By Miles Prusek
On June 30, 2021, the NCAA passed an interim name, image, likeness policy (NIL) that would allow NCAA players to make money while in college. This policy was deemed a turning point in college sports, and there was speculation on all the effects it would have on college athletics. Now, nearly two years later, what is the effect that NIL has had on the landscape of college athletics?
When the policy was adopted, it was designed to allow college athletes to be paid by businesses to promote products, make paid social media posts for business and brands, and make an income through business ventures. The intention was to allow players to make money through business, but it was not made to allow players to be paid by schools to play there. NIL deals are not supposed to have any performance-based incentives, and recruits are not supposed to sign any deals solely for going to a certain school.
These guidelines have given athletes a new opportunity to make money, but NIL has also greatly changed the way that college sports and recruiting are done. Recruits now have to consider not only which school is best for them, but also what is the best financial option for them and their families.
Since the creation of NIL, many stories have surfaced of recruits potentially signing lucrative deals as part of commitments to big-name schools. This was not the intention of the NIL policy, but are people breaking the rules? And if not, how are players receiving this money?
One example of a controversial NIL situation was four-star quarterback recruit Jaden Rashada from Pittsburg High School in Pittsburgh, California. Rashada is a highly sought-after quarterback in the class of 2023 who was originally committed to the University of Miami, before flipping his commitment to the University of Florida. It was reported Rashada would receive a large NIL deal worth up to 13.85 million dollars as part of his commitment to Florida. This seemed to be a life-changing opportunity for the quarterback, but he requested a release from his national letter of intent due to the NIL deal falling through.
Rashada’s situation raised questions on where the money that was being promised was coming from, how binding are the agreements that players are making, and is this what the NCAA intended when they made the original policy?
In Rashada’s situation, the money was supposed to be coming from the Florida Gator Collective. Collectives, as defined by Global Sports Matters, are “[groups that] negotiate agreements with athletes to pay them a monthly amount in exchange, officially, for the use of the athlete’s name, image, or likeness in such ways as social media advertising, an appearance in a commercial, an autograph signing, or, in the case of collectives that have taken nonprofit status for tax purposes, an appearance at a charitable event.” These groups are run by boosters, fans, alumni, and people who want to be involved in a college program they are passionate about. They put money into these collectives and facilitate NIL deals, with the hope that high school prospects will pick their school to compete at the NCAA level.
Because these collectives cannot make deals with student athletes that are directly related to the player’s commitment to the school, they must use language that does not explicitly state their motive to have the player commit. Because Florida Gator Collective used language that did not explicitly state a motive for Rashada to go to Florida, they technically did not break any regulations. These technicalities with the language of certain NIL deals highlight that the regulations on the deals may need to be adjusted or tightened to avoid illegal or unethical practices.
Alabama head football coach Nick Saban expressed his feelings on NIL and the possible need for new regulations when he told Alabama’s student newspaper The Crimson White that, ”“I don’t dislike NIL. I’m all for players and I want our players to do well… The thing I have expressed is there has to be some uniformity and protocol in how name, image and likeness is implemented. How does this impact competitive balance in college athletics? Is there transparency across the board?” This sense of a need for uniformity is becoming more and more of an issue, and this will be something that the NCAA will need to step up and address in the near future.
NIL deals have changed the face of recruiting by adding a new element to the already hectic recruiting process. It has added a new factor that many high school athletes must consider, and money is now a powerful tool for big universities. This has changed how programs recruit high school athletes, but NIL has also affected other areas of college sports, like the transfer portal. With the new transfer rule, Division I athletes can transfer to a new school without having to redshirt a year. This has caused a spike in the amount of athletes transferring, and there are now nearly 10,000 student athletes in the transfer portal each year. NIL opportunities are now something that athletes also have to consider when looking for a new school.
NIL opportunities have caused some athletes to treat the transfer portal like “free agency,” looking for places where they can get the most money. This has become a problem, since new transfer regulations have removed the redshirt requirement. Combined with NIL opportunities, this has caused athletes to begin looking for new schools where they think they would have better NIL opportunities and better athletic opportunities while they are still at their first university. This can cause some players to only look at big schools with collectives, or universities that could give them the platform to allow them to earn money, instead of looking for a place that is best for their academic, athletic, and futures after college.
