OR Legislative hearing regarding student athlete compensation at universities and colleges
HB4119 will protect Oregon universities and student athletes from NCAA policy inaction
Salem, Ore. (Feb. 6, 2024): Oregon legislators heard testimony today related to HB4119 that would amend name, image, likeness (NIL) legislation regarding student-athlete compensation and Oregon universities and colleges. Without this amendment, Oregon student-athletes will be at greater risk of meritless and unsubstantiated enforcement actions from the NCAA, and colleges and universities will be at a competitive disadvantage with colleges and universities from states that have passed similar legislation, threatening their economic contribution to the state of Oregon.
Testimony was provided by: Cami Wilson, University of Oregon acrobatics and tumbling student athlete; Scott Leykam, University of Portland VP of Athletics; and Max Forer, college sports expert and attorney at Miller Nash LLP.
“Universities, colleges, students and states are still adjusting to the fact that student athletes can now be compensated for their name, image and likeness,” said Max Forer, a leading expert on sports legal matters at Miller Nash LLP. “This amendment further protects Oregon student athletes, universities and colleges from the NCAA’s lack of clear rules and guidance around NIL activities.”
In 2021 and 2022, the state of Oregon established itself as a national leader in protecting Oregon student-athletes and their colleges and universities with name, image, likeness legislation (SB5 and SB1505). However, the NCAA’s ambiguity around NIL policies and rules have created a difficult operating environment for colleges, resulting in many states amending their NIL laws, including Arkansas, Oklahoma, Texas, Missouri, New York and Colorado, with others in process.
The NCAA had two years to move from its interim guidance to a comprehensive and fair framework for NIL but has failed to do so. Because of this, colleges and universities lack clear guidance on how to support their student-athletes’ NIL activities. These problems have been exacerbated by the NCAA changing the standard of proof to “circumstantial evidence,” which deprives student-athletes and colleges and universities of due process by requiring them to prove their innocence when faced with allegations that are circumstantial, such as an anonymous tip or news story.
“We must protect our institutions and Oregon student-athletes,” Forer said. “As it stands now, the NCAA has broad authority to use circumstantial evidence to determine that an Oregon student-athlete is ineligible to compete in athletic competition and impose punitive sanctions against Oregon colleges and universities, including post-season bans, reduction in scholarships, suspending coaches, recruiting restrictions and fines.”
Proposed Amendments: The proposed NIL amendments will protect Oregon student-athletes and colleges and universities by clarifying existing policy in SB 5 and SB 1505, so that:
- Oregon student-athletes and colleges and universities can rely exclusively on Oregon law to guide their NIL activities and may not be investigated or sanctioned by the NCAA so long as they comply with Oregon state law; and
- Oregon colleges and universities can assist student-athletes in identifying, facilitating, enabling and supporting NIL opportunities.
Miller Nash has a long history of counseling clients on matters involving athletic departments, student-athletes and on-campus sports and entertainment events. Their expertise includes structuring NIL deals with collegiate athletes, drafting agreements for promotional campaigns, negotiating with sports agents and large sports agencies. The firm continues to shape first-of-their-kind NIL deals, some that have been replicated around the country. Miller Nash’s higher education team works on front-end compliance, such as developing and implementing Title IX regulations and guidance, advising clients on NCAA regulatory affairs, defending against state and federal lawsuits, and counseling education clients on intellectual property matters, nonprofit organization and governance, licensing and affiliation agreements, athletic-related employment issues, and construction contracting and financing.
Miller Nash is a nationally recognized, industry-focused law firm with offices in Oregon, Washington, California, Idaho and Alaska. Miller Nash is administratively organized by industry teams to ensure that our professionals develop a deep understanding of the business issues and opportunities faced by our clients. Their industry teams include: construction; cannabis; education; energy; financial services; real estate development; and technology, while the firm also serves a broad range of clients with business, employment, tax and litigation needs.
*********************************************************************
2023-24 Area Conference Schedules: Conference and Team Links
Know some top athletic performances? Seeing some great teams in action?
We can use your help, and it’s simple. Witness some great performances? Hear about top athletes and top teams in our area?
Athlete of the Week and Team of the Week:
Nominate an athlete or team: HERE
**********************************************
Pancakes or Waffles! We feature top area athletes with our world-renowned feature. Send us your nominations for who you’d like us to interview HERE
College Athlete Roundup! We want to recognize student-athletes from the area who are competing at the college level. Send us information on college athletes from the area with our simple form HERE
Where are they Now? We feature athletes and difference makers from the past, standouts in sports who excelled over the years and have moved on. Know of a former athlete, coach, or difference maker who we should feature? Know of a former standout competitor whose journey beyond central Wisconsin sports is one we should share? Send us information on athletes and difference makers of the past with our simple form HERE
Baked or Fried! We also feature difference makers throughout central Wisconsin: coaches, booster club leaders, administration, volunteers, you name it. Send us your nominations for who you’d like us to interview HERE
We welcome your stories! Contact us at [email protected]!
Author: David Keech
David Keech is a retired teacher and works as a sportswriter, sports official and as an educational consultant. He has reported on amateur sports since 2011, known as 'KeechDaVoice.' David can be reached at [email protected]
