
Compensating College Athletes: Name, Image and Likeness
Season 28 Episode 36 | 56m 33sVideo has Closed Captions
Renee Shaw and guests discuss new policies that allow college athletes to be compensated.
Host Renee Shaw talks with her guests about compensating college athletes for using their name, image and likeness. Guests include: Jim Host, collegiate sports marketing expert; Rachel Baker, executive associate athletics director, University of Kentucky athletics; State Rep. Adam Bowling (R-Middlesboro); State Sen. Morgan McGarvey (D-Louisville); and others.
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Compensating College Athletes: Name, Image and Likeness
Season 28 Episode 36 | 56m 33sVideo has Closed Captions
Host Renee Shaw talks with her guests about compensating college athletes for using their name, image and likeness. Guests include: Jim Host, collegiate sports marketing expert; Rachel Baker, executive associate athletics director, University of Kentucky athletics; State Rep. Adam Bowling (R-Middlesboro); State Sen. Morgan McGarvey (D-Louisville); and others.
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Learn Moreabout PBS online sponsorship♪ ♪ ♪ ♪ GOOD EVENING.
WELCOME TO KENTUCKY TONIGHT, I'M RENEE SHAW.
THANK YOU SO VERY MUCH FOR JOINING US.
OUR TOPIC TONIGHT: COMPENSATING COLLEGE ATHLETES: UNTIL RECENTLY, COLLEGE ATHLETES COULDN'T PROFIT FROM THEIR OWN NAME, IMAGE, OR LIKENESS.
BUT A U.S. SUPREME COURT RULING AND STATE DECISIONS ARE CHANGING THAT.
ATHLETES, INCLUDING MANY IN KENTUCKY, ARE NOW SIGNING DEALS TO PROFIT FROM THEIR IMAGES.
GOVERNOR BESHEAR SIGNED AN EXECUTIVE ORDER, ALLOWING IT, IN JUNE.
THE GENERAL ASSEMBLY WILL CONSIDER CHANGES IN THE LAW TO BENEFIT ATHLETES WHILE ALSO PROTECTING UNIVERSITIES.
WE'LL TALK ABOUT ALL THIS WITH OUR GUESTS.
IN LEXINGTON, WE'RE JOINED BY RACHEL BAKER, EXECUTIVE ASSOCIATE ATHLETICS DIRECTOR AT THE UNIVERSITY OF KENTUCKY; TRAVIS POWELL, VICE PRESIDENT AND GENERAL COUNSEL FOR THE KENTUCKY COUNCIL ON POSTSECONDARY EDUCATION; JIM HOST, FOUNDER OF HOST COMMUNICATIONS, AND AUTHOR OF "CHANGE THE GAME: MY CAREER IN COLLEGIATE SPORTS MARKETING"; AND STATE REPRESENTATIVE ADAM BOWLING, A REPUBLICAN FROM MIDDLESBORO.
IN OUR LOUISVILLE STUDIO, WE HAVE STATE SENATOR MORGAN MCGARVEY, A DEMOCRAT FROM LOUISVILLE AND SENATE MINORITY FLOOR LEADER; AND MATTHEW BANKER, ASSOCIATE ATHLETICS DIRECTOR AT THE UNIVERSITY OF LOUISVILLE.
WE HAVE A PRETAPED INTERVIEW WITH RETIRED PROFESSIONAL BASKETBALL PLAYER AND FORMER U.K. WILD CAT JACK GOOSE GIVENS.
WE WANT TO HEAR FROM YOU.
SEND US A QUESTION OR COMMENT ON TWITTER AT KENTUCKYTONIGHT KY TONIGHT KET OR USE THE WEB FORM MAKE SURE TO CHECK THE BOX THAT SAYS YOU'RE NOT A ROBOT.
AND YOU CAN CALL 1-800-494-7605.
WELCOME TO ALL OF OUR GUESTS.
WELCOME TO OUR GUESTS IN LEXINGTON AND LOUISVILLE.
I WANT TO START WITH YOU, BECAUSE YOU ARE CONSIDERED THE COLLEGIATE SPORTS MARKETING GURU.
I WANT TO START WITH YOU ABOUT WHY IT HAS TAKEN SO LONG TO GET TO THIS POINT ABOUT NAME, LIKENESS.
WHAT HAS THE NCAA BEEN DOING AND WAS HAVE THEY NOT BEEN DOING THAT MADE US ARRIVE AT THIS POINT.
>> FIGHTING IT.
THEY FOUGHT IT FOR THE LAST 10 YEARS AND SPENT ALMOST $100 MILLION FIGHTING IT WHICH IS HARD TO BELIEVE.
THEY HAVE BEEN FIGHTING IT ALL THIS TIME AND IT ALL STARTED WITH THE O'BANNON LAWSUIT THAT HAD TO DO WITH E.A.
SPORTS WHICH THE PENNANT YOU SEE THE FOOTBALL HELMETS AND SO ON.
AND THEY WERE USING HIS LIKENESS IN A UCLA UNIFORM AFTER HE GOT OUT OF SCHOOL AND HE FILED A LAWSUIT ABOUT THAT.
AND WE WERE DOING ALL THE CORPORATE MARKETING FOR THE NCAA AND OLDSMOBILE CAME TO US ABOUT USING KAREEM ABDUL JABAR IN HIS UCLA UNIFORM AND I SAID NO BECAUSE YOU SHOULD-- THE ATHLETE SHOULD BE GETTING COMPENSATED FOR THEIR LIKENESS AFTER THEY LEAVE SCHOOL REGARDLESS.
SO I DIDN'T PERMIT IT BUT CLC WHICH WAS THEN DOING THE LICENSING FOR THE NCAA, PERMITTED IT AND SO THEY GOT SUED.
CLC GOT SUED, EXAMPLE A.
SPORTS GOT SUED AND THAT STARTED ALL OF THIS AND IT WENT THROUGH THE COURTS AND THE CASE THAT WAS STARTED BY A WEST VIRGINIA PLAYER WAS ADJUDICATED BY THE U.S. SUPREME COURT WITH ITS RULING THAT CAME DOWN IN JUNE, THE END OF JUNE.
AND EVERYBODY STARTED SCRAMBLING, INCLUDING A LOT OF SCHOOLS AND CALIFORNIA WAS THE FIRST STATE, FLORIDA WAS THE SECOND STATE, AND THEN THE GOVERNOR PASSED AN EXECUTIVE ORDER ON JULY 1 TO PERMIT THEN THE SCHOOLS IN KENTUCKY TO BE ABLE TO HANDLE IT.
I HAPPEN TO BE ONE THAT THINKS THAT WE SHOULD ACCOUNT-- THERE NO, SIR NEED FOR THE LEGISLATURE TO MOVE FORWARD ON THIS BECAUSE YOU'VE GOT THE STATE OF INDIANA.
YOU'VE GOT THE STATE OF WEST VIRGINIA, THE STATE OF VIRGINIA THAT HAVE GOT SCHOOLS THAT ARE INVOLVED WITH THEIR ATHLETES AND N.I.L.
AND THEY DON'T HAVE ANY STATE LEGISLATION BECAUSE THE GUIDELINES THAT WERE SET DOWN BY THE NCAA, WHICH U.K. THEN TRAPS FORMED AND PUT INTO THEIR RULES, AND I THINK WHERE THIS IS ALL GOING TO END UP IS THE NCAA IS GOING TO PASS A NEW CONSTITUTION, WHICH WILL BE DECIDED BY THE MEMBERSHIP SOON AND I THINK YOU ARE GOING SEE THIS EVENTUALLY END UP WITH THE CONFERENCES.
WHERE THE CONFERENCES ARE GOING TO HAVE THE THING, BUT RIGHT NOW, I THINK ALL THE SCHOOLS, AT LEAST THE ONES THAT I KNOW ABOUT, ARE HANDLING IT PROPERLY.
>> Renee: WITHOUT ANY STATE LEGISLATION.
YOU DON'T BELIEVE THAT FEDERAL LEGISLATION IS NEEDED IERTD, RIGHT?
>> NO, I DON'T.
>> Renee: WE GOING TO TALK ABOUT THAT BUT I WANT TO GET INTO SOME DEFINITIONS OF WHAT COMPENSATION IS AND WHAT COMPENSATION ISN'T.
SO IF WE COULD GET YOU, Ms. BAKER WITH THE UNIVERSITY OF KENTUCKY, TO JUST OVERALL DEFINE FOR US WHAT ARE THE GUARD RAILS WHEN IT COMES TO COMPENSATION?
WHAT'S ALLOWED AND WHAT'S NOT?
>> CURRENT CURRENTLY THERE ISN'T ANYTHING PROHIBITED IN TERMS OF DOLLAR AMOUNT THAT STUDENT ATHLETES ARE ALLOWED TO USE THE WAY IT IS CURRENTLY SET UP.
WHAT IS PROHIBITED THOUGH IS THEM ACTUALLY JUST GETTING SOMETHING AND NOT HAVING TO DO ANYTHING FOR THAT.
SO THERE IS A REQUIREMENT THAT IF THEY ARE GOING TO USE THEIR NAME, IMAGE OR LIKENESS, IF THEY'RE GOING TO GET SOMETHING FROM IT, THEY HAVE TO USE THEIR NAME, IMAGE OR LIKENESS TO DO THAT.
NO LIMITS ON COMPENSATION CURRENTLY.
AND IT TRULY HAS GONE THE RANGE IN TERMS OF WHAT STUDENT ATHLETES... >> Renee: WHAT IS THE RANGE?
>> I MEAN FREE PRODUCT TO ACTUAL MONETARY COMPENSATION.
>> Renee: WHAT IS THE HIGHEST MONETARY DOMIZATION BECAUSE THERE ARE 500 N. I.D L. CONTRACTS AT U.K.?
>> IT'S DIFFICULT TO GIVE A NUMBER AND EVERYBODY WANTS THE DOLLAR.
FOR A COUPLE REASONS... >> Renee: WE ARE TALKING ABOUT HUNDREDS OF THOUSANDS OF DOLLARS POTENTIALLY.
>> THE PROBLEM IS THE NUMBERS THAT ARE BEING REPORTED ARE DEPENDENT ON WHAT THE TUBT ATHLETE OR BUSINESS KNOWS CURRENTLY.
