Jim Phillips calls for standardized rules across NIL landscape

On3 imageby:Andrew Graham05/17/23

AndrewEdGraham

Jim Phillips and various college athletics leaders have spent months attempting to address the supposed problem of NIL-fueled roster tampering and subsequent transfers. The ACC commissioner on Wednesday laid out some things he’d like to do to level out the playing field.

Speaking with reporters at ACC spring meetings, Phillips shared a number of action items he’d like to see implemented. Some are more extreme than others.

“But, as it relates to name, image and likeness, there has to be agent registration. There has to be a standardized contract. There has to be a registry. And then four there has to be education on campus,” Phillips said. “And that should just be open, that should be — that should be available for schools to see. Each other, etc. And I think it allows at least a little bit of disclosure that we’re not seeing in that space. The standardized contract, again, just everybody fills out the same thing whether it’s a $500 name, image and likeness opportunity or a $500,000 name, image and likeness opportunity. So, that’s part of it.”

Agent registration is something the NFL and other sports have in place and would likely have broad support from decision makers. Alabama head coach Nick Saban has signaled he’d like to see agents be registered. Education on campus is also not going to be too controversial and fall to each respective school.

A registry of NIL deals, open to other schools or the public, and a standardized contract would certainly be more difficult reforms to navigate.

On a similar note, Phillips explained that he was in Washington D.C. lobbying lawmakers recently. Currently, NIL rules are governed by the NCAA and various state laws. Phillips contended that schools competing for talent under different sets of rules — something other employers do frequently — isn’t tenable.

As such, Phillips would welcome a federal law defining what NIL is and isn’t.

“Federal pre-emption, and this is this idea of name, image and likeness, you have different laws for different states. We need some help in getting some standardization of what NIL is. I think it’s fantastic. Student athletes should absolutely be able to monetize their name, image and likeness,” Phillips said. “But at the end of the day, if you’re going to have intra and interstate competition, there has to be some level playing fields on that.”

In a separate interview, Phillips bemoaned how NIL and the transfer portal have fueled tampering

Phillips did acknowledge that the tampering element is very touch and go. While it is broadly accepted that tampering is something that happens, documented cases of NIL-fueled tampering are few and far between. And to actually enforce a rule, you have to show it was violated.

“As far as the tampering piece of it, it’s a really difficult one, because the transfer portal now has become tied to name, image and likeness,” Phillips said. “And we all know that name, image and likeness was never meant to be an inducement. It was really meant to be a serious and an honest way for young people that have great talents and a likeness and an image, that they could monetize it. That they’d be able to do that. But the two have been connected like a magnet, which is disappointing. And so that’s going on all across the country.”