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Commercialism project enters legislative phaseThe Division I Leadership Council recently endorsed a plan to send the report of the Task Force on Commercial Activity in Intercollegiate Activities to the governance structure to codify some of the principles set forth in the report.
Some of the work will fall to the Amateurism Cabinet, which will be asked to review and design legislation that clarifies the Association’s position on the use of student-athlete names and likenesses in promotions or commercial activity. The task force recommended that the use of student-athlete names and likenesses be permitted so long as a student-athlete is not seen as directly endorsing a service or product, the student-athlete agrees to the use and a “reasonable person” would not consider the use to be exploiting a student-athlete.
The Council, which met earlier this week in Indianapolis, did not approve any of the specific recommendations, though some members indicated that the philosophy behind the report seemed appropriate. Any legislation developed as a result of the report will be reviewed by the appropriate governance bodies, including the Legislative Council.
A key element of the task force report is the creation of a “Commercial Activities Oversight Committee,” designed to be the judge of what would be considered exploitation of student-athletes and therefore not permissible, even if a use does not specifically constitute endorsement of a service or product.
The group would be expected to monitor trends in the industry, and the task force intended the membership to have expertise in several areas, including marketing and compliance. While NCAA staff would still be expected to issue interpretations, the committee would be responsible for a more holistic view of the commercialism landscape.
The Leadership Council will itself review a series of principles recommended in the document, including a suggestion that all institutions, conferences and the national office include language in licensing, sponsorship, advertising, broadcast and other commercial agreements requiring the entity’s obligation to comply with NCAA rules – including those related to the use of student-athlete names and likenesses. The report also encourages institutions, conferences and the national office to maintain written policies about the use of student-athlete name and likenesses.
Though the report is considered a step forward with an issue the Association has struggled with for several years, the report and any subsequent legislation are not expected to close the book on a subject that is constantly evolving. The committee the task force report hopes to create would be responsive to the changes in commercial opportunities in the future.
In other business, Council members had an extensive, small-group discussion about membership standards. The group worked from a set of possible requirements, including conference sponsorship and a reclassification process. Many current standards of membership were discussed, including requiring schools to meet sport sponsorship and minimum financial aid requirements.
The small groups will continue to work on the requirements before the Council’s next meeting.
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