Emmert’s advice: Next NCAA president needs ‘lot of patience’
RALPH D. RUSSO AP College Football Writer
LAS VEGAS (AP) — Outgoing NCAA President Mark Emmert had some advice for his replacement in his first public appearance since announcing in April he was stepping down from position he has held for the last 12 years.
“The job requires a lot of patience. And it requires a lot of tolerance for ambiguity and it’s got a lot of moving parts because of the scale of the enterprise,” Emmert said Wednesday during an appearance at the Sports Business Journal’s Intercollegiate Athletics Forum. “But that just means you got to stay as focused as you can on what really counts. And that’s doing the right thing by the athletes.”
Emmert, 69, has kept a low-profile during this lame-duck period as the NCAA’s leader. His tenure is set to end officially June 30, but the search for his successor is expected to be completed by the NCAA convention the second week of January.
He will leave the association, which has more than 1,100 member schools that serve half a million college athletes, as it is in the process of a sweeping reorganization and attempt to decentralize the regulation of college athletics.
Major college sports is making an awkward transition into a new era where athletes can be paid endorsers, while enforcement of rules regarding name, image and likeness has been flimsy. The games have never been more valuable media content, but the NCAA is still fighting to keep from paying the athletes like employees.
Emmert has led the NCAA through a tumultuous time when it has been battered by antitrust lawsuits and threatened by politicians. Last year’s unanimous ruling by the Supreme Court left the NCAA exposed to further legal attacks and pivoting to deregulation.
“Mark walked … in at one of — if not the most challenging time for intercollegiate athletics and has continued to lead well,” Southeastern Conference Commissioner Greg Sankey said. “I think you have to take a step back and look at how the NCAA is continuing to function as a priority and how it’s continuing to adapt, and you can make plenty of observations: ‘Well, it hasn’t done this. It hasn’t done that.’ That true in any endeavor.”
Despite all the uncertainty, Emmert said leading the NCAA is still a desirable opportunity.
“I guess I’ll confess to a little bit of envy to whoever winds up stepping in next because they get to continue to shape that amazing American institution,” he said.
Emmert called college sports a “public trust” and he conceded the job was even bigger than he thought it would be when took over in 2010. Emmert had previously served as the president at the University of Washington and LSU.
Even with that experience in higher education, Emmert admitted the governance of college sports — a representative democracy with limited power for the person sitting at the top — was complicated.
Chris Howard, executive vice president and chief operating officer of Arizona State, called Emmert “a good leader” who had a challenging role.
“It’s a different type of leadership that’s much different than that stern hand that we think we associate with leadership,” said Howard, a former college football player at Air Force who previously was president at Robert Morris University.
Emmert has faced plenty of criticism as he became the face of an increasing unpopular entity.
“I think it’s in a lot of ways inappropriate to have an administrator be the face of the NCAA,” Emmert said. “The athletes are the face of the NCAA.”
Emmert, who made $2.9 million in 2021, said the only time the criticism bothered him was when he was accused of not caring about the athletes and prioritizing generating revenue.
“That’s painful. It’s offensive. It means somebody’s not spent two minutes trying to figure out, you know, who this guy is and what he’s done all his life,” he said.
Emmert said it was fair to say the NCAA should have acted sooner on name, image and likeness, but the association’s ability to create guidelines was overrun by state laws and other challenges.
“And the legal environment right now really constrains any national entity from saying, ‘Yeah, here’s how we’re going to manage this and control it,’” he said.
He called — again — for Congress to create federal NIL legislation.
Emmert said he didn’t regret going outside the the NCAA’s normal enforcement process to punish Penn State’s football program in the wake of the Jerry Sandusky child sexual abuse case in 2014.
The NCAA was sued for the penalties and sanctions against Penn State and eventually many of them were rolled back.
“In retrospect, it would have been useful to do that a little more slowly, probably. And maybe some of the anxiety would have died down but I don’t second guess that one as much as people think,” Emmert said.
Emmert said he has played no role in choosing the next NCAA president beyond helping the Board of Governors create a job description.
“I’ve just loved 12 years of working in this space. I think college sports is one of the most consequential things that goes on in the country,” Emmert said. “And I hope people always recognize that we’re talking about changing a half a million people’s lives on an annual basis. There’s very few enterprises that do that.”
Paul Zeise: BYU owed apology now that the facts of Duke volleyball ‘scandal’ are known
Rogelio V. Solis
To hear coaches tell it, NIL deals have either helped bring them the players they were looking for or it's just another level of competition to land the most elite athletes. Recall the sparring in May between Nick Saban, the coach of perennial national title contender Alabama, and rival Jimbo Fisher at Texas A&M — with Saban's side foray into criticism of HBCU standout Jackson State and its famous coach, Deion Sanders.