FOR EXAMPLE, IF A STUDENT ATHLETE HAS ENTERED INTO AN ARRANGEMENT TO SELL HOODIES OR SWEATSHIRT, WHATEVER IT MAY BE, YOU DON'T KNOW HOW MANY THEY'RE GOING TO SELL AND MAYBE WHAT THEY'RE RECEIVING IS GOING TO BE A PERCENTAGE OF THAT.
SO FROM MY PERSPECTIVE, THE DOLLAR FIGURES CAN BE MISLEADING.
A LOT OF PEOPLE LIKE TO THROW THEM OUT BECAUSE THEY LOOK COOL OR, THEY PAY HAVE PIZ PIZAZZ TO THEM TO PUT IT OUT THERE BUT IF WE ARE NOT CAREFUL IT CAN BE VERY MISLEADING.
>> Renee: I WANT TO GO TO YOUR COUNTERPART AT U OF L IN OUR LOUISVILLE STUDIO, WHAT ARE THE GUARD RAILS THAT U OF L ARE PUTTING IN.
PEOPLE ARE CONCERNED ABOUT RECRUITING, TRIP WIRES.
HOW IS U OF L OPERATIONALLING THESE RULES RIGHT NOW.
>> THANKS FOR HAVING ME.
OPERATIONALLIZEING IT THROUGH A LOT OF EDUCATION AND PROCESS AND PART OF THAT IS THE ABILITY AND EXPECTATION FOR STUDENT ATHLETES TO REPORT THEIR N.I.L.
TRANSACTIONS WHICH HELPS PROTECT THEIR ELIGIBILITY BECAUSE THERE ARE STILL NCAA RULES RELATED TO AMATEURISM, WHICH RACHEL ALLUDED TO AS IT RELATES TO THEY CAN'T JUST TAKE SORT OF MONEY THAT EQUATES TO PAY FOR PLAY.
THEY HAVE TO COMPLETE THE N.I.L.
TRANSACTION.
THAT'S THE BASELINE PEOPLE.
THE OTHER PIECE IS THE ATHLETES NAVIGATING THESE WATERS INCLUDING NOW THEY HAVE THE OPPORTUNITY TO BE REPRESENTED BY AGENTS IN THE N.I.L.
SPACE.
THAT'S ALSO FUNDAMENTAL CHANGE FROM THE LONG STANDING NCAA RULES, WHICH IS GREAT BECAUSE THEY CAN TAP INTO SUBJECT MATTER EXPERTS, PEOPLE WHO HAVE THE NETWORK TO GET THE STUDENT ATHLETES N.I.L.
DEALS BUT THAT ALSO SORT OF IS A GOOD EXAMPLE OF WHERE THE STATE AND THE SCHOOLS THEMSELVES ARE TRYING TO WORK TOGETHER BECAUSE THE AGENTS HAVE TO REGISTER WITH THE STATE OF KENTUCKY AND THOSE SORTS OF THINGS.
WE ARE IN AN INTERESTING SPACE WHERE THE NCAA RULES HAVE BACKED OFF A COUPLE STEPS.
WE HAVE INSTITUTIONS COMING FORWARD TO HELP CREATE A VERY SIMPLE BUT NAVIGATABLE PATH FOR THE ATHLETES AND THEN ALSO KNOWING THAT THE FEDERAL LEGISLATION HASN'T COME FORWARD.
SO THAT'S WHY WORKING THROUGH THE STATE LEGISLATURE LIKE MORGAN HERE AND HIS COUNTY PARTS, IS REALLY IMPORTANT TO THE SUCCESS OF THIS FOR ATHLETES IN OUR STATE.
>> Renee: SO ATHLETES WOULD HAVE TO PROBABLY GIVE A CUT TO THE AGENT AND DOES THE UNIVERSITY BENEFIT?
>> THE ATHLETES WOULD DETERMINE WHAT THEY'RE WILLING-- AND THAT'S A GOOD EXAMPLE OF THE NEGOTIATION PIECE AND THE BUSINESS SKILL DEVELOPMENT FOR THE ATHLETES THAT THEY CAN DETERMINE WITH THEIR AGENT HOW MUCH PERCENTAGE THE AGENT WILL GET.
BUT THESE DEALS ARE BETWEEN THE STUDENT ATHLETES AND THE AGENTS.
ANOTHER PIECE TO THIS THAT IS ALSO MATURING AS WE SPEAK IS RELATED TO USE OF INSTITUTIONAL MARKS AND INTELLECTUAL PROPERTY THAT THEY MAY HAVE CO-BRANDED OPPORTUNITIES WHICH WOULD THEN HAVE THE INSTITUTION PROBABLY MORE DIRECTLY INVOLVED IN.
BUT AS IT GOES, THE FIRST FOUR TO FIVE MONTHS OF THIS, SINCE JULY 1, ALL THESE DEALS ARE REALLY BETWEEN THE STUDENT ATHLETE AND THIRD PARTY.
>> Renee: JUST TO BE CLEAR ABOUT THAT.
THE UNIVERSITIES DON'T GET ANY KIND OF FINANCIAL BENEFIT FROM THESE N.I.L.
DEALS THAT ARE MADE BETWEEN THE PLAYER AND AGENT.
>> THEY DO NOT.
>> Renee: Mr.
HOST, JIM HOST HAS A DIFFERENT ANSWER TO THAT.
>> THROUGH GROUP RIGHTS, THERE IS ALREADY INSTANCE AT KENTUCKY WHERE ONE OF THE CORPORATE PARTNERS, WHICH IS WHY RACHEL HAS TO APPROVE ALL-- I ASSUME YOU ARE THE APPROVAL PROCESS FOR THE KENTUCKY KIDS THAT ARE DOING DEALS; IS THAT RIGHT?
I MEAN IT GOES THROUGH YOU?
>> YES.
>> WELL, IF THE UNIVERSITY HAS THE RIGHT OF APPROVAL/DIS APPROVAL OF ALL CONTRACTS THAT THESE ATHLETES ARE ENTERING INTO.
AND-- >> IT'S NOT A DISAPPROVAL PROCESS.
WOULD I DISAGREE WITH YOU RESPECTFULLY ON THAT.
WHAT WE ARE LOOKING FOR-- I HAVEN'T DISAPPROVED ONE DEAL.
WHAT WE ARE LOOKING FOR IS WHETHER OR NOT WHAT THEY'RE DOING ACTUALLY COMPLIES WITH THE EXECUTIVE ORDER.
>> SAME DIFFERENCE.
>> SO IF THEY DON'T COMPLY WITH THE EXECUTIVE ORDER YOU DISAPPROVE IT.
>> THERE IS NOT EVEN AN OPTION TO NOT APPROVE IT.
WHAT WE DO IS WORK WITH THE STUDENT ATHLETE, EDUCATE THEM OF WHY IT WOULD BE-- IT WOULD NOT COMPLY WITH THE POLICIES SO THEY CAN MAKE TWEAKS TO THE ORDER TOO MAKE IT COMPLIANT.
>> BUT IF THE STUDENT ATHLETE IS USING THE MARKS, THEY CAN'T USE THE MARKS WITHOUT THE UNIVERSITY'S APPROVAL.
>> THERE IS A PROCESS FOR THEM TO USE THE MARKS.
IT GETS A LITTLE MORE COMPLICATED, AS YOU WELL KNOW, DEPENDING ON HOW THEY WANT TO US USE IT AND HOW THEY WANT TO USE IT.
>> IN THE CASE OF MORGAN & MORGAN, A CORPORATE PARTNER OF KENTUCKY, THEY GOT TO USE THE MARKS WITH THE STUDENT ATHLETES BECAUSE THEY WERE A CORPORATE PARTNER.
IF IT HAD BE A NON-CORPORATE PARTNER, THEY CONTINUE COULDN'T USE THE MARK.
>> YOU ARE TRYING TO PROVIDE AN OPPORTUNITY THAT BENEFITS THE STUDENT ATHLETE THE MOST.
SO YOU TELL CORPORATE PARTNERS YOU CANNOT ENTER INTO AN RANGEMENT FOR THAT REASON OR HAVE THEM ESTABLISH AN AGREEMENT SEPARATELY AND APART FROM THE INSTITUTION TO DO THAT.
>> THE POINT IS THAT THERE ARE BENEFIT-- THERE ARE UNIVERSITIES THAT ARE BENEFITING FROM THE USE OF STUDENT ATHLETES THROUGH LICENSING.
THERE ARE A NUMBER WHO HAVE DONE GROUP LICENSES WITH VARIOUS LICENSEES.
AND THEREFORE THE STUDENT ATHLETE GETS A PERCENTAGE AND THE UNIVERSITY GETS A PERCENTAGE THROUGH ITS OFFICIAL LICENSING.
THERE ARE PROBABLY 20, AS MANY AS TWO DOZEN VARIOUS UNIVERSITIES IN THE COUNTRY NOW THAT HAVE GROUP DEALS.
>> YES.
KENTUCKY DOES NOT CURRENTLY HAVE A DEAL FOR GROUP LICENSE.
I THINK WE WOULD TAKE-- >> YOU SHOULD.
>> I HAVE HEARD YOU THINK THAT, YES, SIR.
WE WOULD TAKE THE POSITION THAT THOSE RATES NEED TO BE SET BY STUDENT ATHLETES INDIVIDUALLY AND THAT SHOULDN'T BE A RATE SET BY THE INSTITUTION.
>> Renee: SO WE ARE GOING GET TO THE LEGISLATION, I THINK ADDRESSES SOME OF THAT, TOO.
YOU WANT TO BRING IN TRAVIS POWELL.
YOUR ROLE IS DIFFERENT.
YOU SEE THE NAME IMAGE LIKENESS ISSUE AS A STUDENT SUCCESS POSSIBILITY, RIGHT?
>> ABSOLUTELY.
>> Renee: TELL US ABOUT THAT.
>> SO YOU KNOW OUR STUDENT ATHLETES ALREADY GRADUATE AT A RATE HIGHER THAN THEIR COUNTERPARTS AT INSTITUTIONS.
SO I MEAN ATHLETICS IN GENERAL IS ALREADY A HUGE COMPONENT OF STUDENT SUCCESS AND A HUGE STUDENT SUCCESS STRATEGY ACTUALLY IN PLACE.
SO WHEN YOU THINK ABOUT LOW INCOME AND UNREPRESENTED MINORITY STUDENTS PARTICIPATING IN ATHLETICS, IT'S A HUGE WAY TORE THEM TO BE MORE SUCCESSFUL ON THE CAMPUSES AND THIS IS GOING TO ENHANCE THAT EVEN MORE.
