I’ve got some experiences with NAIA athletics. I gotta say I’m skeptical there will be much of a market for athlete endorsement from that level.

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  6. Dylan Dreyer's Booty

    Looking at the map graphic. I am surprised at states that haven’t even started the process. Ohio, Tennessee, Mississippi, Arkansas, Kansas: these are states that think of themselves as college football powers. OSU is going to have some trouble recruiting if they don’t get something going.

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    • CB

      Much like the mad dash to reinstate the 2020 college football season, if player compensation becomes reality in SEC/ACC country, the B1G won’t be far behind with emergency legislation.

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