Athlete Compensation, Scholarships and Benefits - The Drake Group Education Fund

The Drake Group Examines 2023 Congressional Efforts to Alleviate the College Athlete NIL Chaos - Representatives of the NCAA, prominent athletic conferences, and athletics administrators have been pacing the halls of Congress asking their Senators and Representatives for federal laws that would negate the patchwork of state laws that gave college athletes name, image, and likeness employment rights outside their education institutions. Such employment is a good thing for athletes, ... Read more
WEBINAR #9 FOLLOW-UP QUESTIONS AND ANSWERS “Lack of Accountability for Athlete Abuse in College Athletics” - Over the last few decades, reported stories of athlete abuse in college athletics have become more frequent and more egregious. Incidents of abuse – including physical, mental, and sexual – have been swept under the carpet, and perpetrators are often able to resign and find employment at other institutions. The media as a whole is ... Read more
Webinar #5 FOLLOW-UP QUESTIONS AND ANSWERS – Title IX and the NIL Marketplace - A regular feature of our webinar series is “Follow-Up Notes/Q&As” which provides a link to the recorded webinar, answers to questions from the audience that panelists did not have the time to address (prepared by Drake Group experts), and information on previous and next webinars. This edition covers audience questions related to panelists’ discussion of ... Read more
NILs and Title IX: Educational Institutions Must Fix their Promotion, Publicity, and Recruiting Inequities Critical to the NIL Monetization Success of College Female Athletes and Must Not Use Third Parties to Evade Their Title IX Obligations - Universities must not only focus on their own Title IX compliance obligations to provide male and female athletes with equal participation opportunities, athletics scholarship support, and equal treatment and benefits (including promotion, publicity, and recruiting), they must also require the third parties they establish, control, assist, or benefit from — conferences, national governing organizations, businesses, ... Read more
WEBINAR #2 – FOLLOW-UP QUESTIONS AND ANSWERS Millionaires or Minimum Wage? Current and Former College Athletes Speak on College Athlete Compensation (August 26, 2021) - A regular feature of The Drake Group Webinar Series — Critical Issues in Collegiate Athletics is “Follow-Up Questions and Answers” which provides answers to questions from the audience that panelists did not have the time to address. See Webinar #2 Q&As Here (PDF) Click Here for full recording of the Webinar
WEBINAR #1 – FOLLOW-UP QUESTIONS AND ANSWERS -The Brave New World of College Athlete Compensation – The Experts Speak (August 19, 2021) - A regular feature of The Drake Group Webinar Series — Critical Issues in Collegiate Athletics is “Follow-Up Questions and Answers” which provides answers to questions from the audience that panelists did not have the time to address. See Webinar #1 Follow-Up Q&As (PDF) See Webinar #1 recording (PDF)
Drake Director Sommer Pens Seattle Times Op-Ed on Senate Athlete NIL Hearing - Julie R. Sommer is a Seattle attorney, a former collegiate swimmer at the University of Texas and U.S. National Team member and serves on the Board of Directors of The Drake Group, a national think tank dedicated to academic integrity and advocacy on behalf of college athletes. She pens an insightful op-ed on the role ... Read more
The U.S. House NIL Bill, Student Athlete Level Playing Field Act, Is Improved but Still Needs Further Specification - The Drake Group commends lead sponsors Representatives Anthony Gonzalez (R-OH) and Emanuel Cleaver (D-MO), for the reintroduction of their bipartisan bill, the Student Athlete Level Playing Field Act, in the 117th Congress that prohibits the NCAA and other national or conference governance organizations or their member institutions from declaring college athletes ineligible for participation because ... Read more
Moran Legislation is Another NCAA Reform Proposal that Deserves a Closer Look - The Moran Bill permits intercollegiate athletes to monetize their names, images, and likenesses (NILs), and at its core is similar to recent proposals put forth by Senators Chris Murphy (D-CT) and Cory Booker (D-NJ) and Richard Blumenthal (D-CN). The bill also mirrors many of The Drake Group’s proposals, including broad NIL rights for college athletes ... Read more
Federal NIL Legislation Chart - A side-by-side comparison of legislation filed in the 116th and 117th Congress to date on the issue of college athlete compensation for their independent monetization of the use of their names, images, and likenesses.
