NCAA president warns lack of NIL law could kill Division II and III athletics

NCAA President Charlie Baker urged a Senate committee Tuesday to adopt legislation establishing a national standard for name, image, and likeness for college athletes, warning the absence of regulation could kill programs at smaller schools.

Baker, a Republican who served as governor of Massachusetts from 2015 to 2023, was one of seven witnesses who testified before the Senate Judiciary Committee on the need for a national regulation on name, image, and likeness, which allows college athletes to sign endorsement and sponsorship deals.

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Sen. Lindsey Graham (R-SC), the ranking member of the committee, noted that the influx of NIL money has gone primarily to sports that generate significant revenue, namely football and men’s basketball. He asked Baker what would happen if a push to classify college athletes as employees is successful.

“I think it’s pretty clear that Division II and Division III schools would get out of the interscholastic collegiate sports business,” Baker replied.

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Baker noted the average DII school has an athletic budget between $5 million and $6 million and that 95% of schools lose money on sports programs.

“The impact on DII and DIII and, by the way, a lot of DI schools and their student-athletes would be profound,” Baker said.

The House of Representatives and the Senate have both conducted a number of hearings regarding NIL, and bills have been introduced in both chambers, generally with bipartisan support.

In the Senate, Sen. Richard Blumenthal (D-CT), who was the chairman for Tuesday’s hearing, introduced legislation along with Sens. Corey Booker (D-NJ), a former Stanford University football player, and Jerry Moran (R-KS), that would create the “College Athletics Corporation” to oversee and administer regulations for student-athlete deals.

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Meanwhile, Sens. Joe Manchin (D-WV) and Tommy Tuberville (R-AL), who was the head football coach of Auburn University from 1999-2008, introduced the Protecting Athletes, Schools, and Sports (PASS) Act in July, which would establish national NIL standards, including requiring deals to be publicly disclosed.

In the House, Reps Mike Carey (R-OH) and Greg Landsman (D-OH) introduced the Student Athlete Level Playing Field Act in May, which includes agent registration, NIL deal transparency, and banning inducements for athletes.