NCAA OKs long-awaited NIL policy, SC attorney general certifies state’s bill
The NCAA board of directors approved an interim policy Wednesday that suspends the amateurism rules related to a student-athlete’s name, image and likeness.
The plan takes effect Thursday, and the change opens the door for college athletes to profit through personal endorsements or business ventures. It will remain in effect until either federal legislation or new NCAA rules are adopted. The new ruling will also not affect a student-athlete’s financial aid.
“This is an important day for college athletes since they all are now able to take advantage of name, image and likeness opportunities,” NCAA President Mark Emmert said in a news release. “With the variety of state laws adopted across the country, we will continue to work with Congress to develop a solution that will provide clarity on a national level. The current environment — both legal and legislative — prevents us from providing a more permanent solution and the level of detail student-athletes deserve.”
South Carolina was one of 24 states that had passed its own name, image and likeness law, putting it in effect on July 1, 2022. Lawmakers also added a clause to the law saying that should the NCAA roll out and approve an NIL policy that falls within the state law, Attorney General Alan Wilson can certify it — or approve a change — so that it can take effect sooner, rather than waiting until 2022.
Wilson took advantage and certified the state’s bill on Thursday afternoon. While collegiate athletes in South Carolina already had the green light from the NCAA, certifying the bill meant the student-athletes now have to work within the parameters of the state bill as opposed to the interim policy the NCAA released less than 24 hours ago.
“The legislation ensures fairness to our athletes, which is a very good thing. The law should immediately go into effect,” Wilson said via the press release. “This law provides guardrails to protect student-athletes so they can benefit financially without being taken advantage of.”
In addition to the 24 states in which a form of an NIL bill has passed, there are two states — Louisiana and Missouri — awaiting the governor’s signature to pass the bills. North Carolina is one of 14 states where a bill has been introduced, while 10 states have no bill at all.
Athletes at the universities of South Carolina and Clemson certainly appear to be preparing for the new opportunity. Clemson receiver Justyn Ross and multiple USC players — including quarterbacks Colten Gauthier and Jason Brown — have posted the same message to social media that’s been circulating nationally among college athletes.
Titled “Officially active July 1st,” it reads: “According to NCAA, we will be grated the opportunity to capitalize on our likeness on the college state. Here pretty soon us student-athletes are going to be able to brand ourselves and other businesses and companies. Any local companies that want to use my social media or me to do commercials to brand themselves, my DM is open!!”
Gamecocks women’s basketball guard Destiny Littleton tweeted out a different message while still soliciting potential business ventures on Wednesday afternoon.
Clemson posted supplemental material to its athletic website on Wednesday, explaining NIL and the rules surrounding it. While some schools have been given the green light, the institution will be “following the guidance of the State of South Carolina.” Both Clemson and USC have spent recent months working with outside firms to educate athletes on how to navigate the new landscape.
Still, for many, the new law brings more uncertainty than clarity. That’s why the process is expected to be more of a marathon than a sprint when it comes to learning all of the legal context surrounding the new NIL bill before acting on it.
Wofford College, through a spokesman, told The State: “We are currently in the process of finalizing our NIL procedures. We hope to have something out to our student-athletes in the next day or so, but at this time we do not have one available to share with the media.”
The NCAA Division I Council recommended the interim policy to the board on Monday.
The new policy cancels out the NCAA’s previously-established rules prohibiting a student-athlete from profiting from their name, image or likeness in any capacity, according to Bylaw 12. Student-athletes were permitted to have businesses, work at camps, give private lessons, etc. as long as they didn’t use their name, image or likeness to promote the service. Under the new rules, they can be part of the promotion.
Rules regarding the prohibition of pay-for-play and improper inducements tied to choosing to attend a particular school, however, are still in effect. The policy rules are:
- Individuals can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities are responsible for determining whether those activities are consistent with state law.
- College athletes who attend a school in a state without an NIL law can engage in this type of activity without violating NCAA rules related to name, image and likeness.
- Individuals can use a professional services provider for NIL activities.
- Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.
Wisconsin quarterback Graham Mertz was the first known student-athlete to come up with and release a personal logo Monday afternoon on Twitter. By Wednesday, he had filed to trademark the logo for the use of wearable garments.
A handful of Georgia Bulldogs athletes have been linked to a pending deal with a clothing store, with one UGA football player teasing a logo for his own brand. An Iowa men’s basketball player is planning a meet-and-greet and autograph signing Thursday at a local fireworks business.
It has also been reported that two football players from the University of Texas at Austin also made a verbal agreement with a company called Last Stand Hats, which would become legal on Thursday.
— The State’s Maayan Schechter contributed to this story.
This story was originally published June 30, 2021 at 4:59 PM.