Many athletes have become entrepreneurs, and some have agents. NIL also has allowed athletes to enter the transfer portal looking not only for a different team but also for a better shot at more cash from companies, brands or through the many collectives sprouting up everywhere since the July 2021 launch of the NIL era.
Rogelio V. Solis
To hear coaches tell it, NIL deals have either helped bring them the players they were looking for or it's just another level of competition to land the most elite athletes. Recall the sparring in May between Nick Saban, the coach of perennial national title contender Alabama, and rival Jimbo Fisher at Texas A&M — with Saban's side foray into criticism of HBCU standout Jackson State and its famous coach, Deion Sanders.
Many athletes have become entrepreneurs, and some have agents. NIL also has allowed athletes to enter the transfer portal looking not only for a different team but also for a better shot at more cash from companies, brands or through the many collectives sprouting up everywhere since the July 2021 launch of the NIL era.
Paul Zeise: BYU owed apology now that the facts of Duke volleyball ‘scandal’ are known
Isaac Brekken
NIL's blossoming started with a seed: a 2009 class-action lawsuit filed by former UCLA basketball player Ed O'Bannon that argued the NCAA should not be allowed to use the likeness of football and men's basketball players — past and present — to make money. O'Bannon won on the antitrust component.
In June 2021, the U.S. Supreme Court said schools can't limit education-related benefits for athletes, effectively striking down NCAA rules that kept students from getting paid or financial support beyond full-ride scholarships.
In anticipation of the ruling, California led the U.S. in passing a NIL bill in 2019, forcing the NCAA to clear the way on July 1, 2021, for athletes to earn endorsement money and kicking off a rush by other states.
Isaac Brekken
NIL's blossoming started with a seed: a 2009 class-action lawsuit filed by former UCLA basketball player Ed O'Bannon that argued the NCAA should not be allowed to use the likeness of football and men's basketball players — past and present — to make money. O'Bannon won on the antitrust component.
In June 2021, the U.S. Supreme Court said schools can't limit education-related benefits for athletes, effectively striking down NCAA rules that kept students from getting paid or financial support beyond full-ride scholarships.
In anticipation of the ruling, California led the U.S. in passing a NIL bill in 2019, forcing the NCAA to clear the way on July 1, 2021, for athletes to earn endorsement money and kicking off a rush by other states.
Paul Zeise: BYU owed apology now that the facts of Duke volleyball ‘scandal’ are known
Social media posts are the top activity that athletes get paid for, followed by licensing rights, autographs/appearances and running camps or lessons. The money is coming from brands, fans and donors. In many states, athletes aren’t allowed to endorse liquor, tobacco or sports betting.
Social media posts are the top activity that athletes get paid for, followed by licensing rights, autographs/appearances and running camps or lessons. The money is coming from brands, fans and donors. In many states, athletes aren’t allowed to endorse liquor, tobacco or sports betting.
Paul Zeise: BYU owed apology now that the facts of Duke volleyball ‘scandal’ are known
Brynn Anderson
This is a state-by-state situation, and while the laws are largely the same, there are variations.
Many states allow for a third party to connect businesses with athletes for NIL deals.
In Georgia, schools can ask athletes to pool up to 75% of their NIL money to be shared with other athletes, but it is not a requirement. In Connecticut, athletes can use their school's logo if the school agrees to it. And NIL contracts that Louisiana athletes report to their universities are considered confidential.
A few states, including Indiana, Kansas, Minnesota, New Hampshire, North Dakota and South Dakota, don't have NIL laws for college athletes. In those cases, college athletes must adhere to the NCAA's guidelines and interim policy. The NCAA says that schools can't engage in “pay-for-play” nor violate recruiting laws, meaning athletes can't get NIL money to play for a school or for their athletic performance.
This is a state-by-state situation, and while the laws are largely the same, there are variations.
Many states allow for a third party to connect businesses with athletes for NIL deals.
In Georgia, schools can ask athletes to pool up to 75% of their NIL money to be shared with other athletes, but it is not a requirement. In Connecticut, athletes can use their school's logo if the school agrees to it. And NIL contracts that Louisiana athletes report to their universities are considered confidential.
A few states, including Indiana, Kansas, Minnesota, New Hampshire, North Dakota and South Dakota, don't have NIL laws for college athletes. In those cases, college athletes must adhere to the NCAA's guidelines and interim policy. The NCAA says that schools can't engage in “pay-for-play” nor violate recruiting laws, meaning athletes can't get NIL money to play for a school or for their athletic performance.
Paul Zeise: BYU owed apology now that the facts of Duke volleyball ‘scandal’ are known
Matt Slocum
It's not for lack of trying. The NCAA and a couple of Power Five conference leaders have asked for federal legislation. Two members of the U.S. Senate — Republican Tommy Tuberville, the former Auburn coach, and Democrat Joe Manchin — are drafting a bill and want to hear from the SEC commissioner and others about how to change NIL laws. But there's been no actual movement in Washington.