SO GIVE THEM EXPOSURE TO VARIOUS BUSINESS ASPECTS, SOME OF WHICH WE HAVE BEEN TALKING ABOUT ALREADY TODAY.
SO THEY'RE GOING TO GET AN EDUCATION ON FINANCIAL LITERACY, EDUCATION ON CONTRACTS, NEGOTIATIONS, HOW TO MANAGE THEIR NAME, IMAGE AND LIKENESS.
ALL THINGS THEY CAN TAKE WITH THEM OUT INTO THE REAL WORLD WHEN THEY GET BEYOND THAT.
>> Renee: AND NAMES OF GOOD ATTORNEYS TO HELP THEM MITIGATE ALL OF THAT?
>> YES.
>> Renee: THAT'S A LOT FOR AN 18 OR 19-YEAR-OLD KID TO FIGURE OUT.
>> IT'S A LOT TO TAKE ON AND THEY'RE ALREADY TAKING ON A LOT WITH THE RESPONSIBILITIES THEY HAVE TO DO WITH ATHLETICS NOW.
THEY'LL HAVE A LOT OF RESPONSIBILITIES WHEN THEY'RE IN THE BUSINESS WORLD, TOO.
AND THIS WILL ONLY HELP THEM GET BETTER WITH THAT AS THEY TRANSITION OUT OF COLLEGE ATHLETICS.
SO, YEAH, I THINK IT REALLY HAS A GREAT OPPORTUNITY TO ENGAGE STUDENTS BETTER AND HELP THEM TO BE MORE SUCCESS IF WILL.
>> >> Renee: AND THEY HAVE TO REPORT EACH INDIVIDUAL TRANSACTION SO FAILURE TO NOT REPORT REPORTS IN WHAT?
>> IT COULD RESULT IN LOSS OF FOR EXAMPLE ELIGIBILITY FOR COMPOSITION TITION.
WE HAVEN'T HAD THE ISSUE OF THE STUDENTS NOT REPORTING AT KENTUCKY.
WE HAVE MADE THE DISCLOSURE PROCESS VERY SIMPLE AND EASY.
IT'S THROUGH AN APP ON A PHONE WHERE THEY ANSWER FIVE QUESTIONS AND SO I FEEL VERY CONFIDENT THAT WE HAVE AN ACCURATE UNDERSTANDING OF WHAT TYPES OF ARRANGEMENTS OUR STUDENT ATHLETES ARE DOING YOU FEEL GOOD ABOUT THE COMPLOINS AND REPORTING AT THE U OF L. >> WE DO.
IT IS SOMETHING WE HAVE TO RECOGNIZE.
THIS IS NEW TO EVERYBODY.
THIS JUST STARTED JULY IS.
SIMILAR TO U.K. WE HAVE AN APP SET UP WHERE STUDENT ATHLETES THROUGH THEIR PHONES, JUST A COUPLE CLICKS AWAY CAN SUBMIT A TRANSITION ACTION REAL TIME KNOWING THAT THESE TRANSACTIONS CAN HAPPEN THAT FAST, TOO BECAUSE OF SOCIAL MEDIA INFLUENCING AND THE NATURE OF WHERE ENDORSEMENT AND ENGAGEMENT WITH N.I.L.
CAN OCCUR.
>> AND THERE COULD BE MULTIPLES OF THESE, RIGHT?
ESPECIALLY IN THE SOCIAL MEDIA SPACE AND YOU'VE GOT AN EXAMPLE OF A TRACK STAR RACKING UP A LOT OF ATTENTION RIGHT NOW.
>> IT HAS BEEN AWESOME TO SEE.
YOU KNOW, WE KNEW WAS WAS GOING TO HAPPEN WITH OUR HIGH PROFILE ATHLETES.
WE KNEW WHAT WOULD HAPPEN WITH REVENUE GENERATION SPORTS.
WE WERE HOPEFUL BUT NOT SURE WHAT WAS GOING TO HAPPEN FROM OUR FEMALE STUDENT ATHLETE PERSPECTIVE AND OLYMPIC SPORTS BUT IT'S BEEN REALLY AMAZING TO SEE EVERY SPORT HAS BEEN ABLE TO HAVE SOME OPPORTUNITY FOR THEIR STUDENT ATHLETES.
AND I BELIEVE YOU ARE REFERRING TO MASAI, IT HAS BEEN PHENOMENAL.
A GREAT OPPORTUNITY FOR HER AND SHE HAS WORKED HARD FOR IT, TOO.
>> Renee: THIS IS AN EQUALIZER WHEN IT COMES TO COLLEGE SPORTS GENDER WOO IZ?
>> A LOT OF DIFFERENT PEOPLE HAVE DIFFERENT DEFINITIONS OF EQUALIZER.
I THINK IT'S ONE THING TO HELP BUT EVERYONE PLAYS A ROLE IN MAKING THAT EQUAL, INCLUDING YOU HERE IN THE MEDIA.
I'M ONE OF-- TIME ONLY FEMALE PANELIST TALKING ABOUT AN ISSUE IN COLLEGE SPORTS.
IT TAKES MORE THAN JUST ONE THING.
>> Renee: AND FOR THE SMALLER SCHOOLS, TRAVIS POWELL, LIKE MURRAY AND WESTERN AND ALL OF THE OTHER REGIONAL UNIVERSITIES?
CAN THEY BEN FROM IT THIS AND WHAT DOES IT LOOK LIKE FOR THEIR STUDENTS.
>> ABSOLUTELY.
IT'S VERY SIMILAR, NOT AT THE LEVEL THAT IT WOULD BE FOR A U.K. OR U OF L BUT THEY'RE PARTICIPATING IN COLLEGE ATHLETE LETTICS AT A VERY HIGH LEVEL, TOO.
YOU SAW, FOR EXAMPLE, A COUPLE YEARS AGO AT MURRAY STATE UNIVERSITY JOHN MORANTZ, SECOND PICK IN THE DRAFT.
BIG TIME SPORTS IN SMALL TOWNS.
GREW NEWSPAPER WESTERN WESTERN KENTUCKY GOING TO MURRAY STATE GAMES, AND THE STADIUMS WERE PACKED EVERY GAME AND THOSE STUDENT ATHLETES COULD HAVE GOTTEN SOME NAME IMAGE AND LIKENESS DEALS HAD IT BEEN AVAILABLE AT THAT TIME.
IT CAN HELP THE SMALL CAMPUSES AS WELL.
>> Renee: I WANT TO BRING IN OUR LEGISLATORS TO TALK ABOUT LEGISLATION BEING DRAFTED.
I'LL GO TO LEXINGTON FIRST AND REPRESENTATIVE ADAM BOWLING.
GOOD TO SEE YOU.
THIS IS YOUR MADEN VOYAGE ON KENTUCKY TONIGHT I HOPE IT'S NOT THE LAST.
>> I'M SO GLAD I GOT TO DO IT DURING NO SHAVE NOVEMBER.
I GOT TO SHOW OFF WHAT I'VE DONE THE LAST 22 DAYS $WE'LL HAVE TO HAVE YOU BACK CLEAN SHAVEN.
DEAL?
>> EXACTLY.
>> Renee: SPEAKING OF DEALS.
LET'S TALK ABOUT SOME LEGISLATION.
I WANT TO KNOW HOW CLOSELY YOU WORKING WITH SENATOR Mc MCGARVEY ON THIS.
HE AND MAX WEISS CHAIR OF THE SENATE EDUCATION COMMITTEE WORKED ON THIS BEFORE IT WAS A BIG THING AS IT IS NOW.
WHAT IS IT YOU ARE WORKING ON THAT PERHAPS THE REST OF YOUR COLLEAGUES WILL TAKE UP WHEN THE SESSION STARTS IN JANUARY?
>> BASICALLY WHAT WE ARE LOOKING FOR IS KIND OF THE FRAMEWORK FOR HOW THIS PROGRAM IS GOING TO OPERATE.
AND WITH ALL DUE RESPECT, I DO BELIEVE WE NEED LEGISLATION ON THIS ISSUE.
I BELIEVE IT GIVES PROTECTIONS TO THE COLLEGE ATHLETE.
RIGHT NOW, YOU KNOW, FOR THE LAST 50 YEARS WE HAVE BEEN AT THE WHIM OF THE NCAA, RIGHT?
AND A LOT OF PEOPLE HAVE BEEN SAYING THIS CHANGE NEEDS TO HAPPEN FOR A REALLY LONG TIME IF WE DON'T PASS LEGISLATION WE ARE STILL AT THE WHIM OF THE NCAA.
WE ARE BACK TO SQUARE ONE.
RIGHT NOW THEY'RE PUTTING IN THE POLICIES, TEMPORARY POLICIES THAT WE ALL LIKE AND HAS GOT THIS PROCESS MOVING FORWARD BUT THERE IS NOTHING THAT PROHIBITS THEM FROM CHANGING THEIR MINDS.
SO I THINK LEGISLATION PASSED TO PROTECT THE STUDENT ATHLETE AND THE SCOOS, ALLOW THE ATHLETES TO BE COMPENSATED, TO BE ABLE TO PLAY AND MAKE SURE THERE ARE NO REPERCUSSIONS ON THE UNIVERSITY OR THE ATHLETE IS VITALLY IMPORTANT.
>> Renee: WHAT ABOUT THE FEDERAL GOVERNMENT.
DO YOU THINK CONGRESS SHOULD PASS A STANDARDIZED APPROACH FOR ALL OF THE STATES TO FOLLOW?
ARE YOU FOR THAT?
>> I DON'T BELIEVE I'M FOR THAT.
I HAVE MIXED THOUGHTS ON IT.
I UNDERSTAND HOW IT WOULD MAKE IT UNIVERSAL WOULD REALLY HELP THE COLLEGES ESPECIALLY AS THEY GO OUT AND RECRUIT ATHLETES FROM ACROSS THE COUNTRY, YOU KNOW, KENTUCKY IS ALLOWED TO DO ONE THING AND ANOTHER STATE CAN DO SOMETHING ELSE AND ANOTHER STATE SOMETHING ELSE.
BUT AT THE SAME TIME WE DON'T KNOW WHAT THAT LEGISLATION WOULD LOOK LIKE COMING OUT OF CONGRESS.