The “College Athlete Economic Freedom Act” is a Step Forward - NEW HAVEN, Conn. – The Drake Group shares observations on the “College Athlete Economic Freedom Act” proposed by Senator Chris Murphy (D-CT) on February 5, 2021. This bill was also introduced by Congresswoman Lori Trahan (D-MA) in the House. The “College Athlete Economic Freedom Act” pertains directly to NIL (Name, Image, and Likeness) rights for ... Read more
The Drake Group Strongly Supports “College Athletes Bill of Rights” Introduced in the 117th Congress - On August 3, 2022, U.S. Senators Cory Booker, Richard Blumenthal, Brian Schatz, Ron Wyden, and Alex Padilla re-introduced the “College Athletes Bill of Rights” legislation aimed at advancing justice and opportunity for college athletes. “The College Athletes Bill of Rights bill is long overdue and extremely important,” said Andrew Zimbalist, President of The Drake Group. “It protects college athletes’ rights ... Read more
Collegiate Athlete Compensation Rights Act Misses Mark on What is Needed to Protect the Independent Publicity Rights of College Athletes - The Drake Group reviewed the Collegiate Athlete Compensation Rights Act introduced by U.S. Senator Roger Wicker (R)-Mississippi on December 10, 2020. The stated purpose of Senator Wicker’s bill is to protect the rights of college athletes, to provide for transparency and accountability with respect to college athlete name, image, and likeness (NIL) agreements, and to ... Read more
NCAA and NAIA Give It the “Old College Try” with NIL Proposals, but Do Not Go Far Enough - On November 16, 2020, the National Collegiate Athletic Association (NCAA) issued its proposed bylaws to be considered at its January 12-15, 2021 Convention. Included therein are the long-awaited new bylaws that would allow NCAA athletes to be compensated for the commercial use of their own Names, Images, and Likenesses (NILs), subject to certain restrictions. If adopted, ... Read more
Webinar #2 – MILLIONAIRES OR MINIMUM WAGE? College Athletes Speak on Athlete Compensation (August 26, 2021) - Current and former college athletes answer questions on the new name, image, likeness rules allowing athletes to make money while retaining their eligibility to participate in intercollegiate athletics. Moderator: Katie Lever, Chief Communications Officer, The Drake Group. Panelists: MAURICE CLARETT, nationally acclaimed author, former Ohio State running back, BRIANNA ELLIS, sophomore point guard, U. of ... Read more
Webinar #1 – The Brave New World of College Athletes Compensation: The Experts Speak (August 19, 2021) - National experts answer questions on the new name, image, likeness rules allowing athletes to make money while retaining their eligibility to participate in intercollegiate athletics. Moderator: Katie Lever, Chief Communications Officer, The Drake Group. Panelists: VAL ACKERMAN, Commissioner, Big East Conference, LEN ELMORE, Co-Chair, Knight Commission on Intercollegiate Athletics, BLAKE LAWRENCE, Co-Founder and CEO, Opendorse, ... Read more
State-by-State Legislation on College Athlete Name/Image/Likeness – A Drake Database - The Drake Group is maintaining a state-by-state database tracking all state legislative actions recognizing the rights of college athletes to monetize their own names, images, and likenesses (NILs) via employment and endorsements outside their collegiate institutions. Questions should be directed to Drake board member Julie Sommer at jsommer@jsommerlaw.com. SEE QUICK EXECUTIVE SUMMARY AND FULL DATABASE ... Read more
Message To Congress On NCAA Reform: NIL Income Yes, Cash Income No - By Dr. Andrew Zimbalist and Dr. Donna A. Lopiano Originally published September 15, 2020 Thirty-four states have proposed or passed legislation to allow their college athletes to earn income from their names, images, and likenesses (NILs). Unfortunately, there is considerable variation in what these bills provide. It would be unworkable for colleges in the same ... Read more
Drake Group Calls for Congress to Enact College Athlete Protections: A Legislative Proposal - On August 3, 2020, U.S. Senators Cory Booker, Richard Blumenthal, Christopher Murphy, Kirsten Gillibrand, Ron Wyden, Mazie Hirono, and Kamala Harris issued a “College Athletes Bill of Rights” statement that sought to advance justice and opportunity for college athletes and promised future legislation to realize their position. On August 13, they were joined by Senators ... Read more
