New York has enacted a new law that empowers colleges and universities in the state to delve deeper into the realm of name, image, and likeness (NIL) without facing any penalties. This development leaves educational institutions like Siena and the University at Albany grappling with which side to align with, while athletes begin to benefit from their personal brand off the court.
According to Frank Ambrose, a Siena graduate and co-founder of Saints March On, a collective supporting Siena’s NIL efforts, schools must decide what they are comfortable doing given the conflicting guidelines from the NCAA and state law. He highlights the challenge faced by institutions in adhering to NCAA rules on one hand, while having to comply with state legislation on the other.
On June 30, Governor Kathy Hochul signed a bill aimed at preventing the NCAA, or any other governing body of college athletics, from taking any adverse action against a college that is involved in an athlete’s NIL. While it does not allow direct pay for play, the law strengthens New York’s existing NIL legislation.
Assemblywoman Patricia Fahy, who co-sponsored the bill, revealed that Syracuse University, a high-major Division I school, heavily advocated for this legislation, with local legislators from the Syracuse area backing it. Fahy emphasized that the ground is rapidly shifting on this issue, and the NCAA is struggling to keep up. She also expressed her motivation in setting the tone at a national level instead of merely reacting to the actions of other states like Tennessee.
Daniel Greene, a Syracuse attorney specializing in NIL, expressed his surprise at New York’s entrance into the NIL landscape, joining other sports-driven states like Texas and Oklahoma. Greene contrasted New York’s previous ineffective NIL law with the current notable and worthy legislation, emphasizing its significance.
The NCAA took note of these developments and issued a memo advising its members to prioritize NCAA regulations over state laws regarding NIL. The memo stressed that member schools must follow the rules, highlighting the unfairness of allowing non-compliant schools to go unpunished.
Greene speculated that the NCAA is aiming to dissuade schools from ignoring rules rather than engaging in a difficult legal battle with states. He added that, having previously suffered a loss in the Supreme Court, the NCAA, along with new president Charlie Baker, is now focused on urging the federal government to pass a national NIL law.
Carmen Maciariello, the men’s basketball coach at Siena, indicated that he refrains from engaging in NIL activities during the recruiting process. He mentioned the existence of a collective and encourages players to reach out independently if they are interested.
Siena experienced a significant loss when starting point guard Javian McCollum transferred to Oklahoma, citing his desire to test his market value through NIL opportunities. This departure highlights the impact of NIL on college athletics.
Both Siena and UAlbany athletic directors approach NIL cautiously, with Siena’s John D’Argenio declining an interview request on the topic. UAlbany’s Mark Benson mentioned that his institution ensures compliance with NCAA rules. UAlbany has a collective supporting men’s lacrosse and is considering establishing a basketball collective.
Ambrose revealed that Saints March On is consulting with lawyers to determine the permissible actions under New York law. They are exploring the possibility of raising funds within Siena’s fundraising structure. Saints March On has already raised $100,000 and secured NIL deals for five men’s basketball players, including Michael Eley, the Rookie of the Year in the Metro Atlantic Athletic Conference. They have also signed six women’s basketball players and have plans for lacrosse players.
Overall, organizations like Saints March On are making progress in navigating the complex landscape of NIL, and the collective is gaining recognition and understanding within the athletics ecosystem.
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