A group of athletes led by Big Ten women's basketball players sent a letter to NCAA President Charlie Baker on Wednesday asking the association to lift proposed restrictions on the types of name, image and likeness agreements that players they can sign with third party groups.
The letter is signed by USC captain Dominique Darius, who told ESPN he sent it on behalf of approximately 100 athletes from different schools and sports. The letter specifically calls on the NCAA to abandon the proposed industry-changing portion of its antitrust agreement that would give the association authority to determine which NIL agreements are for “valid commercial purposes.”
Darius, Michigan senior Greta Kampschroeder, and Northwestern seniors Caileigh Walsh and Melannie Daley said they don't believe the players were given enough information about the deal or had a big enough say in it. shaping the future of their sports. Darius said she and others would consider formally objecting to the settlement agreement if it is not amended to remove the NIL restrictions.
“We hope it doesn't get to that point,” Darius said. “It's a good question. We have the courage to speak up if necessary. We hope this helps the NCAA turn in the right direction that is most beneficial to athletes.”
The NCAA and its most powerful conferences agreed in May to settle a trio of antitrust lawsuits that claim the association has illegally restricted athletes' earning power in various ways. If the deal is approved, the NCAA has agreed to allow schools to share revenue directly with players up to a certain limit, which is expected to be a little more than $20 million per school next school year and increase annually.
The agreement includes a provision that would give the NCAA more leeway to prevent booster groups from using NIL agreements as de facto pay, what the association and its attorneys call “pay-for-play.” The NCAA and an arbitrator could stop deals between an athlete and a third party that they believe exceed the player's fair market value.
“We don't think that makes sense,” Kampschroeder said. “We believe the free market should determine our fair market value, not the NCAA.”
The NCAA acknowledged receiving the players' letter and provided a statement to ESPN that said the association “fully supports college athletes who benefit from their NIL” and is “moving forward with a historic agreement that would provide new financial benefits to athletes.” student-athletes.”
During a preliminary approval hearing earlier this month, Judge Claudia Wilken raised similar concerns with the proposed restrictions on third-party NIL agreements. He told lawyers they needed to “go back to the drawing board.” Rakesh Kilaru, senior counsel for the NCAA, told Wilken that getting rid of the clause could be a deal-breaker for the NCAA and its schools. School administrators at schools in the power conferences have pushed hard to include the ability to regulate collectives in the agreement. Without it, they fear that competitors will use buses to avoid the spending limit established for schools.
Attorneys for both sides are scheduled to file papers with the court Thursday to respond to Wilken's concerns. Steve Berman, co-lead counsel for the plaintiffs, told ESPN last week that the new documents would aim to “clarify” the restrictions but not eliminate them.
If Wilken grants preliminary approval to the settlement, athletes will have a period of several months during which they can raise objections to the terms of the agreement or opt out of the class action class. The agreement includes a clause stating that if a certain number of players opt out, the agreement is void. The specific number of exclusions necessary to activate that clause is written in the public version of the agreement presented in court documents. Darius said players were still unsure whether they would exercise that option.
Basketball players said they were concerned because until now they had not had a big enough voice in a process that could be reshaping at least the next 10 years of the college sports industry. The four players who spoke with ESPN said they have not received any information about the pending agreement from their schools.
“There has been absolutely zero communication,” Walsh said. “Northwestern isn't telling us anything about it, so we're trying to get as much information as possible.”
A spokesman for Northwestern's athletic department declined to comment. USC did not respond to a request for comment. A Michigan spokesperson said the school is waiting to communicate with its athletes until there is a final resolution of the case to avoid creating “a collection of hypothetical scenarios for our student-athletes that may or may not come to fruition.”
Players began meeting informally in recent weeks to help each other learn more about the deal and its implications for creating a more professional version of college sports.
“It bothers me deeply that people are making decisions without us having a say,” Daley said. “Decisions are being made above our heads about what we deserve as compensation.”
Players said they were in favor of the revenue-sharing agreement included in the deal and want to see it implemented early next year. They said they hope the agreement provides a starting point for players to have more influence over other issues such as health, safety and academics. Kampschroeder said players were still unsure whether it would be best for that larger voice to come from a formal players union or some other form of representation, but they were eager to learn more about their options.
“I hope revenue sharing can be the start of more conversations,” he said. “We want to sit at the table while everyone has those conversations.”
All four players who spoke with ESPN are in the final season of their college careers, but said their goal is to make sure they leave the best possible scenario for their younger teammates and future generations of players.
“This is a business, we know that. Obviously it's a business,” Darius said. “It's time for the NCAA to recognize that and treat it that way. … The agreement is the first step in becoming a respected company.”
