Ideas on How to Fix NIL
The ever changing college sports landscape has been constantly in flux since July 1st, 2021 when the NCAA approved the Name, Image, and Likeness policy that allowed college athletes to monetize their NIL value. Allowing student-athletes to profit from their own NIL has been a step in the right direction, however we have seen constant problems related to implementing NIL rules and regulations. Clarifying and fixing the laws governing NIL is the best path forward for all of college sports. In light of that, I have a few proposed changes that I believe would begin to fix the current problems NIL is facing at the college level.
1. Clarify The Pay-For-Play Rule: While the NCAA allows athletes to profit from their name, image, and likeness, the NCAA also stated that they “preserve the commitment to avoid pay-for-play and improper inducements tied to choosing to attend a particular school.” The NCAA can’t possibly expect us to believe that allowing student-athletes to profit from their own name, image, and likeness won’t have any conflictions with pay-for-play and improper inducements in order to get a commitment to a university. The NCAA can’t continue to play the middle man, they must clarify the difference between legal NIL recruiting and what they would consider improper pay-for-play.
2. Add A Salary Cap: There are already concerns about big name universities with lots of money to throw around having an unfair advantage. My suggestion to fix this problem is to add a salary cap for each sport in order to maintain a more regulated competition. Perhaps each sport or each conference could have their own salary cap in order to keep competition fair between those different sports and conferences.
3. Structure NIL Deals Like Contracts: Another big problem with NIL deals is how often deals fall apart or athletes transferring schools after accepting an NIL offer. As a result, I propose that NIL offers are structured as yearlong contracts. Therefore, when a student-athlete accepts an NIL offer they are obligated to stay at the school until the year is completed. I would also suggest that each contract have an opt-out clause that details what happens if an athlete wants to transfer schools. - Hunter DeSantis, 3L