HBCU Commissioners Challenge White House, Congress On Proposed NIL Legislation

HBCU commissioners met with Congressional and White House officials to discuss pending NIL bills that negatively impact HBCUs.

HOUSTON —  The major historically black colleges and universities (HBCU) athletic conferences are led by commissioners Jacqie McWilliams (CIAA), Sonja Stills (MEAC), Dr. Anthony Holloman (SIAC), and Dr. Charles McClelland (SWAC) —  also known as the "4HBAC."  The four sports conferences' leaders traveled to Washington, D.C. to engage in critical discussions at the White House and in Congress about pending NIL legislations that could cripple sports programs at HBCUs.  Fortunately,  prominent figures like Sen. Cory Booker, Sen. Richard Blumenthal, Sen. Maria Cantwell, Rep. Alma Adams, and Rep. Colin Allred, as well as Chiefs of Staff and staffers were willing to listen and take action on behalf of the black college sports leagues and their member institutions. 

"It's beyond just the name, image, and likeness conversation for us," Commissioner Jacqie McWilliams said to HBCU Legends. "I think it was the opportunity to make sure they knew who we were. The advocacy that we have, with college athletics, but also the higher education and academics on our campuses. Most of them are working with our presidents and tag teaming as a strength of leadership - we're trying to protect the interests of our students and student-athletes across HBCUs."

THE HBCU NIL LEGISLATION DELIMMA

The recently proposed NIL bill requires schools to begin classifying student-athletes as employees.  Should it become a law, the 4HBAC believe it would burden HBCUs and force them to the dismantle parts of athletic programs across the country.  Several of the Capitol Hill supporters noted the potential harm the bill would cause and oppose the legislation.

The meetings were aimed for the 4HBAC to exhibit their leadership and influence to the Capitol Hill decision makers, address their letter to Congress, and attempt to influence lawmakers against approving the pending NIL (name, image, and likeness) legislation.

"We represent over 50 institutions, 15,000 student-athletes at Division I and Division II levels," Dr. Anthony Holloman noted. "So it was important for us to weigh in because we understand, and we support NIL, But we don't support any legislation or law that would adversely impact our institutions."

In the third paragraph of the 4HBAC's letter to Congress, they mention the risk of the upcoming decisions. "The laws have made it difficult for the 4HBAC to manage and support member institutions and student-athletes. In other cases, it has also become a challenge to retain our HBCU student-athlete population due to the differences in laws instituted from state to state."

STUDENT-ATHLETES AS EMPLOYEES POSES PROBLEMS FOR HBCUs

The financial stress on less stable HBCU institutions may force them to disband sports programs, and in some cases, completely shut down sports departments.

"If the student-athletes were deemed as employees," Commissioner Stills commented. "We know that about 80% of our students are on some type of financial aid, federal grant, etc. So, if student-athletes are employees, they will have to pay taxes. If they are already on financial aid, they will have to get a loan to pay those taxes on the salary they will be getting. So the institutions will have to find money to pay taxes for those student-athletes as well."

EDDIE ROBINSON'S PROPHETIC TESTIMONY TO CONGRESS

In 1984, Grambling State's legendary head coach, Eddie Robinson Sr., went before Congress to address the lack of exposure and television money for black colleges. "We are locked out with seemingly no place to turn. Gentlemen, I hope that the members of this committee will give every consideration to our problem and offer constructive solutions. I feel now that after these years and the great contribution that this organization has made to intercollegiate athletics, that the tail is about to wag the dog. It is, television now. It will be recruiting tomorrow. It will be academic standards after that; it will be buying athletes next until the whole college athletic structure tumbles down."

These are prophetic words from Coach Rob, as today's NIL deals are evolving into a nightmare for the NCAA.  Some fear lawmakers and legislative bodies are only getting involved to control NIL disbursements, taxing student-athletes, and coercing underfunded conferences and institutions into canceling sports.

THE TRICKLE EFFECT ON HBCU ATHLETICS

"Aside from talking about athletics, we were talking about the adverse impact that some of these proposals could have on our institutions." Dr. Holloman pointed out. The laws adversely influence enrollment on HBCU campuses and surrounding communities. Commissioner Stills added, "So if enrollment goes down, the trickle effect is funding goes down to those institutions. It impacts the community itself because a lot of our institutions are within the inner city, in those underserved communities. And so the jobs that surround athletics will be gone. Our messaging is to understand that the bills are trying to get at this 1%. It's the 99% of us can't afford this."

Hopefully, the 4HBAC's advocacy for proactive engagement will ensure HBCU voices and concerns are heard and understood by policymakers in Washington, D.C., and state capitals. Commissioner McWilliams stated, "I do believe that there is a way that students could benefit off a revenue share and opportunity." No one on Capitol Hill gave the commissioners a clear timetable for the legislation to be heard and if it would go into effect. However, the 4HBAC is optimistic that ongoing discussions on the legislative proposals will leave HBCUs unscathed.

We shall see.

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