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Congressional Bills Introduced Related to NCAA Student-Athletes

Two bills were introduced in Congress in December which overlap or intersect with each other.

Name, Image & Likeness Bill

The first bill was introduced in the Senate Commerce Committee and would permit college athletes to receive compensation for their name, image, and likeness (as would many bills introduced by various states this past year).

This particular bill was requested by the NCAA for help on a Federal level in dealing with the numerous bills introduced by various states. It would also provide oversight for the process of athletes receiving such compensation from companies and organizations via the Federal Trade Commission.

The College Athletes Bill of Rights

The College Athletes Bill of Rights, on the other hand, is a competing bill that is much more favorable to the college athletes than it is to the NCAA.

Here are some key provisions of this Bill:

  • It would require universities to share 50% of the profit from revenue-generating sports with the athletes in those sports (after deducting the value of scholarships already provided).
  • It would create “enforceable” health and safety standards developed by the CDC and the Dept. of Health and Human Services. Hefty fines would be imposed on universities not meeting those standards.
  • Establish a medical trust fund for athletes available for five years after leaving college.
  • Guarantee scholarships for athletes to complete their undergrad degree.
  • Remove penalties for not honoring a National Letter of Intent agreement to attend the university signed with for at least one full academic year.
  • Remove restrictions on athletes transferring between four-year colleges.
  • Permit athletes who enter a professional draft to declare a return to college within seven days of the draft.

We’ll continue to keep you updated on these developments in our upcoming newsletters. In the meantime, you can always contact us with questions about these or any other issues by writing to rick@informedathlete.com or by calling 913-766-1235.

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NCAA Tabled Votes on New Transfer and Name, Image & Likeness Rules

We’ve recently written to inform you about the new Transfer Rule being proposed by NCAA Division I, as well as the Name, Image, and Likeness proposals in all three NCAA divisions.

https://informedathlete.com/proposed-new-ncaa-di-transfer-rule/

https://informedathlete.com/ncaa-name-image-and-likeness-legislation-update-overview/

These proposals were originally going to be voted on at the annual NCAA Convention.

However, NCAA President Mark Emmert urged the governing bodies of Division I, II, and III to postpone the votes on these proposals.

There are various factors that have contributed to this delay including:

  • A lawsuit advancing to the US Supreme Court regarding whether the NCAA can limit the benefits that college athletes can receive which are related specifically to their education.
  • Increasing concerns are being shared by university and conference administrators regarding the proposal that a third-party administrator will manage student-athlete information about the “deals” (and compensation) the student-athletes might receive regarding name, image, and likeness.To imagine how a third-party administrator for NIL might work, any of you who have interacted with the NCAA Eligibility Center can think about a similar organization to manage Name, Image, and Likeness information for all NCAA student-athletes and ask yourself whether you think that would be efficient for your athlete.
  • Another reason for the postponement of these votes is the introduction in mid-December of two different bills in Congress that impact NCAA student-athletes. In the following segment of this newsletter, I’ll provide a bit of info about those bills.

Do You Have Questions?

If your athlete is considering a transfer and you would like to review and discuss the Transfer rules, you can schedule a confidential Transfer Consult online. You can also send an email to rick@informedathlete.com or call us at 913-766-1235.

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NCAA Name, Image and Likeness Legislation Update & Overview

Most of you are probably aware that in response to legislation being proposed in many states across the country, the NCAA has proposed their own set of rules regarding opportunities for athletes to be compensated for the use of their name, image, or likeness.

These proposals will be voted on at the upcoming NCAA Convention in January, and if approved, will take effect August 1, 2021.

The proposals differ between Division I, Division II and Division III, so we won’t describe the various proposals in great detail. However here is an overview of the proposed legislation for Division I student-athletes since those athletes receive the most media exposure and will be more likely to benefit from such opportunities.

Employment

Current or prospective student-athletes will be able to establish their own business and will be able to actively promote their own business.

Current student-athletes will be able to promote and offer fee-for-lesson instruction, or conduct their own camp or clinic. If they use their university facilities to provide instruction, they will need to rent the facilities in the same manner as the general public.

Autographs, Memorabilia, Crowdfunding

Current or prospective student-athletes will be able to receive compensation for their autograph.

Current student-athletes will not be able to sell items provided by their university until they are no longer eligible for collegiate competition.

