Collegiate & Professional Sports Law Blog

NCAA Takes Additional Steps Toward Ratification Of Name, Image, and Likeness Legislation

October 15, 2020

The NCAA has taken a further step toward the finalization of specific provisions which would allow student-athletes the opportunity to pursue endorsement opportunities for the use of their name, image and likeness. The NCAA Division I Council has approved an updated draft of proposed student-athlete name, image, and likeness rights (NIL) legislation. This revised proposal, which is still subject to further recommendations and modifications, will be presented for final approval in January 2021. It is…

Collegiate & Professional Sports Law Blog

NAIA Grants Name, Image, Likeness Rights to Collegiate Student-Athletes

By Gregg E. Clifton

October 8, 2020

While the collegiate sports world awaits the NCAA’s final position on the issue of student-athlete name, image, and likeness (NIL) rights, another college athletic governing body has stepped forward and made the initial legislative enactment authorizing student-athletes to profit from the use of their name, image, and likeness. The National Association of Intercollegiate Athletics (NAIA) has become the nation’s first college sports organization to enact specific NIL rights for its student-athletes. The NAIA serves as…

Collegiate & Professional Sports Law Blog

Bipartisan Name, Image, Likeness Bill Introduced In Congress

By Gregg E. Clifton

September 25, 2020

Legislation that would protect the rights of student-athletes to receive financial benefits from the commercial use of their name, image, and likeness (NIL), while prohibiting athletic associations, like the NCAA and colleges and universities, from preventing student-athletes from participating in intercollegiate athletics as a result of entering into endorsement contracts has been introduced in the House of Representatives. The “Student Athlete Level Playing Field Act,” co-introduced by Representative Anthony Gonzalez (R-Ohio), a former Ohio State…

Collegiate & Professional Sports Law Blog

New Jersey Grants Name, Image, Likeness Rights to Collegiate Student-Athletes

By Gregg E. Clifton & Nicholas A. Plinio

September 15, 2020

New Jersey Governor Phil Murphy’s signature on the New Jersey Fair Play Act (S-971/A-2106) will allow New Jersey student-athletes to earn financial compensation from the use of their name, image, and likeness and authorize their hiring and use of attorneys and agents without affecting their scholarship eligibility. New Jersey joins the states of California, Colorado, Florida, and Nebraska who have passed similar laws protecting the rights of student-athletes to be paid for name, image, and…

Collegiate & Professional Sports Law Blog

Senators to Introduce Additional Federal Legislation Regarding Collegiate Student-Athletes

By Gregg E. Clifton & Doriyon C. Glass

August 13, 2020

For the second time in a little more than a month, Connecticut Senator Richard Blumenthal and New Jersey Senator Cory Booker have announced plans to introduce additional federal legislation impacting collegiate student-athletes “in the coming months.” This follows the Senators’ previous introduction of the “College Athlete Pandemic Safety Act,” which would eliminate the ability of colleges and universities to use liability waivers as a basis for student-athletes to return to campus and resume training activities.…

Collegiate & Professional Sports Law Blog

Compliance Considerations for Colleges and Universities Prior To Eliminating Sports in the COVID-19 Era

By John G. Long & Gregg E. Clifton

July 16, 2020

One of the worst developments of the COVID-19 pandemic has been its impact to college sports and the unfortunate sacrifice of athletics programs across the country affecting all levels of NCAA and NAIA competition. Since March, hundreds of collegiate varsity programs have been discontinued, with more cuts likely coming. Eliminating a varsity sport is never an easy decision for college administrators. However, the current economic reality caused by the pandemic has forced many institutions to…

Collegiate & Professional Sports Law Blog

NCAA Division III Approves Blanket Student-Athlete COVID-19 Waivers for 2020-21 Seasons

By Bernard G. Dennis III & Gregg E. Clifton

July 13, 2020

A week after the NCAA Division III Membership Committee encouraged institutions to make the best decisions for their student-athletes’ “happiness, health and safety,” the Division’s Administrative Committee has provided some administrative relief for institutions should the ongoing impact of COVID-19 affect 2020-21 seasons of athletic competition. Two blanket waivers have been approved for all Division III sports: All student-athletes whose sports fail to complete more than 50% of their maximum contests/dates of competition due to…

Collegiate & Professional Sports Law Blog

Ivy League Reinforces Its Commitment to Student-Athlete Safety With Cancellation of Fall Sports Amid COVID-19 Spikes

By Gregg E. Clifton

July 8, 2020

Once again, the Ivy League has sent a loud and clear message regarding COVID-19 to the college community. The Ivy League presidents have cancelled all intercollegiate sports until at least January, becoming the first Division I conference to officially suspend its fall semester football schedule in the midst of the coronavirus pandemic. The league has reserved its decision on the potential impact of the pandemic on winter and spring sports schedules, except it has confirmed…

Collegiate & Professional Sports Law Blog

Senators Plan to Introduce Federal Legislation to Eliminate Use of COVID-19 Student-Athlete Liability Waivers

By Gregg E. Clifton & Andrew M. Gaggin

July 2, 2020

Connecticut Senator Richard Blumenthal and New Jersey Senator Cory Booker plan to formally introduce legislation, the “College Athlete Pandemic Safety Act,” to eliminate the ability of colleges and universities to use liability waivers as a basis for student-athletes to return to campus and resume training activities. Reacting to the growing number of schools, including Ohio State, SMU, Indiana, and Iowa, requiring student-athletes to sign liability waivers or “pledges,” the Senators have expressed concern that student-athletes…

Collegiate & Professional Sports Law Blog

Universities and Professional Sports Franchises Face Potential Of Unintended Legal Exposure For Well-Intentioned Employment Decisions

By Gregg E. Clifton & Andrew M. Gaggin

June 26, 2020

Despite the ongoing changes to the workplace in response to the COVID-19 pandemic, one thing remains unchanged: federal EEO laws and their role in the workplace. As colleges and universities and professional sports organizations make plans for the resumption of play in the next couple of months, university presidents and league officials must address their athletes’ ongoing safety concerns as they return to training environments in anticipation of resuming play. The need to protect the…

Collegiate & Professional Sports Law Blog

Blog Authors

NCAA Takes Additional Steps Toward Ratification Of Name, Image, and Likeness Legislation

NAIA Grants Name, Image, Likeness Rights to Collegiate Student-Athletes

Bipartisan Name, Image, Likeness Bill Introduced In Congress

New Jersey Grants Name, Image, Likeness Rights to Collegiate Student-Athletes

Senators to Introduce Additional Federal Legislation Regarding Collegiate Student-Athletes

Compliance Considerations for Colleges and Universities Prior To Eliminating Sports in the COVID-19 Era

NCAA Division III Approves Blanket Student-Athlete COVID-19 Waivers for 2020-21 Seasons

Ivy League Reinforces Its Commitment to Student-Athlete Safety With Cancellation of Fall Sports Amid COVID-19 Spikes

Senators Plan to Introduce Federal Legislation to Eliminate Use of COVID-19 Student-Athlete Liability Waivers

Universities and Professional Sports Franchises Face Potential Of Unintended Legal Exposure For Well-Intentioned Employment Decisions

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