Because developments in collegiate athletics are both state and national stories, this month I’m writing a combined state-federal report. State legislation looks to level the playing field, while the federal ruling could blow it up.
Name, Image or Likeness
A bill is working its way through the General Assembly, H. 4957, that would allow public and private campuses to directly or through an agreement with a third party, participate in creating opportunities for currently enrolled intercollegiate athletes to earn compensation from their name, image or likeness, “NIL.”
Current South Carolina prohibits direct participation of institutions, while other states permit it, which puts athletic programs in the state at a disadvantage in recruiting and retaining student-athletes. Moreover, the bill permits using NIL as a recruiting inducement.
The legislation sailed through the House on a unanimous vote. Statehouse handicappers forecast this bill will get to the finish line in the Senate.
Dartmouth Ruling
A National Labor Relations Board regional official ruled earlier this month (See document “Decision and Direction of Election”) that Dartmouth men’s basketball players are employees of the school, which permits them to form what would be the first labor union of college athletes.
Dartmouth is appealing the ruling to the full National Labor Relations Board.
This ruling, should it stand, would turn college athletics on its head by depriving so many students of the opportunity to play their sport. Virtually all colleges would be unable to afford athletic budgets swelled by salary costs.
Only about 15 university athletic departments generate more revenue than their expenses. The rest maintain athletics to enrich the college experience for both students, student athletes, and their communities. Faced with the prospect of putting student-athletes on the payroll, it would surely result in colleges shuttering their athletic programs. Everyone loses.
SCICU Business Partner spotlight — February 2024