Current and prospective student-athletes will be allowed to crowdfund for limited educational expenses or for charity.

Non-institutional Promotions

Current or prospective student-athletes will be able to receive compensation for promoting a commercial product or service. Universities will not be allowed to assist in arranging such opportunities.

Certain categories of products and services will be prohibited (such as promoting tobacco products or gambling).

A university will be allowed to prohibit current student-athletes from promoting certain products or services that conflict with university sponsorship arrangements. For example, a university that has a shoe contract with Nike will be allowed to prohibit their student-athletes from promoting Adidas or Under Armour.

Agents or Professional Service Providers

The term “agent” will be defined as an individual who is marketing an athlete to be drafted by a professional team or signed to a professional athlete contract.

Individuals or services who market athletes for their name, image, or likeness opportunities (separate from being a professional athlete) will be referred to as “Professional Service Providers” (PSP).

A PSP may not also act as an “Agent” for professional athletic participation.

A student-athlete using a PSP must pay the same fees as the industry standard and can’t receive a discount because of their athletic ability. A university employee or an independent contractor aligned with a university can’t act as a PSP.

A university can’t choose or recommend PSP’s for their student-athletes.

Disclosure to a Third-Party Administrator

The NCAA will establish an independent third-party administrator to manage name, image, and likeness information.

Current and prospective student-athletes will be required to disclose to the NCAA’s third-party administrator any types of promotional activities they are part of. This will include providing contact information and compensation arrangements for such activities.

Remember that these new rules won’t take effect until August, 2021. Contact us at 913-766-1235 or send an email to rick@informedathlete.com if you have any questions.

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Proposed New NCAA DI Transfer Rule

Representatives from the NCAA Division I membership will be voting on proposed “Uniform Transfer Legislation” at the January NCAA Convention.

If approved, this legislation will permit all Division I student-athletes – even scholarship athletes in basketball and football – the opportunity to transfer one time to a new school with the chance to be eligible and not have to sit out from competition in their first year at the new university.

Here are some key points to note about this proposed legislation:

  • Student-athletes transferring to an NCAA Division I program for the 2021-22 academic year will be able to benefit from this rule change.
  • This will be a one-time opportunity that can be used at any point during a student-athlete’s eligibility. It can be used as an undergrad or as a grad transfer, but not both.
  • Student-athletes must be eligible at the time of their transfer.
  • Athletes will not be permitted to compete for two different programs in the same school year.
  • Coaches and athletic departments will not be able to object to the athlete’s transfer.
  • Student-athletes and their new head coach will be required to affirm that recruiting didn’t occur until after the athlete’s name appeared in the NCAA Transfer Portal.
  • Under this proposal, student-athletes will have a deadline to enter the Transfer Portal in order to take advantage of this new rule – May 1 for Fall and Winter sports and July 1 for Spring sports.
  • There will likely be exceptions to those deadlines granted for student-athletes in situations when there is a head coaching change or when an athlete is informed of a scholarship reduction or non-renewal.

Potential pitfalls and concerns

  • With a proposed deadline of May 1st for Fall sport athletes in a year when most Fall sports have been shifted to the Spring, student-athletes who are considering a transfer may need to enter the Transfer Portal before their season concludes (unless an exception is granted for this particular situation).
  • The dates noted above could also have a very significant impact for student-athletes who may want to transfer at midyear. An athlete who might be thinking next Fall about a midyear transfer would not be able to use this new rule unless they had already entered the Transfer Portal before May 1 or July 1 (depending upon their sport).

This means that midyear transfers won’t be eligible in their first year at their new school unless the rule is revised or if another exception is established.

  • Also, it’s unclear at this time whether conferences will still impose restrictions or penalties on athletes who transfer from one school to another within the same conference.

If your athlete is considering a transfer and you would like to review and discuss the Transfer rules, purchase and schedule a confidential Transfer Consult online or by calling our office at 913-766-1235.

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Potential Impact of NCAA DI Coaching Change on Scholarship Athletes

A head coaching change (due to retirement, job change, or firing) doesn’t change anything about the steps required for a student-athlete to navigate a transfer or about whether they can be immediately eligible at their next college if they choose to transfer.

However, a coaching change in Division I CAN potentially have an impact on an athlete’s scholarship, or perhaps more accurately, on a scholarship athlete’s opportunity to continue as a member of their team at the university that has the coaching change.