AND SO WE DON'T KNOW HOW RESTRICTIVE IT WOULD BE, HOW OPEN IT WOULD BE.
SO, YOU KNOW, WITHOUT HAVING THE DETAILS OF THAT, I WOULD REALLY BE UNCOMFORTABLE SAYING YES, WE ABSOLUTELY NEED TO PREEMPT KENTUCKY LAW IF FEDERAL LEGISLATION IS PASSED.
>> Renee: I WANT TO GO TO LEADER MCGARVEY IN LOUISVILLE AND ASK YOU THE SAME QUESTION.
DO YOU THINK A FEDERAL REMEDY IS NEEDED OR HANDLED AT THE STATE LEVEL OR IS STATE LEGISLATION EVEN NEEDED?
>> THANK YOU, RENEE, AND ADAM, I, TOO, AM DOING NO SHAVE NOVEMBER BUT THIS IS ALL I GOT.
LEAST YOU ARE DOING BETTER THAN I AM.
NO, LOOK, I'VE SAID THIS MANY TIMES BEFORE AND Mr.
HOST ALLUDED TO THIS.
THE NCAA HAS BEEN INCREDIBLY SLOW TO ACT ON THIS GOING BACK TO THE OWE BANNON LAW SUIT AND IN 20 CALIFORNIA-- IN 2018 CALIFORNIA INTRODUCED LEGISLATION.
WE SAID WE ARE GOING TO GIVE THE NCAA A COUPLE YEARS AND NOT ENACT IT.
WE INTRODUCED LEGISLATION IN 2019 ENCOURAGING THE NCAA TO ACT.
THEY WOULD NOT DO IT.
I HAVE NO CONFIDENCE THAT THEY WILL DO IT, EVEN THOUGH THEY SHOULD.
I THINK THE NCAA IS THE ENTITY BEST SUITED TO DO THIS.
I THINK CONGRESS IS THE BEST NEXT SUITED TO DO THIS AND I AGREE WITH REPRESENTATIVE BOWLING I THINK KENTUCKY LAW CAN BE THE STANDARD BUT I THINK THERE SHOULD BE ONE STANDARD ACROSS THE COUNTRY SO YOU ARE NOT HAVING AN ARMS RACE ACROSS THE STATES.
BUT WITHOUT THE NCAA ACTING YOU ARE GOING TO SEE THE STATE LEGISLATURE STEP IN.
28 STATES HAVE PASSED SOME FORM OF N.I.L.
LEGISLATION.
A COUPLE OF THOSE STATES LIKE KENTUCKY HAVE AN EXECUTIVE ORDER FROM THE GOVERNOR.
I'M GLAD THE GOVERNOR JUMPED IN WHEN HE DID TO PROVIDE SOME CLARITY ON THIS FOR THE STUDENT ATHLETES BUT THE LEGISLATURE NEED TO COME IN AND MAKE SURE PEOPLE KNOW IT'S PERMANENT.
I THINK THE LEGISLATURE IS THE LEAST LIKELY BODY TO DO IT IN THIS CASE.
THE ONLY WAY IT CAN BE WORSE IF YOU HAVE THE LOCAL CITY COUNCILS DO IT SO YOU HAVE A WAR BETWEEN THE LOUISVILLE AND LEXINGTON CITY COUNCIL WHAT WHO IS GOING GET BETTER LEGISLATION.
WOULD I LIKE TO SEE THE NCAA ACT AND THE FEDERAL GOVERNMENT.
NOT ONLY SHOULD WE ACT.
WE WILL ACT AND WE WILL ACT TO PROTECT THESE KIDS AND TO MAKE SURE WE HAVE THE BEST LAW IN THE COUNTRY MOVING FORWARD.
>> Renee: IT IS A 60-DAY SESSION BUT THERE IS A LOT THAT COULD BE GOING ON BETWEEN REDISTRICTING AND THE BUDGET SO YOU BELIEVE THIS IS GOING TO BE A TOP RANKING ISSUE WHEN THE LEGISLATURE CONVENES IN JANUARY.
>> YOU KNOW, RENEE, THERE ARE A COUPLE THINGS I'M CERTAIN OF.
IT'S AN ELECTION YEAR.
THERE IS A BUDGET YEAR.
THERE IS REDISTRICTING.
AND KENTUCKY GENERAL ASSEMBLY WILL ALSO BE APAYING-- PAYING ATTENTION TO COLLEGE BASKETBALL SEASON.
IT IS HERE.
LET'S NOT MISTAKE WHAT IS HAPPENING.
THE 28 STATES I TALKED ABOUT HAS DONE SOMETHING.
THE GOVERNOR HAS ACTED.
WE NEED TO MAKE IT PERMANENT AND YOU ARE SEEING BIPARTISAN SUPPORT FOR IT ALREADY.
SENATOR WEISS AND SENATOR WESTERFIELD HAS DONE A GOOD JOB WORKING ON THIS FOR SEVERAL YEARS AND WE ARE WORKING ON IT FROM DIFFERENT AREAS OF THE STATE.
AS TRAVIS POWELL TALKED ABOUT, PLACES LIKE MURRAY STATE.
ANDREW HILL WHO IT PLAYED FOOTBALL.
SO YOU'VE GOT OUR CONSTITUENCIES, MAX WEISS, MOM WAS A LONG TIME COLLEGE COACH, LOUISVILLE, LEXINGTON AREAS ALL OVER THE STATE ARE INTERESTED IN THIS.
WE WANT TO DO WHAT IS RIGHT FOR THE KIDS AND SET THE STANDARD BECAUSE WE KNOW HOW IMPORTANT COLLEGE SPORTS ARE TO OUR STATE AND TO OUR PEOPLE.
>> Renee: THAT'S SOMETHING EVERYBODY CAN AGREE ON, THE IMPORTANCE OF SPORTS IN KENTUCKY: WE WANT TO HEAR FROM A STANDOUT PLAYER.
ON FRIDAY I CAUGHT UP WITH RETIRED PROFESSIONAL BASKETBALL PLAYER AND MEMBER OF THE U.K.'S 1978 NCAA CHAMPIONSHIP TEAM, JACK "GOOSE" GIVENS ABOUT NAME, IMAGE AND LIKENESS RIGHTS.
THE LEXINGTON NATIVE WAS NAMED Mr. KENTUCKY BASKETBALL IN 1974.
HERE'S WHAT HE SHARED WITH US.
Mr. GIVENS, THANK YOU FOR GIVING US SOME OF YOUR TIME.
>> IT'S VERY MYSELF TO BE HERE.
THANK YOU SO MUCH FOR THE INVITATION.
>> Renee: ABSOLUTELY.
TO CATCH UP ON THIS VERY IMPORTANT ISSUE ABOUT NAME, IMAGE AND LIKENESS.
ARE YOU FOR IT OR AGAINST IT.
>> 100% FOR IT.
>> Renee: WHY?
>> WELL, BECAUSE LISTEN, I'VE BEEN THROUGH IT.
WHEN I WAS IN SCHOOL HERE AT THE UNIVERSITY OF KENTUCKY, WE GOT $15 A MONTH.
THEY CALL IT LAUNDRY MONEY.
AND THAT'S WHAT THEY EXPECTED US TO LIVE ON.
THAT'S UP WITH REASON BECAUSE I KNOW THE NEED OF THE PLAYERS.
NOW I UNDERSTAND AND I'VE TALKED TO A LOT OF PEOPLE WHO HAVE SAID YEAH, BUT WHAT ABOUT THE SCHOLARSHIP WHEN IT COMES TO THIS?
LOOK, I SAY YOU CAN TAKE YOUR SCHOLARSHIP AND DO WITH IT WHAT YOU WANT.
IF YOU ALLOW ME TO MAKE THE MONEY THAT THESE GUYS ARE MAKING, I'LL PAY FOR MY OWN SCHOOL.
I MEAN A LOT OF-- EVERY OTHER STUDENT DOES THAT.
FIND SOME WAY TO PAY FOR THEIR SCHOOL.
WITHOUT A SCHOLARSHIP.
I THINK IF I'M ABLE TO GO OUT AND MARKET MYSELF, SHARE IN SOME OF THE REVENUE THAT THE UNIVERSITIES AND THE NCAA, ALL THESE OTHER ORGANIZATIONS ARE DIVVYING UP BETWEEN THEMSELVES AND LEAVING THE PLAYERS TO THE SIDE, AS I SAY, I'M 100% FOR IT.
>> Renee: DO YOU THINK THE POTENTIAL TO MAKE TENS, THOUSANDS EVEN HUNDREDS OF THOUSANDS OF DOLLARS WOULD BE A DISTRACTION TO PLAYERS THOUGH?
>> DISTRACTION HOW?
I MEAN THAT WOULD BE MY QUESTION TO THAT.
COLLECTING A PAYCHECK, I DON'T THINK IS DISTRACTING TO COACH CALIPARI OR ANY OF THE OWE COACHES.
I DON'T THINK THE PRESIDENT OF THE UNIVERSITY, THEY'RE COLLECTING A CHECK.
HOW DOES THAT DISTRACT THEM FROM DOING THEIR JOB?
THE SAME THING GOES WITH THE PLAYERS.
I THINK I KNOW THE DIFFERENCE.
I PLAYED AS A PRO AND I WAS COLLECTING CHECKS.
BUT IT HAD NOTHING TO DO WITH MY PERFORMANCE ON THE FLOOR EXCEPT THAT WAS THE MOTIVATION TO PLAY.
>> >> Renee: SOME PEOPLE HAVE SAID THIS IS WILD, WILD WEST.
RIGHT?
>> YES.
>> Renee: YOU'VE HEARD THAT CHARACTERIZATION.
HOW DO YOU THINK THE UNIVERSITY OF KENTUCKY IS HANDLING THIS CHANGE SO FAR.
>> BY THE WAY, I AGREE WITH YOU BECAUSE THERE ARE NO GUIDELINES.
THIS IS VERY NEW.
ALL OF THE PLAYERS AND THE ORGANIZATIONS AND THE BUSINESSES AND EVERYBODY IS TRYING THEIR BEST TO FIGURE THIS OUT.
BUT WHAT'S WRONG WITH THAT?
IT HAPPENS IN EVERY BUSINESS.
YOU KNOW, I JUST THINK IT'S GOING TO BE AWESOME OPPORTUNITIES FOR PLAYERS.
I THINK IT'S NEEDED.
I THINK IT'S WELL DESERVED AND WAY PAST TIME.
