Winds of change could give NCAA a facelift

The NCAA operated for almost 75 years before making the historic 1981 decision to begin offering championship opportunities for women's sports. Now it can be said that the organization has operated for almost 115 years before allowing a student-athlete to receive even a penny for signing an autograph or endorsing a brand of yogurt on their TikTok account. Actually, NCAA bylaws will not change before numerous U.S. state laws are enacted to permit athletes to profit from their name, image, or likeness (NIL). A handful of major athletic powerhouse universities and the NCAA have profited well from the labor of student athletes to the tune of an industry valued at approximately $14 billion annually. The NCAA headquarters in Indianapolis have grown to employ a staff of almost 500, who are there to govern and support about 1,100 institutions with athletic programs. The public also sees the job of President Mark Emmert and his staff as one seeking to maximize and grow revenues for the non-profit organization. Finally, there appears to be some relief in sight for the little guys. Those little guys are the oppressed players who have been denied a true "seat at the table" of the NCAA, which is a mammoth cartel organization claiming to act in the "best interest" of student-athletes while operating as a corporate entity well-versed in the business of capitalism. The only sport topic that may be hotter than the NIL issue this summer is the barrage of states proposing and passing policies related to transgender participation (Florida just became the eighth state to require scholastic and collegiate athletes to compete on teams according to their biological gender classification). For both issues – transgender sport participation and NIL rules – groundbreaking individual state legislative bills are challenging the rhetoric of historical precedence maintained in the bylaws of the national governing bodies for collegiate sport. There are signs that members of the NCAA Board of Governors are warming up to the idea of financial compensation for student-athletes, especially in permitting players to profit from their NIL, however, the organization remains cautious in entertaining any internal bylaw changes due to pending federal congressional legislation. Some half-dozen federal-level NIL bills have been proposed in recent months and even more state laws have been passed on the issue. New Mexico and four additional states with teams competing in the Southeastern Conference (Alabama, Florida, Georgia, and Mississippi) are using July 1 as the date student-athletes are permitted to hire an agent and receive compensation for activities aligning with their NIL – without being penalized by their respective university. As of June 1, a total of 17 states have passed NIL laws, two states are waiting on a signature from their governor, and at least 18 states have introduced a bill. Similar to the vast differences from state to state for legalized sport wagering, so too is the variation in NIL rules governing student athletes and institutions in each particular state. For example, in Georgia, in-state schools can require student-athletes to share up to 75 percent of their compensation with their respective university. The money would be placed into an escrow account (controlled by the athletic department) which would become available only after the student-athlete departs or graduates from the university. In Alabama, student-athletes cannot wear any logo apparel while in their college uniform. The only common features among the state bills are the right for the student-athlete to obtain professional representation and the absence of a cap on NIL compensation. Most NIL state laws prohibit association with a conflicting sponsor (e.g., a student-athlete would not be permitted to sign a deal with Adidas if the athletic department is sponsored by Nike). Most bills also prohibit student-athletes from entering into agreements with casinos (or any gambling organization) and businesses associated with tobacco, alcohol, or marijuana products. In the interim, the NCAA landscape is also changing in regards to attracting top post-high school basketball talent. The time has arrived that a young man fresh out of high school can enter into an agreement with one of several professional minor-league basketball leagues in lieu of playing college ball. With the standard salary starting at $35,000 and escalating upward to $500,000, the NBA's minor G-league system has already lured away elite prospects from the NCAA amateur show. Two more semi-professional minor leagues are in position to compete for young talent and offer a paid option for players who aspire to major in a future NBA contract. Overtime Elite is a start-up league paying minimum salaries of $100,000 with year-round training facilities and a tagline promising "The Next Generation of Athlete Empowerment." The second is the Professional Collegiate League (PCL) with eight inaugural teams and a tagline suggesting "College Sports Reimagined." PCL salaries range from $50-$150,000 and include education need-based benefits (up to a five-year scholarship) as well as group licensing deals. Both the Overtime Elite and PCL have yet to start play, but the wheels are in motion to rock the college recruiting world. NCAA football and basketball have long been the pseudo farm-systems for the NBA and NFL which are void of true professional minor league teams. The NHL and MLB, on the other hand, have well-established developmental, professional minor league systems available to post-high school phenomss. If Overtime Elite or the PCL thrives along with the G-League, the NBA draft will surely evolve from a pool dominated by amateur student-athletes (and a handful of pros from international leagues) to a much more diversified stream of talent from domestic leagues across America. The competitive marketplace for top "young" basketball talent is another indication college reform is necessary. Organizations need to stay flexible and adapt to macro-environmental conditions if they are to survive or thrive. The NCAA isn't going anywhere, and certainly the organization wants to protect its cash cow multi-billion-dollar March Madness tournament, but there is an influx of competitive forces knocking on the door demanding better conditions for the student-athletes. Whether the issues are permitting an athlete to profit from their N-I-L, ensuring Title IX compliance, better healthcare benefits, guaranteed scholarships, greater support for mental health, or protection from coach or administrator abuse, the NCAA leadership must listen to their membership and seek viable solutions to maintain the perception that their very existence is to serve as the model of good governance for collegiate sports in America. Yes NCAA -- it's time for a facelift. Stay tuned for more interesting perspectives on sport around the world, across the United States, throughout Ohio, and right here in the Tiffin community. Bonnie Tiell is a professor of sport management at Tiffin University.