That’s because a new head coach being hired at an NCAA Division I university can tell an athlete “You won’t be a member of this team next season. You can continue on scholarship here at the university until you graduate, but you won’t be a part of this team.”

The NCAA rationale for this rule is that an athlete should have the right to complete their degree at their current university while continuing on scholarship even if the new coaching staff tries to “run off” the athlete.

The best example may be a football player who chose their university because the former coaches featured a pass-oriented offense, but the new coaching staff prefers a run-oriented approach.

The downside of this rule is that an athlete in this situation will, in most cases, never be able to continue on the team at their current university.

That’s because the benefit to the new coaching staff is that they get to “reclaim” that scholarship to go recruit a new player while allowing the current player to continue on scholarship at the university until they complete their degree – as long as that current player never participates in football again for their current university.

If you’d like to have a confidential detailed discussion about the Division I scholarship rules when a coaching change occurs, schedule a scholarship strategies consult online or call 913-766-1235 or email rick@informedathlete.com.

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Recent NCAA & NJCAA Rulings That Impact Student-Athletes’ Eligibility

The NCAA has made several rulings recently that will impact student-athletes’ eligibility at Division I, II, and III.  In addition, the NJCAA has recently granted a blanket waiver for student-athletes in all sports.  These rulings are summarized below in this post.

NCAA Division I Midyear Enrollee Ruling

“Emergency legislation” which impacts midyear enrollees at a Division I program specifically for Fall sport athletes has been adopted by the NCAA Division I Council.

This ruling applies to both transfer athletes as well as initial enrollees from high school or prep school.

This recent decision revises a position taken earlier this Fall by Division I which would have prevented athletes in a traditional Fall sport from transferring at midyear and then being immediately eligible in the Spring at another university.

  • This will now be possible for Fall Sports athletes who satisfy certain conditions.
  • Student-athletes who are considering such a transfer (or midyear enrollment from high school) must satisfy specific conditions in order to take advantage of this ruling.

NCAA Division II Winter Sport Athletes Receive Expanded Eligibility Waiver

Recently, the NCAA Division II Management Council granted winter sport student-athletes an additional season of competition and an additional year (two semesters or three quarters) added to their eligibility clock.

All eligible winter sport athletes in Division II will receive this additional opportunity regardless of the number of games they appear in or the number of games that their team is able to play during this 2020-21 academic year. This is consistent with action taken previously for Division II Fall sport athletes.

NCAA Division III Grants Waiver for ALL current Student-Athletes

The NCAA Division III Presidents Council has approved a blanket waiver that will benefit ALL D3 student-athletes this year. They can compete in up to a full season in their sport without being charged with a season of participation or a term of attendance toward their 10-semester or 15-quarter limit.

While the NCAA’s press release did not provide this level of detail, you can be certain that an athlete must be academically eligible to compete this season in order to receive the benefit of this blanket waiver.

NJCAA Grants Waiver for Student-Athletes in ALL Sports

The NJCAA Board of Regents has granted a blanket waiver that will allow athletes at NJCAA member colleges in ALL sports to participate during the 2020-21 academic year without using a year of eligibility.

This decision obviously provides flexibility for current JUCO athletes regarding their opportunity to possibly compete for an additional season at this level before transferring to an NCAA or an NAIA university.

However, it will be important for them to keep in mind that there are specific academic requirements that they must satisfy for a successful transfer to the “next level.”

Do You Have Questions or Need Advice?

If you have questions about these recently rulings or any other eligibility situation, we can help answer your questions and discuss your student-athlete’s specific situation and options.

Schedule a confidential Eligibility Issues consult online, call us at 913-766-1235 or send an email to rick@informedathlete.com.

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Recently Announced NCAA Waivers Will Impact College Rosters at Every Level

It seems that every college athletic organization and division is granting waivers for student-athletes to have an additional year of eligibility, or to have the season treated as if it never happened.

This is coming at the same time that some colleges are dropping sports programs because of the financial impact that the pandemic has had on college athletic budgets.

At some point, these actions will have a major impact on rosters at every level and, in some cases, already have.

Currently, college coaches are focused on coaching this current season and managing rosters that are changing frequently depending on testing outcomes. At this time, a student-athlete’s current eligibility is primary; their future eligibility status may not be a priority.