The Drake Group Raises Concerns Regarding July 22 U.S. Senate Judiciary Hearing Testimony on College Athlete NILs/Compensation - The Drake Group is encouraged that the U.S. Senate Committee on the Judiciary reviewed issues related to integrity in intercollegiate athletics on July 22, 2020. While the hearing mostly focused on Name, Image, and Likeness (NIL) rights along with various state and federal NIL proposals, there were also important exchanges on COVID-19, concussions, racial disparities, ... Read more
Drake White Paper: College Athlete Name, Image and Likeness – Issues Causing Confusion - The Drake Group has fielded a number of questions from Congressional offices on NIL issues. There are three issues that appear to cause considerable confusion: (1) the meaning of “institutional revenue sharing with college athletes,” (2) group or joint licensing with the athlete’s institution, and (3) the extent to which Congress should grant a “limited ... Read more
The Drake Group Raises Concerns Regarding July 1, 2020 U.S. Senate Commerce Committee Hearing on College Athlete NILs Compensation - The Drake Group believes that several specific issues raised during the July 1, 2020, U.S. Senate Commerce Committee Hearing on “Exploring a Compensation Framework for Intercollegiate Athletics” are misleading to both members of Congress and the general public. Three serious concerns regarding testimony pertaining to NIL compensation were detailed: Claims that NIL laws would perpetuate ... Read more
College Athletes Should Give U.S. Senate NIL Bill a Failing Grade: Criticism of the Fairness in Collegiate Athletics Act - College Athletes Should Give U.S. Senate NIL Bill a Failing Grade: Criticism of the Fairness in Collegiate Athletics Act The Drake Group shares observations critical of the Fairness in Collegiate Athletics Act, a federal bill intended to protect the employment rights of college athletes proposed by U.S. Senator Marco Rubio of Florida. The Act gives ... Read more
A Comparative Analysis of U.S. Senator Rubio’s Proposed Federal Name/Image/Likeness (NIL) Bill and the new Florida NIL Statute - A Comparative Analysis of U.S. Senator Rubio’s Proposed Federal Name/Image/Likeness (NIL) Bill and the new Florida NIL Statute The Drake Group was asked to provide a comparative analysis of the first state name/image/likeness legislation that would go into effect during the summer of 2010, the Florida Intercollegiate Athlete Compensation and Rights (SB646) which was signed ... Read more
Criticism of April 29, 2020, NCAA Board of Governors’ Guidelines for Future NCAA and Federal NIL Legislation - Criticism of April 29, 2020, NCAA Board of Governors’ Guidelines for Future NCAA and Federal NIL Legislation On April 29, 2020, the NCAA issued a press release announcing its Board of Governors’ action responding to the comprehensive April 17, 2020, NCAA Federal and State Legislation Working Group Final Report regarding college athletes commercializing the use ... Read more
Critical Analysis of Proposed Models of College Athlete Compensation - Critical Analysis of Proposed Models of College Athlete Compensation The Drake Group believes that the current pressure on higher education institutions to pay college athletes well beyond the full cost of education has been created by root failures of the National Collegiate Athletic Association (NCAA) to: articulate and implement an educational sport system that allows ... Read more
Compensation of College Athletes Including Revenues Earned from Commercial Use of Their Names, Images and Likenesses and Outside Employment - Compensation of College Athletes Including Revenues Earned from Commercial Use of Their Names, Images, and Likenesses and Outside Employment The media reports strongly expressed opinions of various NCAA, conference, and institutional athletics administrators who maintain that allowing athletes to exploit their own NILs could not be accommodated without causing profound negative changes in the nature ... Read more
The Drake Group Endorses Effort in California to Allow College Athletes to Profit off Name, Image and Likeness - PRESS RELEASE – JULY 18, 2019 For immediate release For more information: Dr. Fritz Polite, Ph.D. President The Drake Group (407) 758-0811 fpolite@su.edu www.TheDrakeGroup.org The Drake Group Endorses Effort in California to Allow College Athletes to Profit off Name, Image and Likeness WEST HAVEN, CONN — Today the Drake Group issued a strong statement in ... Read more
