#MSBLFriday411 A new era in college athletic$...

On Wednesday, April 29th, college athletics, as we know, changed.

In case you missed it, on Wednesday, the “NCAA Board of Governors Federal and State Legislation Working Group” released their recommended guidelines for student-athletes to be compensated for their name, image and likeness (NIL) to a mixed reception.

The set of recommendations now moves on to be debated by the three NCAA Divisions' governance bodies. However, there are significant questions around enforcement mechanisms, how deals will be evaluated, and what other "guardrails" (according to NCAA President Mark Emmert) will need to be implemented. Yet, keep in mind that the state of Florida will be the first with legislation around athlete compensation going into effect (once signed) on July 1st, 2021, with at least 20 other states considering similar legislation as well…so the clock is counting down with 426 days left to action forced on the NCAA.

Some in the athletics, like working group co-chair and Big East Commissioner Val Ackerman, felt it was a step in the right direction. In contrast, others like new Ole Miss Head Football Coach Lane Kiffin said it was “…opening up a can of worms.” While some of the supporters of Florida’s new legislation felt the NCAA isn’t going far enough with the recommendations.

Overall, I find myself riding the fence in this argument (call me indecisive – but honest) agreeing with Commissioner Ackerman that some modernization of the NCAA system needs to take place given how society and sports have changed. You only have to look at the impact social media has had in the last ten years, and even more so to the sport landscape, to see proof of that. However, I do agree with Coach Kiffin that I don’t think we fully understand what the contents of the Pandora’s box we just opened are. I'm not sure we will for the foreseeable future either…

The contents of that box so far, in my view, are:

1) What will the trickle-down effect be? The media narrative that the NIL issue will only affect Power-5 schools couldn't be further from the truth. There are around 179,000+ athletes who compete in NCAA Division I while over 300,000+ in NCAA Division II and III, and not to mention the thousands of athletes who will be impacted outside of the NCAA.

For example, the NAIA is currently working on similar regulations and proposing far less restrictive guidelines than what has been outlined in the NCAA's proposal. Will that change the dynamic between the two organizations?

What about 2-year college athletics that isn't governed by one national association, but by 3…will one or more or none of the associations adopt NIL legislation? How is this for a possible compliance nightmare: A student-athlete who transfers from an NCAA institution (which allows NIL compensation) to an NWAC institution that does not, with the ultimate goal of heading to an NAIA institution.

What about how will this alter the relationship between the three NCAA divisions themselves, especially as athletes are increasingly focusing more and more on waiting on the “D1 offer?”

2) What are the Title IX implications? As someone who had the "pleasure" of filling out the "Equity in Athletics Disclosure Act" report, it begs the question about what are the legal and equity implications of the star quarterback for the Pac-12 football team making $10,000+ in sponsorship deals versus the star defensive specialist for the nationally known Volleyball team only bringing in $500+? Should this be factored into some of the "guardrails" Emmert spoke about? Will this affect media coverage of college athletics?

3) What will happen if the NCAA DOES NOT get legislation approved? In the ultimate doomsday scenario, we're seeing multiple states pass their specific law regarding athlete compensation, essentially creating a state-by-state compliance issue. How will the NCAA handle this as the issue of equity would quickly become apparent? Will the NCAA be successful at lobbying Congress to pass federal legislation addressing this issue or strengthening the NCAA's hand in the discussion? Federal law (NCAA vs. Board of Regents – June 27th, 1984) already calls into question the ability of the NCAA's disciplinary power in this arena.

From a public relations perspective, these recommendations coming out during a pandemic which resulted in the sports world being put on pause has added even more fuel to the "NIL" fire. We're seeing multiple major college Athletic Departments cutting staff, furloughing staff, and being very open about the need for a football season to provide the necessary revenue to operate their department, clearly showing the importance that these media rights deals and athletes themselves play in the operation of the department.

BUT now all we can do is wait and see what's next in this discussion that's been around since EA Sports discontinued my favorite video game (NCAA College Football) in 2013. We HAVE entered a new reality in college athletics with these recommendations, but how that reality will be shaped is still FAR from concrete, and it will be exciting to watch.