If you are concerned and would like to discuss how these changes could affect your student-athlete’s eligibility and place on a team roster, we can help sift through the confusion and discuss possible options and scenarios so you can make informed decisions about their current and future situation.

Schedule a confidential eligibility consult online or by calling us at 913-766-1235, or sending an email to rick@informedathlete.com.

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Dropping a Class Can Risk a Student-Athlete’s Eligibility & Scholarship

It seems that more student-athletes than normal have been struggling in one or more classes. I’m sure that one main reason is because courses are being taught almost exclusively online this year.

As a result, your athlete may be thinking about dropping a class before their final exam. Before doing that, there are a number of things that should be considered:

  • Will dropping the class affect current eligibility right now? (If the athlete drops below full-time status, they become immediately ineligible for competition in most cases, and in many cases, also ineligible for practice.)
  • Will dropping the class affect my eligibility next semester? (That depends upon the athlete’s specific situation. The required number of credit hours that an athlete must earn will vary from one college division to another.)
  • If I don’t drop the class, but fail it, how might that impact my eligibility? (If the athlete’s GPA drops too low, it could make them ineligible for next semester.)
  • What other implications have I not thought about? (Will dropping the class or having your GPA drop too low impact your athletic scholarship or other financial aid?)

In a confidential phone, Zoom or Skype session, we will discuss your student-athlete’s specific situation and the impact that dropping a course compared to staying in it but failing the course, could have on their current and future eligibility. Schedule your confidential eligibility consult online, by emailing rick@informedathlete.com or calling 913-766-1235.

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NCAA Grants Eligibility for NCAA DI Winter Sport Athletes

In action taken by the NCAA Division I Council last week, Winter sport student-athletes were granted an additional year of eligibility regardless of the number of games they appear in or the number of games that their team is able to play during this 2020-21 academic year. Athletes must be eligible to compete this season to receive this additional year.

This is consistent with action taken previously for Division I Fall sport athletes, as well as for athletes whose Spring 2020 seasons were cut short.

As a reminder, this blanket waiver is different than the ones provided for student-athletes in Winter sports at NCAA Division II and III colleges and universities.

Winter sport student-athletes at D2 and D3 programs will be granted an additional season of competition as long as their team competes in not more than 50% of the maximum number of competitions that are allowed in a normal year.

  • In addition, D2 and D3 athletes who compete in individual sports such as cross country, golf, or tennis, must also be sure that they don’t compete in more than 50% of the maximum competitions even if their team as a whole did not.

Do you need advice?

If you have specific questions regarding how these NCAA actions will impact your student-athlete and would like to discuss options available, schedule a confidential Eligibility Issues consult online.

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What happens if my NCAA DI school eliminates my sport?

Back in early June, we wrote about the number of college sports programs that were being eliminated across the country. Many of those programs were/are being dropped at least in part due to the financial impact of COVID-19 on colleges and athletic departments nationwide.

Since then, I’ve continued to monitor the number of programs at the NCAA Division I level that are being eliminated.

Adding my unofficial count to the 19 Division I programs that were previously announced, I’m now counting 59 or 60 programs from Division I. (My count isn’t exact, because a few programs have been reinstated.)

The hardest hit programs were tennis, with 13 men’s programs being dropped and 10 women’s programs. Swimming and diving saw 10 programs dropped (6 men’s and 4 women’s) and golf lost 8 programs (5 men’s and 3 women’s).

What does this mean for your athlete?

If they are a high school senior hoping to be recruited to a college program, or are a current college athlete considering a transfer from a two-year or four-year college to the Division I level, it means that there will be even more limited roster spots in certain sports.

This just compounds even more those roster problems for Spring sport athletes who have already been granted an additional year of eligibility due to 2020 spring sport seasons being cancelled.

How we can help

We can assist by answering your questions, hearing your concerns, and discussing options to consider:

  • For a high school senior whose recruiting opportunities have been severely limited during the past 5 or 6 months,
  • For a two-year or four-year college athlete who is facing a crowded roster but is uncertain whether opportunities at other colleges will be any better.

Schedule a confidential Eligibility Issues consult or a confidential Transfer consult online, or contact us directly at 913-766-1235 or via email at rick@informedathlete.com.

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