The NCAA’s Division I Council will meet today under different circumstances than it expected as the annual convention opens. The council, a group of 40 athletic administrators who form the NCAA’s primary rules-making body, had expected to vote today on two major pieces of legislation -- NIL and the one-time transfer rule. However, NCAA President Mark Emmert has called on the council to delay its vote on the two measures because of warnings by the Department of Justice about antitrust compliance.
The D-I Council still has plans to meet virtually today and follow its agenda, including discussion of the NIL legislation and the transfer rule. Emmert strongly recommended that the council delay the vote on them, but only the council can formally table the proposals. Divisions II and III also have votes planned this week for their own NIL legislation; it remains to be seen if they will follow through on their NIL votes.
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The Division I NIL legislation has been in the works for 20 months as the NCAA attempted to create a system for athletes to monetize their own rights. That was supposed to culminate today in a vote on the historic and groundbreaking legislation. The marketplace being created by the NCAA policymakers, however, intends to monitor every commercial deal and even deny permission if it thinks an athlete is making more than fair market value. Assistant Attorney General Makan Delrahim, who oversees the DOJ’s antitrust division, told USA Today that the NCAA is not immune to antitrust laws. “Its rules must be the least restrictive possible so as not to illegally harm competition,” Delrahim said.
The D-I Council’s vote on NIL legislation was already in jeopardy, even before the DOJ’s letter to the NCAA on Friday. There had been robust debates among athletic directors about how much they should regulate college athletes’ commercial activity, causing uncertainty among the members of the council. LEAD1 President & CEO Tom McMillen, whose group makes up the 130 FBS athletic directors, told SBJ last week that there was enough division on NIL issues that he would not be surprised if the council delayed the vote.
