October 2020: NCAA Division I Name, Image and Likeness Legislative Solutions Group Feedback


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Executive Summary:With respect to the NCAA’s most recent NIL draft legislative proposal, we have several concerns, as outlined below. First, with respect to disclosure of NIL activities, since our initial comment from March 9, 2020, we have advocated that student-athletes should be required to disclose NIL deals to a third party administrator (TPA) so that the TPA could build intelligence in monitoring NIL deals over time, as well as flag NIL deals out of the norm. Second, with respect to merchandise and memorabilia, we recommend a low regulation model given that any complicated regulatory structure would seem punitive to student-athletes, be criticized by the general public, and be difficult to pass when more than 30 states are in the process of passing low regulation models. Third, with respect to autographs, we suggest that the current legislative proposal be written more clearly to mitigate possible confusion with respect to permissible institutional affiliation. Fourth, with regard to conflicts with institutional agreements, any prohibitions on a student-athlete’s right to earn compensation from their NIL will be subject to increased litigation. Therefore, we recommend the removal of any prohibited category of NIL deals. Fifth, over time, the prohibition that student-athletes may not retain professional service providers (e.g., agents) for the purpose of securing professional sports opportunities is overly restrictive and difficult – if not unnecessary – to enforce. Sixth, while the Legislative Solutions Group has stated that the current legislative proposal reflects booster and pre-enrollment regulations, we recommend that a sophisticated registrar within the TPA regulate all booster involvement by performing preliminary background checks and flagging certain deals. More clarity is also needed on specific pre-enrollment parameters such as whether prospective student-athletes can keep their high school contracts while in college and whether institutional marks may be permissible in such agreements.



Tom McMillen
CEO & President; LEAD1 Association

Michael Alford [Co-Chair, LEAD1 NIL Working Group]
Associate Vice President & Director of Athletics; University of Central Michigan

Mike Hill [Co-Chair, LEAD1 NIL Working Group]
Director of Athletics; University of North Carolina at Charlotte

Vince Baldemor [LEAD1 NIL Working Group] Associate AD, External Affairs; University of Hawaii

Rachel Blunt [LEAD1 NIL Working Group]
Senior Associate AD for Institutional Support Services & SWA; University of Central Michigan

Missy Conboy [LEAD1 NIL Working Group]
Senior Deputy AD – Sport Operations & ACC liaison; University of Notre Dame

Steve Cottingham [LEAD1 NIL Working Group] Deputy AD; Colorado State University

Jeremiah Donati [LEAD1 NIL Working Group] Director of Athletics; Texas Christian University

Simon Dover [LEAD1 NIL Working Group]
Senior Associate AD – Business Operations & CFO; West Virginia University

Josh Rebholz [LEAD1 NIL Working Group] Senior Associate AD – External Relations; UCLA

Stephanie Rempe [LEAD1 NIL Working Group] Executive Deputy AD & COO; LSU

Gene Taylor [LEAD1 NIL Working Group] Director of Athletics; Kansas State University

Chad Weiberg [LEAD1 NIL Working Group] Deputy AD; Oklahoma State University