After years of fighting tooth and nail against allowing college athletes to earn any type of meaningful income, the NCAA is calling an audible. The NCAA Board of Governors announced that it will soon allow college athletes to earn a little lunch money.
“In the Association’s continuing efforts to support college athletes, the NCAA’s top governing board voted unanimously to permit students participating in athletics the opportunity to benefit from the use of their name, image and likeness in a manner consistent with the collegiate model,” the organization stated in a news release.
The statement reads as if the NCAA, in its infinite wisdom, is finally working to allow student athletes to capture the bag as an act of benevolence. In reality, a slew of lawsuits, legislation and widely-shifting social opinion forced the NCAA’s hand.
The first big chip to fall was former UCLA basketball standout Ed O’Bannon’s antitrust class action lawsuit against the NCAA. In 2009, O’Bannon sued after his image and likeness were used without his permission on the video game NCAA Basketball 09.
The verdict landed in O’Bannon’s favor in 2014. Unfortunately, it was partially overturned on appeal the following year. However, even the amended ruling upheld that the NCAA is subject to federal antitrust laws. That opened the door for more lawsuits against the organization.
In March, the NCAA caught another legal “L” in Alston v. NCAA. U.S. District Judge Claudia Wilken ruled that the NCAA cannot “limit compensation or benefits related to education.”
Neither ruling represented the watershed moment that will allow star NCAA student-athletes to make it rain in the locker room. They were more like vicious body shots in a boxing match. The rulings weakened the organization and put it on unsteady legs – hands down, inviting a knockout blow.
California lawmakers took their best shot at the NCAA’s exposed jaw. On Sept. 30, California Gov. Gavin Newson signed the Fair Pay to Play Act into law. Effective in 2023, the law will allow college athletes in Cali to sign endorsement deals, cash in on the use of their likeness and hire agents.
Faced with allowing schools in the nation’s most populous state to play by another set of rules, the NCAA was backed into a wall. The organization could either do an about face on the position it has held for decades or come crashing down with that wall.
Before you get too excited that the NCAA is finally ready to play ball when it comes to athlete compensation, make sure you take note of the end of its statement: “in a manner consistent with the collegiate model.”
That single line tells me that the NCAA will still try to shortchange student-athletes in whatever plan it ultimately puts together. Think about it. When has the NCAA ever embraced meaningful, sensible change on its own?
For decades, college football fans have clamored for a playoff style tournament to end any speculation on a true national champion. The NCAA finally relented in 2015 with a four-team “playoff” that continues to shun mid majors and other teams outside the Power Five conferences. The only reason the NCAA has fought so hard against a true football playoff is because it would not be able to command as much cash without all the meaningless, sponsored bowl games.
The NCAA also routinely punishes student-athletes with postseason bans for violations committed by corrupt, millionaire coaches. Meanwhile, those coaches generally resign, relocate and reestablish themselves without penalty.
According to a 2017 study by ESPN, college coaches are the highest-paid public employees in 39 of 50 states. Those numbers don’t even include college basketball’s highest paid coach. “Coach K” Mike Krzyzewski earns just under $9M per year but Duke is a private university.
The University of Texas’ athletics program raked in more than $219M in 2018. The football program accounted for nearly $145M of the haul. You mean to tell me that the student-athletes responsible for bringing in all that money shouldn’t earn more than a “free” education?
After California’s monumental legislation, several other states, including New York, Florida, North Carolina, Pennsylvania and others, are considering similar laws. The NCAA’s recent statement is simply its attempt to get out in front of a movement that it has been woefully behind – seemingly forever.
It reminds me of big tobacco’s cancer warning and public service announcements regarding the dangers of smoking. Those companies knew all along that smoking was deadly. They didn’t take the steps to warn the public until lawsuits and court decisions forced them to do so.
Hopefully, states will continue to force the NCAA’s hand. I don’t trust the NCAA to make a decision that will truly benefit student-athletes on its own (especially as long as college sports are carried on the backs of black athletes). After all, its big vote was essentially a plan to develop a plan. And history has shown us that all the NCAA really cares about is the Benjamins.
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