The NCAA Division I Council will begin crafting formal name, image and likeness (NIL) legislation this week that, for the first time in history, would aim to allow athletes to be compensated for such rights. The Federal and State Legislation Working Group, operating under the NCAA Board of Governors, submitted to the council a set of streamlined recommendations that will be taken up at a two-day meeting beginning Tuesday.
That document has been turned into a draft that will act as a starting point for the council's discussion. It is expected to be turned into formal legislation and then be voted on at the NCAA Convention in January.
The recommendations continue to be focused on working through three main issues: recruiting, preenrollment (high school) and third-party oversight.
It's still unclear how the NCAA would regulate NIL inducements offered to athletes during recruiting. One answer: The NCAA has been considering entities that could become a third party to oversee fair-market value for players.
"This will be the most detail given to the council," an NCAA source told CBS Sports regarding the NIL considerations.
Sports Illustrated reported that draft of those recommendations would allow athletes to be compensated for their NIL through such avenues as endorsing products, serving as private coaches and signing autographs with some restrictions, such as their school names, logos and marks not being involved. They could also raise money for charity through crowdfunding. Those were previously identified items in a broad document of recommendations released last year by the working group.
CBS Sports previously published a primer on what to expect as NIL legislation is developed.
During two days of council meetings, the group is expected to develop a document that would then be sent out to the NCAA membership for comment before the convention.
At the same time, the NCAA is seeking help from the U.S. government in crafting federal legislation that would protect the association from lawsuits. Rep. Anthony Gonzalez (R-Ohio) recently submitted a comprehensive bipartisan bill.
The NCAA currently bars athletes from profiting off their names, images and likenesses. The small-college NAIA recently passed sweeping NIL legislation that would allow athletes more NIL rights than anything currently in the NCAA pipeline.
The NCAA has basically been forced into this unprecedented move as several states have either passed NIL bills or have such legislation pending. The first to go into effect is a bill out of Florida, which will be effective as of July 1, 2021. That makes January a soft deadline for developing federal legislation that could be passed to supersede those state bills.
Big Ten athletic director Gene Smith and Big East commissioner Val Ackerman have been co-chairing the working group.