Athletics Veritas is a weekly series aimed at helping higher education executives, faculty, and other stakeholders stay tuned in on trending national issues impacting college athletics, especially NCAA Division I. Athletics Veritas is created by senior DI athletic administrators around the nation.
Term-in-Ology: The ‘Professional Sports Counseling Panel’ Is a Template for Campus-Based NIL Advisory Groups
Some NCAA institutions are forming law clinics, business and entrepreneurial clinics, and other official NIL advisory boards to help student-athletes navigate NIL opportunities including contract review, review of business plans, and the like.
The approach to providing campus-level guidance and subject matter expertise to help student-athletes make informed decisions has its foundation, from an NCAA perspective, from the currently permissible “professional sports counseling panel” bylaw.
This rule permits the NCAA school to create a professional sports counseling panel that could:
(a) Advise a student-athlete about a future professional career;
(b) Assist a student-athlete with arrangements for securing a loan for the purpose of purchasing insurance against a disabling injury or illness and with arrangements for purchasing such insurance;
(c) Review a proposed professional sports contract;
(d) Meet with the student-athlete and representatives of professional teams;
(e) Communicate directly with representatives of a professional athletics team to assist in securing a tryout with that team for a student-athlete;
(f) Assist the student-athlete in the selection of an agent by participating with the student-athlete in interviews of agents, by reviewing written information player agents send to the student-athlete and by having direct communication with those individuals who can comment about the abilities of an agent (e.g., other agents, a professional league's players association); and
(g) Visit with player agents or representatives of professional athletics teams to assist the student-athlete in determining market value (e.g., potential salary, draft status).
Additional regulatory considerations are noteworthy for any type of NIL clinic or committee. For example, a campus-based NIL law clinic generally must be operated under the state bar or state Supreme Court’s “limited practice rule” and overseen by a clinical director.
Athletics Veritas is presented for information purposes only and should not be considered advice or counsel on NCAA compliance matters. For guidance on NCAA rules and processes, always consult your university’s athletics compliance office, conference office, and/or the NCAA.
