2024 Elections Could Reshape NCAA NIL Policies and Athlete Rights

Post-2024 elections, college sports face major NIL policy changes, as a GOP-led Congress seeks a unified federal standard, impacting athlete rights and financial frameworks.

Sen. Ted Cruz is introduced by former President Donald Trump at a rally at Million Air, a private airplane terminal at Austin-Bergstrom International Airport, Friday October 25, 2024. / Jay Janner/American-Statesman / USA TODAY NETWORK via Imagn Images

As the nation gears up for significant changes across multiple facets of society following the 2024 U.S. elections, name, image, and likeness (NIL) policies in college sports stand to be surprisingly impacted by the incoming administration. With a Republican-controlled Congress and shifting state legislatures, the industry of college athletics faces a critical juncture, navigating potential changes to athlete compensation, regulation, and the structure of college sports as a whole. These developments could touch everything from NIL agreements and athlete rights to broader financial frameworks that define collegiate athletics.

The National Collegiate Athletic Association (NCAA) and various college sports stakeholders have long called for a federal resolution to the complex, often inconsistent state-level NIL laws governing athlete compensation. This fragmented approach has led to disparities in how athletes can monetize their brands and how universities can operate within regulatory frameworks. With a Republican majority now poised to steer legislative priorities, a push for a unified federal NIL standard appears more likely. Such a measure would bring consistency and clarity to universities and athletes but raises questions about its potential limitations on athletes’ earning potential and autonomy.

Political figures, including Texas Senator Ted Cruz, are reportedly crafting legislation to address these issues. “If and when I’m the chairman of the commerce committee, NIL reform, ensuring real competitiveness so that these programs can continue going on for years and decades and centuries, that is going to be a very, very high priority,” Cruz said in front of the media earlier this season.

The legislation focuses on establishing uniform NIL regulations and resisting efforts to classify college athletes as employees. Many in college sports see this approach as a pathway to stability amid rapid changes in athlete compensation. However, it also reflects a broader effort to protect traditional college sports models and institutions, potentially at the cost of athlete empowerment and rights.

The presidential election result also signals potential shifts in how athlete rights, such as employment status, are approached. Donald Trump’s victory suggests a pivot away from recent efforts by entities like the National Labor Relations Board (NLRB) to classify college athletes as employees, potentially reshaping labor discussions around collegiate sports. This could slow or halt attempts to secure employment status and collective bargaining rights for athletes, a concept that has been met with support across the sports landscape.

State-level initiatives like Ohio Representative Brian Stewart’s proposed legislation emphasize the need for protective measures within NIL agreements, ensuring student-athletes post-college earning potential isn’t hindered by long-term, predatory contracts, as we have seen. Supported by the NFL Players Association, Stewart’s bill exemplifies the ongoing efforts to navigate the evolving NIL era with regulation and opportunity in mind.

While a unified federal standard could simplify a needlessly complex system, critics caution that it might curb recent progress in athlete independence and financial gains. As college sports adjust to a shifting political landscape, the stakes remain high for stakeholders striving to balance stability and athlete rights in this new era.