NCAA Starts Process to Enhance Name, Image and Likeness Opportunities

The NCAA has paved the way for athletes on Tuesday to benefit from the use of their name, image and likeness in a manner consistent with the collegiate model.

The Board of Governors’ action directs each of the NCAA’s three divisions to immediately consider updates to relevant bylaws and policies for the 21st century, said Michael V. Drake, chair of the board and president of The Ohio State University.

“We must embrace change to provide the best possible experience for college athletes,” Drake said. “Additional flexibility in this area can and must continue to support college sports as a part of higher education. This modernization for the future is a natural extension of the numerous steps NCAA members have taken in recent years to improve support for student-athletes, including full cost of attendance and guaranteed scholarships.”

Specifically, the board said modernization should occur within the following principles and guidelines:

• Assure student-athletes are treated similarly to non-athlete students unless a compelling reason exists to differentiate.
• Maintain the priorities of education and the collegiate experience to provide opportunities for student-athlete success.
• Ensure rules are transparent, focused and enforceable and facilitate fair and balanced competition.
• Make clear the distinction between collegiate and professional opportunities.
• Make clear that compensation for athletics performance or participation is impermissible.
• Reaffirm that student-athletes are students first and not employees of the university.
• Enhance principles of diversity, inclusion and gender equity.
• Protect the recruiting environment and prohibit inducements to select, remain at, or transfer to a specific institution.

State Senators Nancy Skinner, D-Berkeley, and Steven Bradford, D-Gardena, released the following statements on the NCAA Board of Governors’ announcement today on “enhancing name, image, and likeness opportunities” for college athletes.

“California’s leadership is a game-changer once again! The Legislature and Gov. Newsom’s support of SB 206 clearly pushed the NCAA to take this step,” Skinner said. “I’m pleased that the NCAA’s announcement shows promise on student athletes getting name, image, and likeness rights, however the devil will be in the details. Here in California, we are clear that we won’t accept arbitrary limitations and look forward to the NCAA’s final action being consistent with the right all other students have to generate income from their talent and skills.”

“I applaud the NCAA Board of Governors who made the right decision to support our student athletes, not just in California, but across the U.S.,” Bradford said. “While I question whether or not this special committee and vote would have occurred if our bill was not introduced and passed by the Legislature, this is nonetheless a major step forward bringing about greater equity and fairness to a system that generates billions off of the backs of our talented and hardworking athletes.”

Skinner and Bradford were joint authors of Senate Bill 206, known as the Fair Pay to Play Act. It was approved by both the Assembly and Senate with bipartisan support and signed into law on Sept. 27.  This bill will give California student athletes the right to their name, image, and likeness, allowing them to earn money from sponsorships, endorsements, and other activities.

Sen. Nancy Skinner represents the 9th Senate District and is the Senate majority whip.