Madkour: NCAA leaders refine NIL pitch to Congress

University of Georgia President Jere Morehead has seen a lot of changes in college sports during his more than 35 years on campus, including the last 11 years as president in Athens, Ga. But he doesn’t hesitate when asked about the biggest change he’s seen over the years. “The thought that we would have a thousand students within 24 hours transferring to another institution, all under the pressure of what they could earn through NIL, is not something I could have ever imagined 10 years ago,” Morehead told me during a one-on-one at the Intercollegiate Athletics Forum in December.

The issue hits close to home for Morehead, who was part of a working group addressing NIL in 2020, which included Ohio State Athletic Director Gene Smith and Big East Conference Commissioner Val Ackerman . “We were talking about how you reward a student athlete because you’re selling their jersey in the bookstore or online,” he recalled. “We have moved way away from those initial concepts of NIL.” As the chair of the NCAA Division I board of directors, Morehead is part of an influential group hoping to find a national framework around NIL but has the unenviable task of going to Congress for help. “I’m not sure we can solve it at the NCAA level,” he said. “Congress is going to have to be involved in that discussion.” 

While the NCAA, university presidents and conference commissioners seek congressional help, many question if these issues should take time and attention away from more prominent concerns facing legislators. Some people in fact almost resent the NCAA appealing for help to fix a problem they failed to anticipate. Yes, politicians care deeply about their state institutions and their voters care about college sports, but so far, there’s been little progress in establishing a national set of standards. Baylor President Linda Livingstone, who is chair of the NCAA board of governors and played basketball at Oklahoma State, believes the recent reform measures introduced by NCAA President Charlie Baker will show that college leaders are ready to make the difficult change, which will spur action on the Hill. “If we’re not proactive about making change ourselves, it will be more difficult to get others to come along with us,” she said. “Those on Capitol Hill are asking us, ‘What are you doing to support your student athletes academically? What are you doing to support them from a mental and physical health perspective, and what are you going to do to help them financially?’”

Morehead agreed, adding, “We all have to collectively offer a solution that Congress thinks is reasonable, that is going to provide the benefits that are needed for our student athletes but protects the integrity of college athletics.”

Both want to guard against student athletes becoming employees. “That’s going to create a whole series of new problems that we haven’t even contemplated yet,” Morehead believes. Livingstone is seeking special non-employee status for athletes. “If Congress sees us saying, ‘We want to benefit student athletes more financially, and believe that keeping them from being employees helps us support them in different ways and better ways,’ then you get some protection,” she said.

There is a sense from college leaders that the frequent visits and lobbying on Capitol Hill are paying dividends. “If you don’t live in this world every day, it’s a lot to get your arms around and to understand,” Livingstone said. “The more we’re there, the more we educate them, the more they understand what we’re doing and what the needs are. I would say we’re cautiously optimistic.” Morehead wants to see more impactful storytelling on the Hill. “I don’t think we’ve told the story as well as we could have about the dangers that face college athletics. That’s now happening, and I’m somewhat encouraged,” he added. He also stressed solidarity — especially among the two most influential conferences. “The Big Ten commissioner and the SEC commissioner are going to have to be on the same page to get something passed,” he said.

Sources tell me there is some movement around a bill introduced by Rep. Gus Bilirakis (R-Fla.), which was scheduled to have a hearing last week. This measure could get to the House floor and put pressure on the Senate, but even the most optimistic see the timing of this in the second half of the year. Interestingly, the Bilirakis bill does contain a non-employment affirmation.

In assessing the end goal, Morehead circles back to a simple point of view. “What’s in the best interest of student athletes?” he asked. “It would be to create a reasonable NIL model that’s very transparent, that is fair for both men and women’s sports, that is under close oversight so that we make sure the rules are followed and that student athletes aren’t being tampered with to enter the transfer portal, as many fear is going on today.”

The NCAA tried, but failed, to be on the offensive on NIL. It’s now forced to turn to an unproductive Congress in an election year. That normally wouldn’t lead to optimism, but this story still has time to play out with unpredictable legislators.

Abraham Madkour can be reached at amadkour@sportsbusinessjournal.com.