Details
As you are likely aware, in late December 2020, U.S. Senators Booker and Blumenthal (and several other senators as cosponsors) introduced the College Athlete Bill of Rights (“Bill”), which proposes sweeping changes for college sports. One of LEAD1's many roles is to provide consensus comment among our ADs in order to make our voices more effectively heard.
Panelists:
- Tom McMillen, President & CEO, LEAD1 Association
- Gregg E. Clifton, Attorney at Law, Jackson Lewis P.C.
- Michael McCann, Sports and Entertainment Law Institute Director and Professor of Law, UNH Franklin Pierce Law & Legal Analyst & Writer, Sportico
The Bill introduces very dramatic changes to college sports including: unregulated NIL rights, fifty-percent revenue sharing with student-athletes (after subtracting scholarship costs), guaranteed scholarships, health and safety standards, medical trust funds, minimal limitations on transfers, few restrictions on entering professional drafts, and substantial civil penalties for both individuals and athletic departments. It also includes the appointment of a Commission on College Sports, which would take significant responsibility away from the NCAA in regulating endorsement contracts, certifying athlete agents, monitoring Title IX compliance, and establishing health, wellness and safety standards for college athletes.
It would be an understatement to say that this bill would involve a radical restructuring of college sports as we know it. It is clear that bill presents a “big ask” reflecting most, if not all, the provisions that student-athletes would demand in a full collective bargaining proceeding against the NCAA. It should be viewed as a starting position for the most aggressive student-athlete empowerment wishes. Time will tell which of these provisions survive the legislative process but it is important to fully understand their consequences.