In the September/October edition of James Magazine, I wrote an article about how Georgia schools and athletes are navigating the uncharted waters of name, image, and likeness (NIL) laws. I warned readers to “hold onto their hats,” as the NCAA continues to struggle to regain any semblance of control over how student athletes should be compensated.
Well I hope you’re still holding on, because Gov. Brian Kemp on Tuesday signed an executive order that immediately allows Georgia schools to pay athletes directly.
The order also prohibits the NCAA from punishing Georgia schools for “offering compensation, or compensating an intercollegiate student-athlete for the use of such student-athlete’s NIL.” In essence, barring the NCAA from turning around and doling out retroactive punishments once the dust settles on the NIL saga.
Money used to pay athletes can not come out of state education funding, but rather from private donations or funds raised by the schools themselves.
“Student-athletes in the State of Georgia should compete on a level playing field and not forgo compensation available to student-athletes in other states while the Settlement is pending,” Kemp wrote in his executive order.
Officials from state schools – chief among them UGA and Georgia Tech – praised the decision.
“We extend our sincere gratitude to Governor Brian Kemp for his leadership today,” Georgia athletic director Josh Brooks and Georgia Tech athletic director J Batt said in a shared statement to ESPN on Tuesday. “In the absence of nationwide name, image and likeness regulation, this executive order helps our institutions with the necessary tools to fully support our student-athletes in their pursuit of NIL opportunities, remain competitive with our peers and secure the long-term success of our athletics programs.”
Sources say the schools are not expected to immediately begin paying players themselves, but do now have the option should the playing field change and peer states begin paying players directly. For now they will likely continue to use NIL collectives, which have become popular in recent years, funneling money from boosters to players without the schools’ direct involvement.
A pending antitrust settlement from the NCAA, currently stuck in the courts, could fully open the floodgates once it is resolved. Once that happens ‘Power Four’ schools like UGA and Georgia Tech will be expected to directly pay athletes from an annual pool of roughly $20 million, in addition to whatever NIL deals they may have. Kemp’s executive order seeks to keep Georgia out of the NCAA’s legal fray – and potentially out of trouble once everything is resolved.
