What They Are Saying: Key Takeaways from the U.S. Senate Committee on the Judiciary Hearing “Name, Image, and Likeness, and the Future of College Sports”
October 17, 2023
On the importance of achieving a federal NIL standard
Tony Petitti: Commissioner, Big Ten Conference:
“Without action from Congress we will continue to lack the ability to manage collegiate athletics.”
Trinity Thomas: Former Student-Athlete, University of Florida:
“The best path forward for everyone would be if we had a federal NIL policy that applied to all athletes from every sport at every school, and at every level.”
“A federal law will ensure the future of sports like gymnastics are protected.”
Charlie Baker: President, National Collegiate Athletic Association (NCAA):
“We would like to have a national standard where a patchwork of state laws currently exist.”
On the question of whether student-athletes should be considered employees
Tony Petitti: Commissioner, Big Ten Conference:
“The Big Ten strongly supports Congressional proposals that would codify benefits for student-athletes that guarantee consistency across states and sports without the need to classify student-athletes as employees.”
Jill Bodensteiner: Vice President and Director of Athletics, Saint Joseph’s University:
“In my opinion, the primary crisis facing college athletics is the threat of our student-athletes becoming employees.”
“I do not believe employment status is the answer and nor do our student-athletes. They don’t want to have to apply for posted positions when what they’re really going for is an education.”
Jack Swarbrick: Vice President and Director of Athletics, University of Notre Dame:
“It is central to our model that our student-athletes be students and not employees.
“Most importantly, our student-athletes don’t want a change in status. They come to Notre Dame to be students, to have the experience of students living in dorms, going to the same classes and pursuing the same majors.”
Charlie Baker: President, National Collegiate Athletic Association (NCAA):
“All three of our student-athlete advisory councils, which are elected by their peers, have expressed deep concerns about being considered as employees. And I've talked to probably a thousand student-athletes since I got this job, and I haven't talked to one yet who wants to be an employee.”
On the patchwork of varying state NIL laws throughout the nation
Tony Petitti: Commissioner, Big Ten Conference:
“Many states are passing NIL and associated laws designed specifically to provide their in-state universities with a competitive advantage in recruiting through the promise of NIL. A uniform federal statute is needed to preempt this network of state laws.”
Trinity Thomas: Former Student-Athlete, University of Florida:
“There currently is no single standard that applies to all student-athletes in all sports, which oftentimes leaves us confused. In some cases, the different state laws place student-athletes at a disadvantage depending on where they go to school.”
Jill Bodensteiner: Vice President and Director of Athletics, Saint Joseph’s University:
“The patchwork of conflicting state laws are confusing to everyone, especially the student-athletes, and create a profoundly unequal playing field.”
Jack Swarbrick: Vice President and Director of Athletics, University of Notre Dame:
“We need help in preempting the myriad of state laws which set different standards for college athletics. Our student-athletes deserve the competitive equity that we need to deliver to them.”
On the issue of NIL leading to pay-for-play and recruiting inducements
Charlie Baker: President, National Collegiate Athletic Association (NCAA):
“We want to partner with Congress to go further and curtail inducements. And prevent collectives and other third parties from tampering with students.”
Tony Petitti: Commissioner, Big Ten Conference:
“Student-athletes are frequently being induced by collectives to attend specific institutions, and transfer from one school to another without a true NIL deal. This has resulted in a pay-for-play system primarily controlled by boosters and executed under the guise of NIL.”