Newsletter, Image, Likeness Vol. 79: Should Congress Consider Creating A Special Status Class For College Athletes?

The Weekly Longer NIL Thought.

Can there be collective bargaining without classifying college athletes as employees?

Jason Stahl , who created the College Football Players Association (CFPBA), believes it is possible and that it would provide athletes with important protections without full employee classification.

He, and some others, have argued this possibility through the creation of a "special status" class for college athletes and admits that it would require Congressional involvement. As I've said before, don't hold your breath.

Stahl spent this week on Capitol Hill trying to convince members of the Senate and House of Representatives that this is a fight worth fighting. In his newsletter, he acknowledged that this is a concept that outgoing Notre Dame Athletic Director Jack Swarbrick advocated for, which would mirror the collective bargaining that occurs in pro sports without making college athletes employees.

My colleague Michael McCann sees a potential issue with Stahl's proposal.

"If college athletes are employees, shouldn’t they be deemed employees like their classmates who are employees and not an alternative classification that suggests they hold an inferior status?," rhetorically asked McCann in his column on Sportico. "From graduate students to student dining hall workers, there has been a recent push across college campuses in America for employee recognition and unionization. One might argue college athletes, who are the labor behind the multibillion-dollar college sports industry, ought to be employees, too."

Chase Griffin , UCLA QB and outspoken advocate for NIL rights, had harsher criticism for Stahl's concept.

"Our interests are aligned with the level of current college athletes advocating for it," wrote Griffin on his The Athlete's Bureau X account. "If current college athletes are leading/involved we are more interested in it. Absent that, it is a frolic in detour from our mission."

NIL Basketball Tournament Is Getting Closer To Reality.

Dennis Dodd and Matt Norlander of CBS Sports report that the tournament to be held in Las Vegas is expected to be finalized soon and that games will be played in November. The collectives associated with 8 schools will each receive $1 million in NIL with the potential of additional monies based on success in the event. The quid pro quo would be participating players doing some off-the-court activities surrounding the tournament.

Sources tell them that schools already committed include Alabama, Houston, Notre Dame, Oregon, Rutgers, San Diego State, and Texas A&M.

NCAA Issues New Guidance On Role Of Institutions.

Of note is that institutions may now allow athletes to promote their NIL activity while on call for required athletically related activities (i.e. practice, pre- and postgame activities, celebrations on the court, and press conferences) as long as it doesn't constitute payment for participation.

However, an institution may not allow an athlete to receive compensation directly or indirectly for promoting an athletics competition in which the athlete participates.

The FHSAA Will Meet On Tuesday To Discuss NIL.

The Florida High School Athletic Association still denies high school athletes participating in its sanctioned events from monetizing their fame. But maybe that is finally going to change.

It will soon discuss modifying its policy to allow high school athletes to enter into NIL deals.

Portal Parent Speaks Up About Recent Experience.

“Within 35 seconds — I’m not kidding you — within 35 seconds my phone was blowing up,” said the parent. “When they say it is like recruiting on steroids, the first 36 hours were exhausting. Any school you can think of was either calling, texting, sending DMs. It was unbelievable and some of them were like we’ll just show up with money.”

The parent characterized some of the offers as "insane."

"I have heard that there are guys who have been told that there’s just not going to be money for you, or we’ll give you $50,000," added the parent. "And that kind of says to me, hmm, how important am I going to be to this team? NIL isn’t important, but you don’t want to be the $60,000 guy."

Kentucky Collective Has Been Actively Raising Cash Since Cal Departure.

New Ohio State RB Quinshon Judkins And His Family Donate $10k To High School Football Program.

New Crappy NIL Bill Is Announced.

I really didn't want to provide space for it, but it's at least important to know the bill exists.

The "Protect The Ball Act" is sponsored by Rep. Russell Fry (R-S.C.) and Rep. Barry Moore (R-Ala.) and seeks to offer the NCAA, conferences, and schools protection from lawsuits and give them the leeway to regulate recruiting as well as how players are compensated for NIL.

Final Thoughts.

That is it for Vol. 79 of Newsletter, Image, Likeness. Thanks to the more than 8,670 people who have subscribed to this newsletter thus far, and please feel free to share this free resource with others on LinkedIn or elsewhere.

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