Kentucky Gov. Andy Beshear announced an executive order Thursday that will require colleges in the state to allow their student-athletes to make money while still in school, a response to the ongoing debate over reforms to the NCAA’s name, image and likeness rules.
The national discussion over name, image and likeness (NIL) has intensified in recent weeks as legislation in six states — Alabama, Florida, Georgia, Mississippi, New Mexico and Texas — is set to take effect July 1 that would permit college athletes to benefit financially while still retaining their eligibility to play games at that level.
The new laws in these states conflict with the current NCAA bylaws that prohibit college athletes from making money while still in school, and similar laws in several other states have already been passed.
The NCAA has been working on a framework for years that would give its student-athletes more opportunities to benefit financially from their names, images and likenesses while still playing college sports, but there has been little movement from that governing body on the subject, and the new laws going into effect next week have created a de facto July 1 deadline for sweeping action.
Beshear’s executive order will ensure that college athletes in Kentucky aren’t left behind amid the changing landscape.
“Today’s step was done in cooperation with all of our public universities as well as leadership of both parties,” Beshear said in a statement after signing the executive order Thursday at the Capitol. “This action ensures we are not at a competitive disadvantage in recruiting, and also that our student-athletes have the same rights and opportunities as those in other states. For any individual athlete, their name, image and likeness are their own and no one else’s.”
Beshear’s statement noted that he was the nation’s first governor to enact name, image and likeness reform through an executive order, and it was accompanied by words of support from UK Athletics Director Mitch Barnhart, U of L Athletics Director Vince Tyra, and legislators from both political parties.
The men’s and women’s basketball coaches and football coaches at both UK and U of L also released statements in support of Beshear’s executive order.
The NCAA has been working this week to reach a temporary resolution to the issue, but — as of Thursday afternoon — nothing had been announced. NCAA President Mark Emmert has said in recent days that he was prepared to issue an executive order of his own to ensure a level playing field if the NCAA Division I Council does not bring forward a plan by July 1.
Any measure that comes from the NCAA in the coming days is expected to be a temporary bridge to a more permanent, uniform set of rules governing NIL moving forward.
In addition to the various state legislation on the issue, there has been ongoing discussion regarding federal legislation to shape NIL reforms, a route the NCAA has publicly favored.
The NCAA was also dealt a blow this week when the Supreme Court — by a unanimous, 9-0 decision — ruled against aspects of the organization’s “amateur model,” which has been a basis for not permitting student-athletes to make money while playing college sports.
WHAT IT MEANS FOR KENTUCKY
It’s not yet clear how exactly Beshear’s executive order — and other expected reforms to the NIL rules — will affect college sports in Kentucky, but the changes to long-standing NCAA practices will allow student-athletes at UK to make money in the near future.
Players should now be permitted to benefit financially from activities such as signing autographs, endorsements, and other forms of self-promotion.
The UK men’s basketball program, specifically, should reap rewards from the NIL reforms.
Kentucky Coach John Calipari said in an offseason press conference last month that he expects the Wildcats’ program to capitalize on the changes moving forward.
“Obviously, we have to wait to see exactly what the rules state,” Calipari said. “But no one should be able to do it better for men’s basketball than our program. … In my mind it should be the best in the country.”
Calipari pointed to his team’s frenzied popularity around the state, as well as a far-reaching fan base — with a vast social media presence — and pointed to a program that receives ample national exposure with television ratings that rival most NBA teams.
Part of the delay to the NIL reforms has been the confusion and disagreement over where to draw the line, in regard to how student-athletes should be able to make money off their likenesses. The NCAA has proposed relatively strict guidelines on some aspects of the process. Others have proposed a landscape that would be basically free of any kind of restrictions placed on student-athletes’ attempts to benefit financially while still in school.
A major issue in the debate revolves around recruiting, with concern among college administrators that — without clear rules for that process — high school athletes could be given major monetary inducements to attend specific schools.
