Coalition for Future of College Athletics established by 28 D-I leagues focused on NIL reform
The push for NIL legislation has reached a pivotal moment.
Twenty-eight Division I conferences have formed the Coalition for the Future of College Athletics (C4FCA), launched Wednesday morning. It’s the most drastic step yet by conference commissioners to push Congress for a federal NIL mandate.
Spearheaded by the Power 5 commissioners, the C4FCA released a bulleted wish list of items it hopes to see in an NIL bill: The elimination of state laws, create a level playing field, prohibit inducements, set up uniform oversight and enforcement of NIL, establish athletes are not employees of universities and recognize Title IX preexisting requirements.
At the forefront of the alliance’s mission is to codify athletes are not employees of universities. This comes in the post-Alston world, as the NCAA attempts to defend itself from legal forces that are closing in on the amateur model.
The high-stakes House antitrust case is proceeding in Oakland, while the Johnson lawsuit is ongoing in Pennsylvania. Meantime, the important National Labor Relations Board hearing begins this month over the unfair labor practices charges against the NCAA, Pac-12 and USC.
Every conference in the coalition is in Division I. The coalition’s website features a prewritten email, where college sports fans and athletes can send an email to their elected officials in “one click.”
Ten Congressional hearings on NIL and college sports have been held since 2020, with the most recent coming in early October. The hearing was highlighted by NCAA president Charlie Baker, Big Ten commissioner Tony Petitti and Notre Dame athletic director Jack Swarbrick all describing how athletes earning employee status would send college athletics into chaos.
Sources have indicated in recent days that Sen. Ted Cruz is pushing for an 11th hearing, to be held by the Senate Commerce Committee. The soonest possible date could be Nov. 8, while another source identified early December as a realistic target date.
According to a source, the driving force behind the coalition is to start a national grassroots campaign focused on pressuring Congress to move forward with NIL legislation. More conference commissioners across the college sports landscape are expected to visit Washington, D.C., in the coming weeks.
“C4FCA will serve as an umbrella for all stakeholders – conferences, universities, student-athletes, alumni, fans and more – as it encourages Congress to pass a uniform, federal NIL standard and secure the future of all college sports,” the coalition wrote in its release.
Commissioners remain leading voice on NIL reform
While some of the nation’s top athletic directors have called out the NCAA for its lack of a Plan B to address NIL concerns across college athletes, commissioners are in lockstep with NCAA president Charlie Baker in pleading with Congress for reform.
Since the Supreme Court handed down its Alston decision, the NCAA has hesitated to pass and enforce rules. Much of that is rooted in avoiding lawsuits. The governing body already has enough legal battles to deal with. The NCAA cannot afford to open itself to more litigation.
At their league’s media days this past summer, names like Greg Sankey, Tony Petitti, Brett Yormark and Jim Phillips all touched on their time spent on Capitol Hill working with elected officials to craft a federal NIL mandate.
Wednesday’s decision to form the Coalition for the Future of College Athletics is the latest move from commissioners to back the NCAA’s wish for NIL reform to come from Washington, D.C. How quickly the alliance creates movement in Congressional chambers remains to be seen. A piece of NIL legislation has never even made it to the floor for debate, never mind a vote.
The full list of conferences in the coalition includes: American Athletic Conference, America East Conference, Atlantic Coast Conference, Atlantic Sun Conference, Atlantic 10 Conference, BIG EAST Conference, Big Sky Conference, Big South Conference, Big Ten Conference, Big 12 Conference, Big West Conference, Conference USA, Horizon League, Mid-American Conference, Mid-Eastern Athletic Conference, Missouri Valley Conference, Missouri Valley Football Conference, Mountain West, Ohio Valley Conference, Pac-12 Conference, Pioneer Football League, Southeastern Conference, Southwestern Athletic Conference, Southern Conference, Summit League, Sun Belt Conference, West Coast Conference and the Western Athletic Conference.
What does this mean?
The real question remains — is this really the time for NIL reform? Last month’s legislative hearing on the future of college sports came with the backdrop of the House struggling to find a new Speaker, which ended after three weeks. But a war is still raging on in the Ukraine. Israel has begun a ground assault on Gaza after Hamas terrorists attacked the country. A Presidential election is closing in, while the nation could face another government shutdown situation.
Seven bills have been introduced or floated as drafts in recent months, all addressing college sports and NIL in different ways. Yet each includes starkly different legislation. Democrats and Republicans cannot agree, either. Democrats believe in an expansive bill that would include healthcare and revenue sharing. Republicans want a narrow piece of legislation that in some cases would codify athletes are not university employees.
If the Coalition for the Future of College Athletics can create real momentum behind NIL legislation, it’s going to need to come to an agreement on its most favorable NIL bill. Another reason behind the alliance of 28 Division I schools was a grassroots effort. Time will tell if the coalition can sway where things stand on Capitol Hill in the fight for NIL legislation.