A range of issues stemming from or magnified by the Supreme Court decision that allowed college athletes to be compensated for the use of their name, image, and likeness (NIL) could transform college sports as we know them, and not for the better if you’re an athlete, student, fan, donor, or parent.
Left unregulated, the revenue from ticket sales, endorsements, TV contracts, licensing, and donors will funnel to a small percentage of blue-chip football and basketball players, putting in jeopardy the non-revenue side of college sports.
Federal action is needed to bring order to the chaos that is percolating at the state level—and in some cases at the individual school level—but moving smart policy forward is going to be difficult in a polarized election year unless stakeholders demand it.

March Madness Is Bringing NIL-related Challenges to the Forefront

It’s March Madness folks—the most coveted time of year for die-hard college basketball fans and arguably one of the most exciting of all the sports traditions. From the much-anticipated buzzer beaters to the final “One Shining Moment,” March Madness assures us college sports are alive and well. Just ask Jack Gohlke, who along with his Golden Grizzlies, enjoyed a stunning upset over top-ranked Kentucky before being knocked out by North Carolina State in the second round.

The only truly predictable part of March Madness is the drama. That’s why we love it. And this year promises to be no different. Or is it?

March 31 marks three years since the unanimous Supreme Court decision in NCAA v. Alston that allowed college athletes to profit from their Name, Image, and Likeness (NIL). In that time, a lot has changed behind the scenes, but the effects are only beginning to come into focus for the rest of us.

Millions of people are sweating this year’s bracket busters, but the real cause for alarm may lie with a range of issues stemming from or impacted by the Alston decision: conference realignment, athlete unionization, the transfer portal, and the NCAA’s seemingly endless battles with the courts to regulate athlete compensation piled on top of the extra Covid year of eligibility.

What’s a Stake?

The short answer: college sports as we know them.

NIL is not just about whether college athletes should be paid. It’s about how college sports are managed and funded. College athletics were founded on the principle of amateurism—unlike professionals, compensation for college athletes was education, not income. Left unregulated, the revenue from ticket sales, endorsements, TV contracts, licensing, and donors will funnel to a small percentage of blue-chip football and basketball players, putting in jeopardy the non-revenue side of college sports to what many predict could be the point of extinction.

Now some of the most intense sweat equity is happening off the field, behind closed doors, as athletes, schools, conferences, the NCAA, and state and federal policymakers grapple with how to regulate a new college athletic framework built around NIL. And while college sports leaders and administrators huddle with legal counsel and legislators on a tangled path to federal legislation, one thing is abundantly clear: the students, athletes, fans, alumni, donors, and voters who bleed their school colors are the right stakeholders to create the kind of urgency needed to carry a policy solution across the finish line that will preserve college athletics for years to come.

For some, the stakes are even higher: The revenue athletes who are due their fair share. The non-revenue athletes that make up 95 percent of college athletes. Female athletes advocating for fairness and equity provided through Title IX. Olympic hopefuls reliant on the Olympic development pipeline that only exists in college athletics. And even youth sports parents navigating the development of tomorrow’s athletes. Stakeholders across the entire collegiate athletics ecosystem can’t afford to wait on the sidelines while policy takes shape that could limit participation or forever change the college sports experience.

The Last Dance

It’s hard to imagine a March without March Madness, but things could look different unless there is federal action on NIL soon to provide order to the chaos – a challenging task as Congress balances near-term urgent priorities with the truncated Election Year legislative calendar. It’s time for decisionmakers to create urgency around solutioning – and no one is more equipped than a college sports fan who thinks they have the winning bracket.

Protecting the Madness:

Fans are the Key to an NIL Policy Buzzer Beater