The Drake Group Response to Declaration of James E. Delany in Support of the NCAA’s Class Certification Opposition Brief - Our goal in this report is to provide information on whether NCAA restrictions on athletes’ free participation in the lucrative market for their images, likenesses and names is necessary either to uphold the principles of amateurism or to preserve the activity of intercollegiate athletics. The Drake Group is a national organization of faculty and others, ... Read more
Drake Group Scholarship Proposal Adopted By NCAA - In 2004, several members of the Drake Group carried picket signs on the sidewalk in front of the Hyatt Hotel in San Antonio where the basketball coaches were staying during the Final Four. Liz Clarke from the Washington Post described the Drake members as “graying university professors trying to sell something radical. The product they’re ... Read more
TDG Presidents Meet with Ralph Nader to Discuss College Sports - Drake Group officers Jason Lanter, Kadie Otto, and Allen Sack met with consumer advocate Ralph Nader last summer to discuss Nader’s proposal to replace athletic scholarships with need-based financial aid in college sports. According Lanter, the immediate past president of The Drake Group, “Nader’s defense of need-based aid for athletes in big-time college sports places ... Read more
Athletic Scholarship Rules Should be Clear - Former California Governor Arnold Schwarzenegger signed the Student-Athletes’ Right to Know Act last fall. This requires California colleges and universities to publicly disclose, among other things, their policies regarding sports-related medical expenses and the renewal or cancellation of athletic scholarships. A similar bill is before the Connecticut General Assembly. This bill is long overdue. Follow ... Read more
Ralph Nader and “Pay for Play” - Even the consumer advocate and former presidential candidate Ralph Nader, a relative newcomer to the debate over paying college athletes, was able to use the media frenzy around March Madness to launch his own proposal to eliminate athletic scholarships altogether. The tepid to hostile reaction his proposal brought in many circles, including at the NCAA, ... Read more
Making Peace with the NCAA - Much to my surprise the NCAA, under the leadership of President Mark Emmert, has recently enacted financial aid reforms that I have supported for many years. Critics have argued that the changes amount to little more than “window dressing,” but a strong case can be made that the revival of multi-year scholarships makes athletes students ... Read more
Real Scholarships Need to Make a Comeback - I have always believed that colleges and universities that treat athletes like employees should have to pay them and provide other employment benefits. Under common law, an employee is a person who performs services for another under a contract of hire, subject to the Follow this link to read the US News and World Report ... Read more
College Athletes Have the Legal Right to Unionize - I have always believed that colleges and universities that treat athletes like employees should have to pay them and provide other employment benefits. Under common law, an employee is a person who performs services for another under a contract of hire, subject to the other’s control in return for payment. The unionization movement at Northwestern ... Read more
Collegiate Athletics Reform: The Tainted Glory of College Sports - No doubt, Ridpath’s book will be considered by NCAA , college, and government officials as well as media supporters and other defenders of the status quo, as just the latest in a very long list of revelatory books on the corrupt college sports entertainment business – books they seem to believe are akin to attacks ... Read more
Caveat Emptor and Prospective College Athletes - Absent federal and/or state, Bills of Rights for prospective college athletes, Truth in Recruiting legislation, or NCAA Transparency and Accountability Acts, unwitting recruits face quadruple jeopardy, i. e., double-double jeopardy, when they buy into the recruitment packages proffered by NCAA member colleges and universities. This exploitation is especially hard on the academically disadvantaged. How might this be? ... Read more
Principles of Amateurism Undermined Long Ago - The NCAA’s bedrock amateurism principles of many years ago — which required colleges and their business partners to treat athletes like other students, and not as commodities — were long ago undermined by unrestrained commercialism and related academic corruption. »Read more