YOU KNOW, THE UNIVERSITY OF KENTUCKY, THEY'RE TREND SETTERS FOR PRETTY MUCH EVERYTHING.
I THINK THE WAY THEY ARE HANDLING IT-- THE WAY I UNDERSTAND IT, AND I DON'T HAVE ALL THE DETAILS-- BUT IF THERE IS A CASH DEAL THAT COMES THROUGH THE UNIVERSITY, IT GOES IN A POT AND ALL THE PLAYERS KIND OF GET A PIECE OF THAT.
NOW IF I'M THE UP WITH DOING THE COMMERCIAL, I'M THE ONE WHATEVER THE SITUATION IS, OBVIOUSLY I GET MORE BUT I SHOULD GET MORE.
SO I LOVE THE WAY THE UNIVERSITY IS HANDLING IT.
THEY'RE GIVING PLAYERS OPPORTUNITIES TO DO WHAT THEY FEEL LIKE THEY CAN DO.
IT'S A SUPPLY AND DEMAND THING.
IF YOU ARE STARTING AND YOU ARE THE LEADING SCORER, YOU ARE GOING TO GET MORE OPPORTUNITIES THAN SOME WHO ARE NOT.
>> Renee: WHAT DO YOU THINK THE GUARD RAILS AND GUIDELINES COME FROM, THE STATE GOVERNMENT, NCAA, UNIVERSITIES WHO, FEDERAL GOVERNMENT?
>> THE NCAA WHAT HAD THEIR CHANCE AND I THINK THEY'VE BLOWN IT.
THAT'S WHY IT IS WHERE IT IS TODAY AND IT GOT TO THIS POINT.
IF THE NCAA YEARS AGO WOULD HAVE SAID HEY, WE ARE MAKING HOWEVER MUCH MONEY, IT'S ONLY FAIR TO SHARE A LITTLE BIT OF THAT WITH THE PLAYERS OF SOME PERCENTAGE.
IF THEY HAD DONE THAT, SO IT DOESN'T NEED TO BE THE NCAA.
THAT'S FOR SURE.
IT DOESN'T NEED TO BE THE FEDERAL GOVERNMENT BECAUSE THEY CAN'T BE THERE AND UNDERSTANDING WHAT HAPPENING LOCALLY.
I THINK THE STATE GOVERNMENT, YES, THEY HAVE SOME-- SHOULD HAVE SOME SAY IN IT.
BUT I THINK IT COMES DOWN TO THE UNIVERSITIES AND THE PLAYERS AND THE PEOPLE WHO ARE TRAINED TO MAKE THOSE KINDS OF DECISIONS FOR THE ATHLETES BECAUSE UNFORTUNATELY THE ATHLETE HAS ALWAYS BEEN THE LAST.
THERE IS NO PROBLEM THE COACHING STAFF MAKING HUGE MONEY AND SHARING THAT AMONG THE COACHES SO AT SOME POINT, YOU HAVE TO START TAKING INTO ACCOUNT WHAT THE PLAYERS NEED.
AND THE FACT THAT THEY'RE THE ONES GENERATING THE MOST OF THIS INCOME.
>> Renee: WOULD IT SET UP A WEIRD DYNAMIC IF YOU HAVE PLAYERS WHO ARE RIVALLING THE PAY OF THE K0E6?
DOES IT SET UP A WEIRD POWER DYNAMIC AT ALL?
>> I THINK EVERY COACH IN THE NBA GETS PAID LESS THAN THEIR STAR PLAYERS AND IT WORKS FINE.
WHY WOULDN'T IT WORK?
I DON'T THINK PLAYERS WILL EVER GET TO THE POINT WHERE THEY'RE MAKING MORE MONEY THAN THE COACHING STAFF: I DON'T THINK IT WILL GET TO THAT POINT AND IT PROBABLY SHOULDN'T.
>> Renee: DO YOU SEE ANY DOWNSIDES AT ALL TO ANY OF THIS.
>> THE ONLY POTENTIAL DOWNSIDE, I GUESS AND I DON'T KNOW THAT IT IS THAT MUCH IS THAT YOUR SUPER STAR PLAYER IS MAKING SO MUCH MORE THAN SOME OF THE GUYS WHO ARE DOWN ON THE BENCH BUT ONCE AGAIN, I WOULD SAY COACH CALIPARI IS MAKING A WHOLE LOT MORE MONEY THAN MY BUDDY AT EASTERN KENTUCKY UNIVERSITY OR I LIVE IN GEORGETOWN.
COACH CALIPARI MAKES MORE THAN THE COACH AT GEORGETOWN COLLEGE WHO IS A BUDDY OF MINE BUT ONCE AGAIN, THAT'S SUPPLY AND DEMAND.
>> Renee: THAT'S THE MARKET.
>> WHAT THE MARKET GENERATES SO SOME PLAYERS ARE GOING MAKE MORE THAN OTHERS.
BUT I THINK EVERY GUY IN PRACTICE KNOWS HOT SUPER STARS ARE.
>> Renee: THANK YOU, Mr. GIVENS.
IT HAS BEEN A PLEASURE.
>> THANK YOU SO MUCH.
>> Renee: SO RACHEL, I WANT TO GO TO YOU BECAUSE I WANT TO PICK UP ON A COUPLE THINGS JACK MENTIONED ABOUT THE SCHOLARSHIPS , RIGHT?
AS I BELIEVE IT, ACCORDING TO WHAT'S AVAILABLE ON THE U.K.
ATHLETICS WEBSITE AND PROBABLY APPLIES TO THE U OF L. SCHOLARSHIPS WOULD NOT BE HARMED BY N.I.L., RIGHT?
>> THAT'S CORRECT.
ACTUALLY THE DEPARTMENT OF EDUCATION RELEASED WITHIN THE LAST TWO WEEKS, I BELIEVE, A MEMO CLARIFYING NAME, IMAGE AND LIKENESS WOULD NOT IMPACT THEIR SCHOLARSHIP.
WOULD I POINT OUT.
I THINK Mr. GIVENS PLAYED A FEW YEARS AGO.
THERE HAVE BEEN SOME CHANGES TO NCAA RULES SINCE HIS TIME AT A PLAYER IN TERMS OF WHAT'S PROVIDED TO THE STUDENT ATHLETES AND WHAT IS ALLOWED.
SO I DO WANT TO AT LEAST NOTE THAT THEY ARE GIVEN MUCH MORE THAN MAYBE WHAT HE-- >> Renee: THE $15 LAUNDRY MONEY.
>> THERE HAS BEEN A LITTLE CHANGE THERE.
>> Renee: I WANT TO GO TO YOU, MATTHEW BANKER AND ASK YOU ABOUT YOUR REACTION TO Mr. GIVENS TESTIMONY AND THE $15 LAUNDRY MONEY AND SOME OF THE EXTRA RULES THAT YOU OF L HAS EMPLOYED TO MAKE SURE EVERYTHING STAYS ON THE UP AND UP HERE.
>> SURE.
CERTAINLY Mr. GIVENS REFERENCED THE LAUNDRY MONEY OF YESTERYEAR AND TO RACHEL'S POINT, TOO.
THERE ARE A LOT MORE BENEFIT THAT ARE BEING PROVIDED TO STUDENT ATHLETES THAT I THINK WE CAN ALL DO A BETTER JOB OF ILLUMINATING SO THAT RELATES TO EVERYTHING FROM NUTRITION TO SPORT PERFORMANCE TO MEDICAL CARE AND SUPPORT IN THOSE AREAS IN ADDITION TO ACADEMICS.
ONE THING WE HAVEN'T MENTIONED IS THAT THEY'RE STILL STUDENT ATHLETES ENROLLED FULL FULL TIME AT OUR COLLEGES AND UNIVERSITIES AND THAT'S IMPORTANT BECAUSE WE ARE SETTING THEM UP FOR LONG-TERM NOT JUST WITH THEIR PROFESSIONAL ASPIRATIONS IN THEIR SPORT.
IF THEY'RE FORTUNATE ENOUGH TO DO THAT, BUT ALSO EARNING THAT DEGREE, WHICH IS GOING TO BE SOMETHING NO ONE CAN TAKE AWAY FROM THEM THAT IS REALLY IMPORTANT.
BUT THERE IS CERTAINLY AN INTENTION TO PROVIDE AS MUCH AS WE CAN FOR STUDENT ATHLETES WHETHER IT'S THROUGH N.I.L.
SUPPORT SO THAT THEY CAN GO OUT AND MAXIMIZE THEIR OPPORTUNITY BECAUSE THERE IS RECOGNITION THAT FOR MANY, THEIR VISIBILTY IS HIGHEST IN COLLEGE.
MANY ARE NOT GOING TO GO PROFESSIONAL AND SO THEY'RE GOING GO BACK TO WHERE THE REST OF US ARE IN THE GENERAL POPULATION SO TO MAXIMIZE THAT WHILE IN COLLEGE IS SOMETHING THAT WE CAN DO IN A COHESIVE FASHION.
>> Renee: THIS IS THE POINT YOU WERE MAKING EARLIER ABOUT 90% OF COLLEGE ATHLETES END UP GOING PRO IN SOMETHING OTHER THAN THE SPORT THEY'RE PLAYING.
>> RIGHT.
>> Renee: AND YOU LOOK AT THIS AS A RETENTION, GRADUATION RATE INCREASE KIND OF ISSUE AND PERHAPS RECRUITMENT AND ENROLLMENT BOOSTER.
>> OBVIOUSLY THE OPPORTUNITY THERE AND RACIAL CAN SPEAK TO THIS CAN'T BE AN INDUCEMENT FOR ENROLLINGMENT.
>> Renee: WHAT IS THE DIFFERENCE IN INDUCEMENT?
>> SHE CAN PROBABLY ANSWER BETTER THAN ME IRCAN START IT CAN'T BE SOMETHING AVAILABLE, YOU WILL GET THIS IF YOU ENROLL.
IF YOU GO TO U.K., YOU WILL BE GET THIS CONTRACT, THAT KIND OF THING BUT ONCE THEY'RE THERE, THEY CAN ENTER INTO WHATEVER THEY WANT WITH WHATEVER RESTRICTIONS FOR A LONG TIME THEY'VE ALL RECEIVED THE LET'S TAKES MEN'S BASKETBALL.
RECEIVED THE EXACT SAME.
GOT THE EXACT SAME SCHOLARSHIP, RIGHT?