It’s not yet clear what college coaches will be allowed to tell recruits and their families — as far as money-making possibilities while in school — and it’s also unclear to what extent college athletic departments will be allowed to aid and advise their athletes in the process.
Kentucky’s men’s basketball players, who have been on a statewide tour of fan camps this month, were briefed on the NIL process and possible changes to the rule a couple of weeks ago to raise awareness on their own “brand building” possibilities in the future.
UK Athletics, as a whole, revealed its revamped “Kentucky Road” initiative last week that will “prioritize putting student-athletes first in the NIL era” and feature opportunities to “enhance each student-athlete’s personal brand,” though that announcement was short on specific details amid such an uncertain environment.
Several high-profile high school recruits are already preparing for the reality of making money while playing college basketball, and Calipari mentioned NIL reforms as a way for schools like Kentucky to possibly battle emerging professional leagues, which have been signing five-star basketball recruits straight out of high school at an accelerated rate over the past couple of years.
Going into the summer, UK is viewed as one of the top college options for Jalen Duren, who is the No. 1 basketball recruit in the 2022 class and is expected to eventually reclassify to 2021 and join either a college team or a pro league in time for this coming season.
Duren has already visited Miami and Memphis this month and is expected to visit Lexington in the coming days. He also has an offer from the NBA’s G League that is expected to be in excess of $1 million.
Calipari’s comments late last month on NIL and the possibilities at Kentucky — providing a larger fan base that could translate to more money down the line vs. going the pro route — was clearly targeted at players like Duren and other uber-talented prospects that will now be able to make money while playing college sports.
Each of UK’s three assistant coaches have been asked about NIL reforms at various basketball camp stops this month. With so much uncertainty still surrounding the rule changes, there weren’t many specifics as a result of those questions.
New assistant coach Chin Coleman said he would need to wait to see the exact rules before commenting in much detail, though he did offer Kentucky fans a promise.
“We are getting educated. We’re getting educated with it every day,” Coleman said. “We talk about it every day as a staff, and I can tell you right now, there is no one on top of it more than Coach Cal. No one. I promise you.”
UK COACHES REACT TO BESHEAR’S ORDER
The statement released by Beshear’s office Thursday included individual statements from Calipari, UK women’s basketball coach Kyra Elzy, and Kentucky football coach Mark Stoops.
“We are entering into an exciting age in college athletics,” Calipari said. “At the University of Kentucky, we have always put student-athletes first and today’s executive order by Gov. Beshear — who I want to thank for making this a priority — will empower universities across the state to support their young men and women better than ever. Whether we are talking about name, image and likeness, lifetime scholarships, financial literacy, health and wellness, or player welfare, student-athletes have been at the center of every decision at Kentucky.
“With today’s announcement, we continue to take positive steps forward in supporting our student-athletes to an even greater degree statewide. They deserve our time, effort and resources in making sure they have the opportunities to benefit from the hard work they put into their athletic and educational careers. As we wait on federal legislation, our program will continue to support, elevate and educate our kids.”
Calipari, who has long voiced support for allowing college athletes to make money off their name, image and likeness while in school, tweeted more support for the measure after Beshear’s announcement.
“This is not a dilemma; it’s an opportunity for leadership to shine. Let’s goooooo!!!” the UK coach said.
“I appreciate Gov. Beshear stepping up and making student-athletes in the state of Kentucky a priority,” Elzy said in the statement. “The University of Kentucky has been a leader in name, image and likeness. I know our administration will work with the Governor’s office to ensure that student-athletes in Kentucky will continue to take the necessary steps to stay atop of NIL issues.”
“Supporting our student-athletes is at the center of Kentucky Athletics and today’s announcement is another step in that direction,” Stoops added. “Name, image and likeness issues are at the forefront of college athletics and we appreciate Gov. Beshear helping us address current needs while long-term solutions are being developed on the national level. Our established principles of educational excellence, athletic success and personal development have us well-positioned as the NIL process begins.”
