2019-20 Georgia Tech Everyday Champions Issue #3

COMPLIANCE CORNER

BY LANCE MARKOS, ASSISTANT ATHLETIC DIRECTOR FOR COMPLIANCE

A PRIMER ON NAME, IMAGE AND LIKENESS

In the fall of 2019, the NCAA’s Board of Governors directed each of the three divisions to consider updates to the NCAA’s rules and regulations that govern student- athlete compensation from the use of their name, image, or likeness (NIL). While an important step, much work remains as multiple variables exist that must be considered. The board provided the following principles and guidelines for the group charged with working on this issue:

LANCE MARKOS ASSISTANT ATHLETIC DIRECTOR FOR COMPLIANCE

• Assure student-athletes are treated similarly to non-athlete students unless a compelling reason exists to differentiate. • Maintain the priorities of education and the collegiate experience to provide opportunities for student-athlete success. • Ensure rules are transparent, focused and enforceable and facilitate fair and balanced competition. • Make clear the distinction between collegiate and professional opportunities. • Make clear that compensation for athletics performance or participation is impermissible. • Reaffirm that student-athletes are students first and not employees of the university. • Enhance principles of diversity, inclusion and gender equity. • Protect the recruiting environment and prohibit inducements to select, remain at, or transfer to a specific institution. As multiple states either pass legislation to permit student-athletes to profit from their name, image, or likeness, or are considering legislation to do so, the NCAA has the opportunity to create a broad- based, consistent set of parameters that would ensure that all NCAA institutions are operating on a level playing field. There is still much work to be done as the principles listed above evolve in to actionable NCAA legislation. Currently, the proposals for the changes to Division I legislation will likely appear by November 1, 2020 with voting anticipated to occur in January, 2021 at next year’s NCAA Convention.

Student-athletes may soon begin to profit from their name, image, or likeness once the new legislation takes effect in a variety of ways. Examples include promoting corporate entities, signing autographs, and profiting from sales of their jerseys. There may also be opportunities where groups of student-athletes could jointly participate in a venture using their NIL. The most oft- cited example of this type of opportunity would be video games where student-athletes could permit their NIL be used in an aggregated manner. The next year promises to be an interesting time for the NCAA and its member institutions. The balancing act required to preserve the collegiate athletics model, which provides opportunities to so many, including those who would not be impacted by these changes, while modernizing the rules for those who may benefit will be a challenge. However, it is a challenge worth solving and a priority for those who work with so many amazing student-athletes every day.

If you have any questions, you may contact the compliance office at compliance@gtaa.gatech.edu or 404-894-5055. Go Jackets!!

Shoshanna Engel Associate Director of Athletics for Compliance sengel@athletics.gatech.edu (404)894-8792

Lance Markos Assistant Director of Athletics for Compliance lmarkos@athletics.gatech.edu (404) 894-5507

Shardonay Blueford Director of Compliance sblueford@athletics.gatech.edu (404)894-0416

Tatiana Cummings Associate Director of Compliance tcummings@athletics.gatech.edu

Brittany Ward Compliance Assistant bwatts@athletics.gatech.edu

Compliance Office Phone Number: (404) 894-5055