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Can Congress fix NIL 'dysfunction' as NCAA president urges?
NCAA president Charlie Baker. Michelle Pemberton/IndyStar / USA TODAY NETWORK

Can Congress fix NIL 'dysfunction' as NCAA president urges?

The president of the NCAA, Charlie Baker, made a long-winded plea on X on Friday, urging the U.S. Congress "to create national NIL guidelines" in order to "protect student-athletes from exploitation."

"We continue to see evidence of dysfunction in today’s NIL environment, including examples of promises made but not kept to student-athletes," he wrote. "Just as anyone that owns stock or buys a house is afforded basic consumer protections, it's clear that student-athletes entering NIL contracts should be too."

Baker's comments come in the wake of UNLV quarterback Matthew Sluka's sudden departure from the football program after he alleged an assistant coach did not follow through on $100,000 promised to him.

Name, image and likeness (NIL) payments are now allowed in college athletics and have become predominant in football and basketball. The NCAA settled several anti-trust lawsuits in May that open the door to schools paying student-athletes directly (once the settlement is approved by a federal judge).

However, as Baker notes in his post, the NCAA does not "have the authority to mandate" student-athletes or institutions to utilize resources from its NIL Assist platform, a program aimed at providing "template contracts" and "recommended, fair terms" for business agreements.

What would federal NIL legislation even look like?

It's difficult to predict what kind of regulations would appear in federal NIL legislation but it's clear the college athletics landscape is in dire need of enforceable guidelines.

If student-athletes are going to be paid like employees then some form of current federal labor laws are going to need to be applicable — especially with alumni suing institutions over alleged missing back pay.

Legendary former Alabama head coach Nick Saban made some sensible points on "The Pat McAfee Show" on Friday, providing a potential starting point for any sort of NIL regulations.

"I think the players need to be protected," he said, suggesting certification for player representatives should be required. "None of the players in college have any protection from anyone. Anybody can be an agent, anybody can be that third party on the street telling a guy what to do."

If Congress were to take up any NIL legislation, it would likely require accreditation for those representing student-athletes in business dealings just as the NFL Players Association does.

Saban also proposed players being able to keep NIL business agreements, but also coming to some sort of revenue-sharing agreement with schools (something that will be semi-sorted with the NCAA's anti-trust settlement).

"Name, image, likeness has kind of turned into 'pay-for-play,'" he continued. "So if we're going to do that why don't we just revenue share with the players, and they can still have name, image and likeness."

Whether "pay-to-play," like Saban described it, becomes formally legal is yet to be seen, but that would open another can of worms altogether.

Politics, of course, will always inject itself into the process. Representatives from all 50 states (all with different commerce laws) will give their two cents on how the institutions in their districts can best benefit.

It'll be a long and tedious path. However, some form of NIL reform is not impossible to figure out in the long run.

Austen Bundy

Austen Bundy is a journalist and sports junkie from the Washington, D. C. area

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