NOW WHAT N.I.L.
DOES IS ALLOW THE MARKET TO DICTATE WHAFT OPPORTUNITIES ARE AND THAT IS AN EDUCATION COMPONENT BECAUSE NOW THEY'RE NOT ALL RECEIVING THE SAME.
THERE ARE DIFFERENCES.
VERY MUCH LIKE THE HEAD COACH EXAMPLE, THAT ITSELF GREAT BUT ALSO PEOPLE THAT ARE IN THEIR CAREER THAT ARE SETTLED THAT UNDERSTAND THOSE DIFFERENCES.
WE ARE ALSO OR DEALING WITH 18-21 YEAR OLDS THAT ARE LEARNING FOR THE FIRST TIME THAT SOMEONE MAY HAVE MORE VALUE IN THIS SPACE.
>> I WANT TO GO BACK TO THE LEGISLATION, THE DRAFT AND IT IS REALLY JUST A SKELETON BUT WE HEARD IT PRESENTED, WAS THAT LAST MONDAY OR SO IN THE INTERIM JOINT COMMITTEE OF EDUCATION AND YOU HAVE HIGH POINT REPRESENTATIVES SOME OF WHOM ARE HERE WITH US TONIGHT TALKING ABOUT THERE WERE THREE MAJOR COMPONENTS DRIVING COMPONENTS.
GIVE STUDENT ATHLETES ABILITY TO EARN COMPENSATION, HIGHER ED INSTITUTION TO PLACE REASONABLE RESTRICTIONS AND I WANT TO COME BACK TO THAT KEY POINT AND WHAT THAT IS DEFINED AS AND OF COURSE LIABILITY PROTECTION FOR HIGHER ED INSTITUTIONS.
SO WHEREVER YOU WANT TO PICK UP IN THAT LITANY THERE.
>> SURE.
TALKING WITH MY COLLEAGUES IN THE LEGISLATURE, YOU KNOW, THE REASONABLE RESTRICTIONS, THAT'S LACK LANGUAGE THAT WE ARE GOING HAVE TO GET COMFORTABLE W. IT'S SO BROAD ON ITS OWN AND TO BE HONEST WITH YOU, I DON'T HAVE A SOLUTION FOR THAT RIGHT NOW.
BUT THAT'S A CONVERSATION WE HAVE BEEN HAVING AND THAT'S A CONVERSATION WE WILL HAVE OVER THE NEXT SEVERAL WEEKS.
AT SOME POINT WE'VE GOT TO FIGURE OUT A WAY ALONG WITH THE UNIVERSITY TO BETTER DEFINE THAT JUST SO THAT WE ARE ALL ON THE SAME PAGE AND KNOW WHAT WE ARE WORKING WITH.
>> Renee: LEADER MCGARVEY, I WANT TO ASK YOU THE SAME QUESTION WITH IT COMES TO THE THREE DRIVING COMPONENTS THAT REPRESENTATIVE BOWLING IS WORKING ON.
I WONDER IF THIS ALIGNS WITH WHAT YOU, TOO, ARE POISED TO PROPOSE?
>> WELL, YES.
I HAVE BEEN WORKING ON THIS FOR A COUPLE OF YEARS WITH SENATOR WEISS AND SENATOR WESTERFIELD.
OUR NUMBER ONE OVER EMPHASIS IS THAT THIS IS ABOUT THE KIDS, MAKING SURE THESE STUDENT ATHLETES HAVE AS MANY OPPORTUNITIES AS POSSIBLE.
WE HAVE TALKED ABOUT THE LAUNDRY MONEY NOW FOR A LITTLE BIT BUT LET'S POINT OUT SOME THINGS THAT ARE TRUE, TOO.
IF YOU ARE PLAYING HIGH LEVEL DIVISION 1 SPORTS YOU ARE NOT ALLOWED TO HAVE ANOTHER JOB.
TEAM ACTIVITIES TAKE UP SO MUCH TIME AND SOMETIMES YOU KNOW, LIKE THE FOOTBALL TEAMS ARE GIVEN ONE DAY OFF.
YOU DON'T HAVE TIME TO GET ANOTHER JOB.
RIT NOW THE WORLD HAS CHANGED.
WE TALKED ABOUT THE WORLD CHANGING FROM LAUNDRY I MONEY.
LET'S TALK ABOUT HOW IT CHANGED ON SOCIAL MEDIA.
46% OF THE N.I.L.
DEALS ARE HAPPENING ONLINE.
TEACHING STUDENTS HOW TO MAKE BRAND.
LET'S MAKE IT ABOUT THE KIDS I WANT TO MAKE SURE THE KIDS ARE TAKEN CARE OF.
WE WANT TO MAKE SURE THE UNIVERSITIES ARE ABLE TO PROVIDE FINANCIAL ADVICE AND LEGAL ADVICE TO THESE STUDENTS AS THEY ENTER THE CONTRACTS.
IT IS A LITTLE BIT OF THE WILD, WILD WEST RIGHT NOW.
I'VE SEEN SOME OF THE CONTRACTS BEING PRESENTED TO THESE STUDENT ATHLETES, THEY NEED THE UNIVERSITY'S LEGAL TO LOOK OUT FOR THEM, LOOK AT THESE CONTRACTS, HELP THEM THROUGH IT.
A COUPLE THINGS I'VE WRITTEN DOWN.
THERE NEEDS TO BE TEAM DEALS -6789D I THINK WE NEED TO MAKE SURE THE INDUCEMENTS ARE REALLY DEFINED IN LAW.
NOT ONLY DO WE NOT WANT TO HAVE THE INDUCEMENTS TO ATTEND THE UNIVERSITIES BUT HAVE THE ENFORCEMENT TO GO AFTER IT WHEN IT HAPPENS.
WE MADE HEADWAY WITH THAT REGISTERING AGENTS IN THE STATE OF KENTUCKY BUT WE NEED TO GO BACK TO THAT AND SEE HOW WE ESPECIALLY FORCE THE INDUTIONMENTS AS PART OF THE DEAL.
OVER ONE OVERARCHING FACTOR IS LET'S MAKE IT ABOUT THE KIDS LET'S HAVE KENTUCKY LAW BE THE STANDARD THE REST OF THE COUNTRY LOOKS TO AND MOVE FORWARD AND EXPAND WHAT THE GOVERNOR HAS DONE IN HIS EXECUTIVE ORDER.
>> Renee: WHEN YOU MENTION TEAM DEALS, CAN █YOU EXPANDONTHAT LITTLE BIT?
WHAT DO YOU MEAN BY THAT.
>> YOU SAW THE UNIVERSITY OF KENTUCKY BASKETBALL TEAM HAS DONE SOME OF THIS.
U OF L TEAM HAS DONE SOME OF THE DEALS I THINK SO IF THE TEAM WANTS TO DO SOMETHING AND CAN NEGOTIATE A LITTLE BIT RIGHT NOW THAT ALL OF THE ATHLETES ON THE TEAM ARE DOING SOMETHING AND MAYBE ONE GETS A LITTLE MORE MONEY THAN THE OTHER BUT YOU ARE BRINGING IRVE FROM THE STAR PLAYER TO THE WALK ON ON BOARD, LOOK, LET'S POINT SOMETHING OUT, TOO.
WE TALKED ABOUT THE OVER ARCHING THEME OF THIS BEING ABOUT THE KID.
THIS IS NEW BUT THE SKY HAS NOT FALLEN.
AS FAR AS I CAN TELL PEOPLE ACROSS THE COUNTRY ARE ENJOYING COLLEGE FOOTBALL ON SATURDAYS AND YOU ARE NOT LOOKING AT PEOPLE SHOW BOATING.
YOU ARE NOT LOOKING AT PEOPLE SACRIFICING 9 EFFORT THEY WOULD GIVE THE TEAM TO PROMOTE THEMSELVES.
EVERYBODY IS STILL EXCITED ABOUT THE U.K. U OF L FOOTBALL GAME SATURDAY AND TALKING ABOUT THE UNIVERSITY OF KENTUCKY PLAYING THE UNIVERSITY OF LOUISVILLE, THE TEAMS NOT THE INDIVIDUAL PLAYERS.
SO LET'S MAKE SURE THE TEAMS HAVE THE ABILITY TO BE INVOLVED AS WELL.
>> I WANT TO ASK Mr. BANKER TO CHIME IN ON THAT.
ESPECIALLY LEADERS MCGARVEY IS TALKING ABOUT PROTECTION FOR THE ATHLETES.
THIS IS REALLY ABOUT THE KIDS BUT ALSO PROTECTION FOR THE UNIVERSITIES.
I MEAN DO YOU BELIEVE THAT THERE SHOULD BE SOME STATE GUARD RAILS TO MAKE SURE THERE ARE PROTECTIONS FOR UNIVERSITIES AGAINST LIABILITY OF ALL SORTS?
>> WE COULDN'T AGREE MORE WITH SENATOR MCGARVEY, THE REFLECTION OF UNIVERSITIES WANTING TO HELP.
WE ARE STEWARDS OF YOUNG PEOPLE 18-22 YEAR OLDS WHO ARE NEW TO THIS BUSINESS ENVIRONMENT, OR DEALING WITH CONTRACTS.
THEY'RE OR DEALING WITH NEGOTIATIONS, TRYING TO UNDERSTAND THEIR OWN VALUE AND OTHER THAN RIGHTS.
SO TO DO AS MUCH AS WE CAN WITHOUT LOOKING OVER OUR SHOULDER AND WORRYING ABOUT SORT OF THE RISK AN INSTITUTION WOULD TAKE ON, I THINK IT SHOULD WIN THE DAY TO BE SUPPORTING THE STUDENT ATHLETES TO NAVIGATE THE SPACE AND WE HAVE SEEN GROUP DEALS WITHIN A TEAM MANY TIMES.
OUR OFFENSIVE LINE HAVE GOTTEN DEALS.
YOU THINK ABOUT SOME OF THE NEAT AND COOL OPPORTUNITIES THAT ARE THERE.
IT CAN BE ABOUT A SPORT AND EVEN WITHIN A POSITION GROUP SO THE DEALS ARE OUT THERE OUR WOMEN'S VOLLEYBALL TEAM IS NUMBER ONE IN THE COUNTRY UNDEFEATED RIGHT NOW SO PERFORMANCE ON THE COURT AND THOSE TYPES OF THINGS, INVISIBILITY.