While some examples of NIL deals have highlighted the negatives of the policy, there are still many positives. The policy has given student athletes a way to profit from their marketability, and to crack into the industry of college sports that is worth over $1 billion dollars. Schools and athletic programs have been profiting from their players for years, but now NIL allows players to profit as well.
NIL deals have helped athletes make money, but they have also helped highlight athletes that might not have gotten the same recognition as before the NIL policy was passed. One example of this is University of Connecticut women’s basketball star Paige Buekers. Bueckers has established herself as a star on the court for the legendary UConn women’s team, averaging 18 points, 4.5 rebounds, and 5 assists over her first two years, and now she is creating a brand for herself with her many NIL deals. One of Buekers’ endorsements that was possible with the new NIL policy is her multi-year endorsement deal with Gatorade. With that partnership, Bueckers and Gatorade pledged to “work together to drive impact on the women’s game.”
Bueckers’ partnership shows how NIL is allowing athletes to represent themselves and their sport as a part of the deals that they participate in. Athletes can take a brand’s popularity and outreach and combine it with their own influence inside of their specific sport to grow the media and overall coverage that it gets. A star player like Bueckers might not have been able to draw as much attention to herself, her team at UConn, or women’s college basketball in general if she had not been able to participate in NIL deals.
With players now being able to profit while they are in college, student athletes have been able to use their earnings for a variety of things. As reported in The Crimson White, co-founder and CEO of Hometown Heroes Sports Agency Micah Howell highlighted some of these uses by explaining that many athletes are using their NIL money not only for themselves but also to help their families and communities. Howell said, “I work with a lot of athletes where sports were their way out… [N]ow they’ve been able to use sports to not only provide for their families monetarily, but to provide for their education that they might not have gotten otherwise.”
Alabama football player Will Anderson spoke on his new ability to help his family with NIL deals. He said, “It’s been able to help me and my family… I really am doing NIL to help my family a lot. I don’t want my parents to have to be stressed and worried about how they’re going to get to my games, any of that stuff like that.” Anderson’s experience shows how athletes who have created a name for themselves in college athletics now have the ability to give back and help their families.
One example of a player using their NIL earnings to help their community is Tommy White. White is a baseball player who transferred to LSU to play baseball this spring. Last year at NC State, he burst onto the scene by hitting a record-breaking 27 home runs. As a part of his move to play at LSU, White signed a contract with Geaux Enterprises, the equivalent of a collective for LSU, estimated to be worth multiple million dollars. With this contract, Geaux Enterprises helps White get brand deals, and White will partner with those brands to create sponsored social media posts, appear at events for brands, and use or endorse products.
With this NIL deal, White has pledged a portion of his earnings to local charities in Baton Rouge to help at-risk children. This initiative is called “Tiny Tanks,” which comes from his nickname Tommy Tanks. To do this, he has partnered with Empower 225, local non-profit with a goal of helping kids reach a successful future.
This example of White using part of his NIL earnings to support charities shows the opportunity that college athletes have to better their communities. White is using the support that members of the LSU community have given him to help the Baton Rouge community. White, along with many others, have used at least some portion of their NIL money to help others in need.
Another unique NIL situation is Tennessee basketball player Uroš Plavšić. Plavšić is in the United States as an international student on a student visa. Because of this status, he is ineligible to receive NIL money from American businesses. During his time at the University of Tennessee, he built a following on social media, and his play stood out on the court. Because of this, brands wanted to work with him, so he worked out a unique deal. He was able to get help from the Compliance Office of the University of Tennessee and the University of Tennessee Center for Global Engagement and allow himself to make NIL deals where his payment would go straight to charities of his choice. This way he was not receiving the payments, but he is still able to make a difference in his community, as well as help charities that he supports.
These examples of athletes being affected by NIL show how the policy can have positive effects on athletes, their families, and their communities, but they also show the negatives that can come from having millions of dollars being promised to student athletes. The NCAA will likely have to adapt, find flaws, and fix issues with the NIL situation to keep athletes’ well-being and best interests in mind. Balancing college athletics and school is already a stressful and time-consuming job, and adding in deals that take up more time and add large amounts of money into the equation can add even more stress.
Featured image photo credit: Collegiate School, @collegiaterva via Instagram.
Excellent article explaining all the subtleties of a very complex situation.