Some states have “ right of publicity ” laws, which allow an individual to decide whether their name or image can be used for commercial gain. There is no such federal law.
The NCAA itself could set a national NIL policy for its three divisions, though the organization has pushed for federal legislation instead.
Matt Slocum
It's not for lack of trying. The NCAA and a couple of Power Five conference leaders have asked for federal legislation. Two members of the U.S. Senate — Republican Tommy Tuberville, the former Auburn coach, and Democrat Joe Manchin — are drafting a bill and want to hear from the SEC commissioner and others about how to change NIL laws. But there's been no actual movement in Washington.
Some states have “ right of publicity ” laws, which allow an individual to decide whether their name or image can be used for commercial gain. There is no such federal law.
The NCAA itself could set a national NIL policy for its three divisions, though the organization has pushed for federal legislation instead.
Paul Zeise: BYU owed apology now that the facts of Duke volleyball ‘scandal’ are known
John Bazemore
Male athletes lead the way in NIL activities — 62.7% vs. 37.3% for women, according to NIL platform Opendorse. Football players and men's basketball players received the highest percentage of deals when looking at the full slate of college sports (from data reported by Opendorse and other NIL platforms INFLCR and Athliance).
A few women's sports tend to follow those two, especially basketball, volleyball, softball and gymnastics.
The money is largely concentrated in Division I athletics, though DII, DIII and NAIA players have been able to obtain deals.
The more niche the sport, the less likely it is to draw blockbuster deals; think tennis, field hockey, ice hockey and rowing. But there are exceptions, as waterskiing and rifle see average deals of about $1,400 and $6,000, respectively.
John Bazemore
Male athletes lead the way in NIL activities — 62.7% vs. 37.3% for women, according to NIL platform Opendorse. Football players and men's basketball players received the highest percentage of deals when looking at the full slate of college sports (from data reported by Opendorse and other NIL platforms INFLCR and Athliance).
A few women's sports tend to follow those two, especially basketball, volleyball, softball and gymnastics.
The money is largely concentrated in Division I athletics, though DII, DIII and NAIA players have been able to obtain deals.
The more niche the sport, the less likely it is to draw blockbuster deals; think tennis, field hockey, ice hockey and rowing. But there are exceptions, as waterskiing and rifle see average deals of about $1,400 and $6,000, respectively.
Paul Zeise: BYU owed apology now that the facts of Duke volleyball ‘scandal’ are known
Wilfredo Lee
More money and maybe more regulation.
Opendorse projects $1.14 billion worth of NIL deals in 2022-23, with Power Five conference schools having the biggest share of that and, by region, the Southeast. Collectives will play a large part in the growth of NIL as they look to organize and collect funding for school-specific athletes. Look for states without NIL laws to add laws — and for states with laws to continue tinkering.
The NCAA also faces another lawsuit, which is currently in the 3rd U.S. Circuit Court of Appeals, that argues athletes should be recognized as employees of their schools.
Wilfredo Lee
More money and maybe more regulation.
Opendorse projects $1.14 billion worth of NIL deals in 2022-23, with Power Five conference schools having the biggest share of that and, by region, the Southeast. Collectives will play a large part in the growth of NIL as they look to organize and collect funding for school-specific athletes. Look for states without NIL laws to add laws — and for states with laws to continue tinkering.
The NCAA also faces another lawsuit, which is currently in the 3rd U.S. Circuit Court of Appeals, that argues athletes should be recognized as employees of their schools.
Emmert’s advice: Next NCAA president needs ‘lot of patience’
Eric Gay
FILE - NCAA President Mark Emmert speaks at a news conference at the Target Center, site of of the Women's Final Four NCAA college basketball tournament, March 30, 2022, in Minneapolis. Emmert had some advice for his replacement in his first public appearance since announcing in April he was stepping down from position he has held for the last 12 years. “The job requires a lot of patience. And it requires a lot of tolerance for ambiguity and it’s got a lot of moving parts because of the scale of the enterprise,” Emmert said Wednesday, Dec. 7. AP Photo/Eric Gay, File)
Eric Gay
FILE - NCAA President Mark Emmert speaks at a news conference at the Target Center, site of of the Women's Final Four NCAA college basketball tournament, March 30, 2022, in Minneapolis. Emmert had some advice for his replacement in his first public appearance since announcing in April he was stepping down from position he has held for the last 12 years. “The job requires a lot of patience. And it requires a lot of tolerance for ambiguity and it’s got a lot of moving parts because of the scale of the enterprise,” Emmert said Wednesday, Dec. 7. AP Photo/Eric Gay, File)