WE ARE SOME REASON RIGHT NOW, THE LAST SWINGS OF REGULAR SEASON FOR VOLLEYBALL; FOR EXAMPLE, THAT'S GOING TO PRESENT THE PEAK OF WHEN THOSE STUDENT ATHLETES CAN TAKE ADVANTAGE, INCLUDING AS A TEAM.
>> I WANT TO COME BACK TO YOU-- GO AHEAD LEED MCGARVEY.
>> JUST STAYING ON THAT A LITTLE BIT.
I THINK THERE NEED TO BE SAFE HARBOR PROVISIONS FOR THE UNIVERSITIES AS WELL, PARTICULARLY AS IT RELATES TO PAST PLAYERS TO CURRENT PLAYERS TO FUTURE PLAYERS AND THESE ARE THINGS WE HAVE TO REALLY FLESH OUT AND DEAL WITH IT.
FOR INSTANCE, YOU KNOW, YOU DON'T WANT PLAYERS TELLING A COACH, YOU KNOW, YOU DIDN'T PLAY ME IN THIS GAME THEREFORE YOU HURT MY INCOME.
WE ARE GOING HAVE TO WORK THROUGH SOME OF THOSE PROTECTIONS.
AGAIN JUST TO MAKE SURE THAT THIS GOES SMOOTHLY, THAT THE KIDS ARE GET GETTING EVERYTHING THEY NEED AND HAVE A GREAT EXPERIENCE IN COLLEGE.
>> Renee: JIM HOST, YOUR MIND CHANGE ANY AT ALL ABOUT THE NEED FOR STATE LEGISLATION PENDING THIS CONVERSATION?
>> THE UNIVERSITY OF LOUISVILLE, MURRAY STATE, WESTERN, UNIVERSITY OF KENTUCKY ALL MEMBERS OF THE NCAA AND WE ALL AGREE UPON ONE THING AND THAT IS THE NCAA SHOULD HAVE ACTED ON THIS.
THERE WOULDN'T BE A NEED FOR LEGISLATION BUT THE FACT IS THE NCAA IS GOING TO ACT ON IT THROUGH THEIR NEW CONSTITUTION AND SO IF INDEED THE STATE PASSES STUFF, FIRST I COMMEND LEADER MCGARVEY, COMMEND EVERYBODY FROM THE LEGISLATURE WHO HAS BEEN WORKING ON THIS.
AND I THINK YOU SHOULD MOVE AHEAD.
MOVE AHEAD AND DO WHAT YOU NEED TO DO; HOWEVER, YOU ARE GOING HAVE TO COME TO GRIPS WITH THE FACT THAT YOU PASS STATE LEGISLATION.
NOW HOW DOES THAT CONFORM WITH THE FACT THAT THE UNIVERSITY OF KENTUCKY IS A MEMBER OF THE NCAA AND THE UNIVERSITY OF LOUISVILLE IS A MEMBER OF THE NCAA AND IF THEY'RE GOING TO PLAY A NATIONAL CHAMPIONSHIP FOR THE NCAA THEY HAVE TO ADHERE TO NCAA RULES.
SHOULD THE NCAA HAVE DONE THIS YEARS AGO?
YOU BET.
SHOULD THEY NOT HAVE SPENT $100 MILLION THAT SHOULD HAVE GONE BACK TO THE INSTITUTIONS?
THEY SHOULDN'T HAVE BUT THE FACT IS THEY DID AND NOW HAVE YOU TO COME TO GRIPS WITH THE FACT OF PASSING THE STATE LEGISLATION THEN WHAT HAPPENS WHEN NCAA COMES IN WITH OVERREACHING OVER ALL THING WHICH IS GOING TO HAPPEN.
>> Renee: SHOULD THE LEGISLATION BE FLEXIBLE ENOUGH TO KIND OF BEND TO WHAT THE NCAA PUTS DOWN?
>> ABSOLUTELY.
IT HAS TO HAVE FLEXIBILITY.
THAT'S THE KEY AND WE'VE SPOKEN ABOUT THAT AS WELL BECAUSE I DON'T KNOW WHAT IS GOING TO COME, RIGHT?
SO YOU DON'T WANT TO MAKE SURE WE BOX THESE STUDENT ATHLETES IN AND PREVENTED OPPORTUNITIES THAT COME AVAILABLE THAT NONE OF US HAVE THOUGHT ABOUT IN THIS PARTICULAR MOMENT.
Mr.
HOST RESEARCHES THE NCAA CONSTITUTION COMMITTEE THAT WAS VERY RECENT WITHIN THE LAST WEEK THAT THEY ADOPTED THE OVERALL CONSTITUTION.
BUT ONE OF THE THINGS THAT REMAINED WAS WHEN ALL OF THE STATE LAWS STARTED TO CHANGE LAST YEAR, THEY UNDERSTOOD THAT THEY HAD TO MAKE A RULE CHANGE BECAUSE THEIR RULE CURRENTLY STEAD STUDENT ATHLETES COULDN'T DO THIS AND STILL BE ELIGIBLE SO THEY DID MAKE A RULE CHANGE AND WHAT THAT RULE SAID FOR PAST YEAR IS FOLLOW YOUR STATE LAW OR YOUR EXECUTIVE ORDER OR WHATEVER IS IN YOUR STATE BECAUSE THEY RECOGNIZE THAT ALREADY THERE WERE LOTS OF STATES THAT HAD SOMETHING IN PLACE.
BUT IN ADDITION THERE WERE TWO CORE PRINCIPLES THEY MAINTAINED WHICH WERE VERY SIMPLE.
ONE WAS IT CANNOT BE A PAY FOR PLAY SCENARIO.
AND THE OTHER THERE CAN'T BE A RECRUITING INDUCEMENT.
I'M NOT SURE WHAT IT LOOK LIKE IN THE NEW CONSTITUTION BUT I BELIEVE THOSE TWO CORE PRINCIPLES WILL REMAIN THE SAME.
>> Renee: GO AHEAD.
>> I WAS JUST GOING TO SAY, THE KENTUCKY LEGISLATURE, AS WE ALL KNOW WE ARE A PART TIME LEGISLATURE.
WE ARE THERE FROM JANUARY 000,000 MID APRIL THIS YEAR.
THAT'S OUR WINDOW TO GET SOMETHING DONE.
WHEN ALL THIS CAME TO A HEAD THE PAST YEAR, IT WAS IN MAY AND JUNE BECAUSE NEW LAWS WERE COMING INTO EFFECT JULY 1.
THAT'S WHEN YOU FINALLY SAW THE NCAA BEGIN TO ACT.
I THINK IT'S, WE HAVE TO ACT AS A LEGISLATURE TO GET PROTECTIONS IN PLACE FOR OUR STUDENT ATHLETES AND UNIVERSITIES.
WE ARE WELL AWARE THE RULES MAY CHANGE AFTER THE FACT AND THERE NEEDS TO BE FLEXIBILITY IN THERE FOR THE UNIVERSITY AND STUDENT ATHLETES.
WE GET THAT.
BUT WHAT WE DON'T WANT TO DO IS GO THIS NEXT, YOU KNOW, THREE AND A HALF MONTHS, HAVE NOTHING ON THE BOOKS AND THEN WE ARE JUST COMPLETELY AT THE MERCY OF THE NCAA AGAIN.
>> Renee: WHAT WOULD BE OFF LIMITS?
I KNOW THERE ARE SOME LIMITS CONCERNING LIKE NO SCEN CASINOS OR REQUIRE YOU TO BE 18 AND OVER, RIGHT?
THERE ARE GUARD RAILS THERE.
>> I THINK IT HAS TO BE AN INSTITUTIONAL DECISION TO SOME DEGREE BECAUSE WHAT MIGHT APPLY HERE AT THE UNIVERSITY OF KENTUCKY IN TERMS OF HOW WE OPERATE, MAY BE DIFFERENT FROM LOUISVILLE WHICH MAY BE DIFFERENT FROM EKU OR MOREHEAD.
FOR TO US SAY THAT, THAT'S WHAT GOT THE NCAA IN TROUBLE TO BEGIN WITH, RIGHT?
THEY WERE TRYING TO APPLY A BROAD SET OF RULES AND PRINCIPLES TO NUMEROUS SCHOOLS.
ONE THING THAT IS VERY IMPORTANT, ALTHOUGH NAME, IMAGE AND LIKENESS JUST CAME TO PLAY JULY IS, INSTITUTIONS SPECIFICALLY I CAN SPEAK FOR U.K., HAD BEEN DOING THINGS TO PREPARE FOR THAT MOMENT FOR YEARS PRIOR TO THAT AS WELL.
EVEN THOUGH THE NCAA WASN'T ACTING, SCHOOLS HAVE BEEN PROVIDING FINANCIAL LITERACY NOW THAT FINANCIAL LITERACY HAS CHANGED TO MAYBE INVESTMENTS, STILL BEING PART OF IT BUT MORE FOCUSED ON TAXES AND ALL THIS IS TAXABLE INCOME AND DO THE STUDENT ATHLETES UNDERSTAND THAT COMES INTO PLAY?
WE HAVE BEEN IN THE BUSINESS FOR MANY YEARS HELPING STUDENT ATHLETES CREATE AND BUILD THEIR OWN PERSONAL BRAND.
NOW THEY'RE IN AN OPPORTUNITY TO TAKE ADVANTAGE OF THAT AND CAPITALIZE IT SO YES, N.I.L.
IS NEW BUT THE ACTUAL EDUCATIONAL PRINCIPLES WE HAVE BEEN DOING FOR QUITE SOMETIME.
>> >> Renee: CAN YOU SAY THE SAME FOR U OF L?
>> YEAH, 100%.
LIFE SKILLS AND THAT TYPE OF DEVELOPMENT AND EDUCATION FOR STUDENT ATHLETES HAS BEEN SOMETHING WE HAVE BEEN PROVIDING FOR MANY, MANY YEARS BUT NOW THERE IS SO MUCH ATTENTION AND RIGHTFULLY SO AROUND IT.
AND THE EXECUTIVE ORDER MAKES REFERENCE TO SCHOOLS SHOULD BE PROVIDING FINANCIAL LITERACY AND PROVIDING EDUCATION RELATED TO BRAND MANAGE MANY AND MARKETING AS WELL AS TIME MANAGEMENT.
