OPINION:
After months of legal wrangling and delayed decisions, Judge Claudia Wilken approved the long-awaited settlement in the House v. NCAA case. Under the agreement, conferences will move toward a new revenue-sharing model allowing schools to compensate student-athletes while offering them more opportunities.
The decision handed down by the federal district court marks a pivotal moment for college sports in an era when student-athletes can profit from their name, image and likeness (NIL). In the summer of 2021, the door opened for student-athletes to capitalize on NIL, and many states rushed to enact their own rules governing college sports.
The result has been a fragmented landscape of regulations that institutions, athletic departments and college athletes struggle to navigate. This patchwork creates confusion and an uneven playing field that disadvantages certain athletes and sports programs.
However, with the House settlement now in place, there is a window of opportunity to right the wrongs of the past. House’s athlete-first provisions should be referred to as a road map for stabilizing college athletics.
Expanded revenue sharing and a framework for third-party NIL agreements, as outlined in the House settlement, provide a rock-solid foundation for what needs to be included in comprehensive reform.
Only codifying the progress made with the House settlement and creating a national NIL standard that levels the playing field will lead to long-term viability for college sports. Ultimately, court rulings and judges cannot permanently fix what’s broken with college sports. Only our elected representatives in Congress can provide the clarity and consistency that collegiate athletics deserve.
Recently proposed bills such as the SCORE Act enshrine many policies outlined in the House settlement. The SCORE Act further builds on the settlement’s momentum by including extended medical coverage, mental health resources and academic accommodations for student-athletes. This comprehensive package also establishes a much-needed NIL standard that all states must follow.
Codifying a national NIL standard eliminates state-by-state mayhem that has bogged down college sports in recent years. Consistent rules across the board protect Olympic sports, including women’s sports, which extend hundreds of thousands of educational opportunities to student-athletes. By committing to a uniform NIL standard, Congress will reaffirm that college athletics should remain tethered to academics at its core.
In these deeply polarized times, Republicans and Democrats in Congress should embrace this historic opportunity to protect a cherished American tradition. Future opportunities and traditions are at stake. So is the chance for young people, many of whom are first-generation college students, to obtain a degree and build a life beyond sports.
At a congressional hearing in March, Shane Beamer, the head football coach at the University of South Carolina, explained why court rulings shouldn’t prevent Congress from acting: “Codifying the settlement will maintain an education-based model for college sports while ensuring the opportunity for student-athletes to earn a degree and the tools necessary to be successful in life after sports.”
To maintain the best of college sports, lawmakers must act now to build on the framework established by the House settlement. If they stall on NIL reform, the consequences will be severe: more lengthy lawsuits, more underfunded sports programs and fewer opportunities for young athletes to access higher education.
Hundreds of thousands of student-athletes eagerly await what Congress does next.
• Matt Finkes is a former professional football defensive end who played for the New York Jets.
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