Shayla Wright, Nina Gupta, and Traci V. Bransford wrote in Sports Business Journal about how universities and colleges can navigate the complex legal side of a new proposal from NCAA President Charlie Baker. Under the proposal, all Division I institutions would be able to directly compensate athletes for the use of their name, image, and likeness (NIL). There are several pending prerequisites, including institutions paying a sizable amount of money into an educational trust fund. 

Their article was also mentioned in SBJ Unpacks, which provides highlights on a number of trending topics.

"While Baker’s proposal has the potential to completely shift how college sports operate from a university and student-athlete perspective, it also raises thorny legal questions for both sides," Shayla, Nina, and Traci wrote.

"As the proposal brings NIL deals in-house, for instance, universities will undoubtedly be required to follow Title IX as it relates to creating equitable NIL opportunities for student athletes," they continued. "In turn, higher-education institutions could open themselves up to Title IX claims by student athletes who say their respective school provides fewer NIL opportunities or less equitable resources to obtain and pursue NIL opportunities than their female or male counterparts."

"The proposal could also strengthen arguments from the National Labor Relations Board and others who claim some student athletes should be treated as employees under labor laws. Furthermore, if the NIL opportunity involved an endorsement, the new proposal would put schools explicitly under the Federal Trade Commission’s (FTC) endorsement and advertising rules," they wrote.

You can read the full article here: How universities and student athletes can navigate the complex legal side of historic NCAA proposal

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