Newsletter, Image, Likeness Vol. 1: Schools Get Cozy With NIL Collectives

The Weekly Longer NIL Thought.

On October 26, 2022, the NCAA Division I Board of Directors clarified its interim (yes, after 16 months it still bears the "interim" label) NIL policy. The updated guidance includes two pages of background information and two pages of actual information intended to clarify the Association's rules.

No clarification is likely to have a larger immediate and long-term impact than the first bullet point on the final page of that document.

It states that it is permissible, under the interim NIL policy and NCAA rules for a staff member to assist a NIL entity in raising money for the NIL entity.

The third bullet point on that same page is perhaps equally as important.

It reads that there is no prohibition on an institution to request that a donor provides funds to a NIL entity as long as it does not direct funds be used for a specific sport or athlete.

What does this mean? It is now fair game for all athletic directors, coaches, and others in athletic directors across the country to become much more active in pushing boosters to benefit NIL collectives and, in turn, more money should flow to college athletes.

Interestingly, only a few athletic directors and coaches have noticed this unique opportunity and gotten ahead of it immediately.

Tennessee's athletic director Danny White may have been the first, and it has not gone unnoticed.

Tennessee head coach Josh Heupel even provided a NIL collective with a few shoutouts in his press conference this week.

Georgia football coach Kirby Smart also signaled support for the Classic City Collective and asked his followers to join the 21 Club.

Wisconsin athletic director Chris McIntosh noted that "we are in the midst of a once-in-a-generation change in college athletics" and asked Badgers fans to consider supporting The Varsity Collective.

A NIL collective logo was featured on the backdrop for the press conference introducing John Cohen as Auburn's new athletic director.

Even Kentucky basketball coach John Calipari joined the conversation on NIL this week.

It is hard to believe that this type of message is not being delivered from every college campus across the country. It takes absolutely no resources and very little effort. No legal diligence is required given that the NCAA has now made it clear that this type of messaging is permitted. And any athletic director who is concerned about the potential of violating a state NIL law by engaging in this activity should think twice about that. No state is going to punish a school for merely issuing a social media statement in support of a NIL collective after the NCAA rolled out the red carpet.

As my friend Ross Dellenger said, "administrators are taking advantage of the most significant piece from the NCAA's new NIL guidelines, which allows school officials to promote collectives/third parties." Well, some are. But too many are not. And they may be held accountable for lackluster fundraising from fan bases that are getting tired of a lack of institutional support.

Pennsylvania Took Note. Will Others Follow?

It is rare for any piece of legislation to receive unanimous approval, but that is exactly what happened for a NIL bill in Pennsylvania. House Bill 2633 was passed with zero no votes and signed into law by Pennslyvania Governor Tom Wolf.

The law removes an existing prohibition that prevented schools from arranging third-party compensation for college athletes relating to the use of their NIL rights. This, coupled with the NCAA's new clarity on its existing interim NIL rules, allows coaches and administrators in the state to be much more hands-on with NIL and assist in the raising and flow of monies to NIL collectives as well as college athletes.

Growth in the Grove.

Walker Jones, executive director of the Grove Collective, says that membership has surged from roughly 300 to 3,000 members supporting Ole Miss players.

Jones' expectation is to reach 5,000 members before the end of the year.

Job Opening in Michigan.

Valiant, a sports marketing agency that represents many University of Michigan athletes, is interested in hiring an athlete promotion and relationship manager.

Job requirements include a bachelor's degree and a preference for having a J.D.

Applicants must be able to work full-time from Valiant's office in Ann Arbor, Michigan.

Resumes and qualifications should be sent to jobs@valiantuofm.com.

This Deal Doesn't Stink.

It just makes too much sense.

Kansas quarterback Jason Bean struck a deal with Serious Bean Co., which includes the QB adding a link to his Instagram bio where fans will earn a free can of beans.

There is nothing wrong with an athlete commercializing his marketable name. After all, it's the "N" in NIL.

Call Stetson, Maybe?

The Players Trunk worked very quickly to tap into an existing relationship with Georgia QB Stetson Bennett after he was seen holding up his hand to his head when scoring a touchdown against Tennessee.

Shirts were available for sale within two days.

If there are buyers, then Bennett will benefit.

Lawyer Adds to LSU NIL Deals

This law firm is not reviewing NIL deals for athletes. No, it is signing athletes to represent its brand.

Louisiana-based Gordon McKernan Injury Attorneys has signed LSU QB Jayden Daniels to a NIL deal.

Daniels joins LSU players Kayshon Boutte, Harold Perkins, Mason Smith, and John Emery Jr. as endorsers of the law firm.

Women's Hockey Players Get Some Love, Too.

Keep this handy for the next time someone says college football players are the only ones benefitting from NIL rights.

Four women's hockey players -- Brown forward Jade Iginla, Minnesota State goalie Calla Frank, Princeton forward Sarah Fillier, and Wisconsin forward Laila Edwards -- have signed NIL deals with hydration brand BioSteel.

New York Times Questions Whether Female Brand Building is "Regressive."

From the article: "the new flood of money — and the way many female athletes are attaining it — troubles some who have fought for equitable treatment in women’s sports and say that it rewards traditional feminine desirability over athletic excellence."

Author Kurt Streeter adds, "Scroll through the social media posts from female college athletes across the United States and you will find that a significant through line on many of the women’s accounts is the well-trod and well-proven notion that sexiness sells. Posts catering to traditional ideals about what makes women appealing to men do well, and the market backs that up."

Stanford women's basketball coach Tara VanDerveer is not a fan of the current marketplace for female athletes. "I guess sometimes we have this swinging pendulum, where we maybe take two steps forward, and then we take a step back. We’re fighting for all the opportunities to compete, to play, to have resources, to have facilities, to have coaches, and all the things that go with Olympic-caliber athletics."

She added, "this is a step back."

Representation Announcements.

Michigan defensive lineman Mike Morris signed with Vayner Sports.

AJ Johnson, a 5-star high school athlete at Southern California Academy, has signed with WME Sports.

University of North Carolina-Chapel Hill golfer Austin Greaser has signed with Excel Sports Management.

Final Thoughts

That is it for Vol. 1 of Newsletter, Image, Likeness. I hope you enjoyed this first volume and that you share this free resource with others. My intention is to publish this weekly, on Friday mornings, similar to the Shabbat Shalom: Friday Wrap-Up that I delivered for many years at Sports Agent Blog (those who have followed me for a long time know what I am talking about).

Outside of LinkedIn, you can follow me on Twitter and Instagram. And if you ever require legal assistance, check out Heitner Legal. Have a wonderful weekend.