I KNOW IT HAS BEEN REFERENCED THAT STUDENT ATHLETES ARE VERY BUSINESS PEOPLE WITH PRACTICE AND COMPETITION SCHEDULES AND ACADEMIC LOAD.
WE HAVE TO BE MINDFUL OF THAT IN TERMS OF, YOU KNOW, STRIKING THE RIGHT BALANCE SO THEY CAN STILL BE A COLLEGE KID AT THE END OF THE DAY AND ENJOY THEIR EXPERIENCE AND MAKE SURE IT'S HOLISTIC IN MANY WAYS.
>> Renee: WHAT YOU DON'T WANT TO DO IS HAVE A PLAYER SAY I CAN'T BE AT PRACTICE BECAUSE I HAVE A TIKTOK INDIVIDUAL I DON'TY TO MAKE.
>> RIGHT.
>> THEY COMMITTED TO BEING A STUDENT ATHLETE FIRST.
THEY HAVE TO FULFILL THAT OBLIGATION AS WELL.
>> Renee: DO YOU GET THAT SPECIFIC?
>> IT SAYS THEY CANNOT DO THESE ACTIVITIES THAT CONFLICT WITH REQUIRED TEAM ACTIVITY.
>> Renee: PRACTICE BEING AMONG THEM.
>> GOOD COACHES ARE NOT GOING TO ALLOW THEM TO DO IT.
>> Reporter: THAT'S RIGHT.
THE COACHES AREN'T GOING TO ALLOW THEM TO DO IT.
DID YOU HAVE SOMETHING YOU WANTED TO ADHERE?
>> I WAS JUST GO GOING TO ADD THIS IS STRANGE, RIGHT THAT TO REPRESENTATIVE BOWLING'S POINT TO Ms. BANKER'S POINT.
WE DON'T WANT TO OVERREGULATE THIS AS A PART TIME LEGISLATURE BUT AT THE SAME TIME WE WANT TO MAKE SURE THAT THE KIDS ARE PROTECTED SO WE MAY HAVE TO WORK WITH THE UNIVERSITIES ON SOMETHING LIKE A REASONABLE RESTRICTION THAT IS REALLY BROAD WHAT THE UNIVERSITY MIGHT CONSIDER REASONABLE.
MIGHT NOT BE SOMETHING THE LEGISLATURE CONSIDERS REASONABLE.
AGAIN WHY IT'S BETTER TO HAVE THE NCAA BE THE ACTING BODY ON THIS THAN STATE LEGISLATURE.
SO WE ARE GOING TO PUT A LOT OF ATTENTION INTO THE DETAIL WHILE ALSO TRYING NOT TO OVERREGULATE IT BECAUSE WE WANT TO DO WHAT IS RIGHT BY THE KIDS AND STILL HAVE FLEXIBILITY.
I WANT TO POINT OUT BEFORE THE SHOW ENDS AND I THINK WE LET TRAVIS AND AL GET AWAY WITH SOME HERE.
HE DID PLAY COLLEGE SPORTS AND WOULD I STILL PAY AT LEAST 25, 50 CENTS FOR ONE OF HIS PICTURES.
>> WOULD YOU?
YOU PROBABLY GOT ONE SOMEWHERE.
>> Renee: YOU DID PLAY.
>> I PLAYED BASKETBALL AT WESLYIAN COLLEGE IN THE LATE 90s AND EARLY 2000 AND THINKING ABOUT THE LEGISLATION, TOO, AND WE ARE TALKING ABOUT SOME OF THE DIVISION 1 SCHOOLS BUT ALSO APPLIES TO DIVISION 2 SCHOOLS NCAA N.E.I.A.
SCHOOLS AS WELL.
THIS WOULD ALSO REQUIRE THAT THEY RECEIVE THE SAME FINANCIAL LITERACY SAME TIME MANAGEMENT SKILLS AND ALL THOSE THINGS BECAUSE THEY'RE DOING THAT AT U.K. AND I THINK WE CAN TRUST IELINGS GOING HAPPEN THERE BUT NOW THAT WE CAN TRUST IT WILL HAPPEN AT TRANSY AND THAT SORE OF THING, KENTUCKY WESLEYANS AND PROTECT THE ATHLETES TO MAKE SURE THEIR SCHOLARSHIP IS PROTECTED SO THEY DON'T COUNT THEIR WAGES THAT THEY LEARN FROM NAME IMAGE AND LIKELY AGAINST THEIR SCHOLARSHIP AND REDUCE THAT AMOUNT BECAUSE THOSE BENEFITS COULD CHANGE AT ANY TIME.
IT PRESERVES THEIR SCHOLARSHIP, TOO AND IT WOULD ALSO APPLY TO SMALLER COLLEGES AS WELL.
>> TOO BAD WE DON'T HAVE HOOPS SET UP TO SEE HOW GOOD YOU STILL ARE.
>> Renee: THERE WAS A REALLY GOOD POINT MADE IN THE LEGISLATIVE HEARING A WEEK FROM TODAY, LAST WEEK.
ABOUT YOU KNOW, WHERE DOES THE KENTUCKY HIGH SCHOOL ATHLETICS ASSOCIATION STAND IN ALL THIS.
COULD YOU POTENTIALLY SEE PRETTY INTENSE RECRUITING MAYBE EVENING HAPPENING AT THE JUNIOR HIGH LEVEL AND PARENTS HAPPEN TO, ON BEHALF OF THEIR KIDS, ENTER INTO THESE CONTRACTS AND UNIVERSITIES HAVE TO DEAL WITH IT LATER, RACHEL, SO TALK TO US ABOUT WHAT A TRIP WIRE THIS MIGHT BE.
>> AND I DON'T WANT TO SPEAK ON BEHALF OF THEM IN ANY WAY BUT YOU USED THE WORD COULD OR MAY.
IT IS LAPPING.
THERE IS NO COULD OR MAY.
IT IS ALREADY IN THAT AT THAT LEVEL.
SO TO YOUR POINT, WE ARE OR DEALING WITH 18 TO 21 YEAR OLDS AND THEIR PARENTS TRYING TO HELP EDUCATE THEM ON CONTRACTS, ON TAXES, ON BRAND CONTENT AND THEIR FAIR MARKET VALUE.
NOW YOU ARE BACKING THAT UP TO 14 TO 18 YEAR OLDS AND SO I THINK DEFINITELY IF OUR HIGH SCHOOLS ARE GOING THAT DIRECTION THEY'RE GOING NEED A LOT OF RESOURCES IN EDUCATION TO HELP THEM MANAGE THAT.
>> Renee: WHAT DO YOU THINK ABOUT THAT JIM HOST?
>> I CAN'T IMAGINE A HIGH SCHOOL FEELING WITH THIS-- OR DEALING WITH THIS OR HIGH SCHOOL ASSOCIATION OR DEALING WITH THIS BUT THEY'RE GOING HAVE TO UNDERSTAND THAT THEY WILL BE NEXT.
BECAUSE IRDON'T SEE HOW YOU CAN PREVENT THEM FROM DOING IT AT ALL.
I JUST THINK IT WOULD BE RIDICULOUS.
I'LL TELL YOU WHAT.
I REALLY APPLAUD THE LEGISLATURE AND APPLAUD FOR TAKING THIS ON AND DOING THE WORK THEY'RE DOING ON IT AND I THINK TO ESTABLISH THE GUIDELINE FOR ALL UNIVERSITIES IN THE STATE IS THE ABSOLUTE RIGHT THING TO DO.
AND THEN SEE HOW THAT MATCHES UP WITH WHAT THE NCAA DOES IF THEY DO ANYTHING.
AND I THINK THAT'S THE RIGHT COURSE.
SO I THINK THIS HAS BEEN A GOOD CONVERSATION.
>> Renee: REPRESENTATIVE BOWLING ARE YOU CONCERNED ABOUT THE K.H.S.A.A.?
>> I'M CONCERNED ABOUT THE ISSUE AND SOME OF THESE ISSUES, I MEAN THEY'RE GOING TO BE ADJUDICATED IN THE COURTS AND WE REALIZE THAT.
BUT YOU KNOW, A 16-YEAR-OLD ATHLETE THAT SEEMS TO HAVE A BRIGHT FUTURE WHOSE GUARDIANS OR PARENTS MAY LOCK THEM INTO A FIVE OR SIX YEAR CONTRACT, YOU KNOW, WHEN THEY'RE A SOPHOMORE OR JUNIOR IN HIGH SCHOOL, AND THEN WHAT DOES THAT LOOK LIKE WHEN THEY BECOME 18 AND THEY DON'T LIKE THE CONTRACT THAT THEY'RE LOCKED INTO AND THEN THE UNIVERSITY IS GOING TO BE, YOU KNOW, A PLAYER IN THAT OR DEALING WITH THAT ISSUE AS WELL.
SO I'M NOT AN ATTORNEY BY TRADE SO I DON'T HAVE ALL THOSE ANSWERS BUT IT IS AN INTERESTING SITUATION THAT IS GOING TO ARISE, RIGHT?
IT'S JUST A MATTER OF TIME.
IT WILL BE INTERESTING TO SEE HOW THE COURTS HANDLE THAT.
>> Renee: SENATOR MCGARVEY, YOU ARE AN ATTORNEY.
WHAT DO YOU THINK?
>> WELL, IT'S BIZARRE, I'M GOING TO QUOTE JUSTICE KAVANAUGH BUT WE JUST HAD A SUPREME COURT OPINION FROM THE UNITED STATES SUPREME COURT ON THE NCAA IN WHICH JUSTICE KAVANAUGH WROTE NOWHERE ELSE IN AMERICA CAN BUSINESSES GET AWAY WITH AGREEING TO NOT PAY THEIR WORKERS A FAIR MARKET RATE ON THE THEORY THAT THEIR PRODUCT IS DEFINED BY NOT PAYING WORKERS A FAIR MARKET RATE.
THE NCAA IS NOT ABOVE THE LAW.
SO THE REASON WE ARE HAVING THIS CONVERSATION, THIS IS HERE.
VERY RARELY IS THE SUPREME COURT THAT CLEAR IN THE DIRECTION IT'S HEADING.
THE NCAA NEEDS TO ACT.
THEY NEED TO ACT YESTERDAY.
AND THE ABSENCE OF THAT ACTION, YOU ARE SEEING GOVERNORS AND STATE LEGISLATURES STEP INTO THE VOID WHICH IS WHAT WE ARE DOING AND WHAT WE WILL CONTINUE TO DO.
WE NEED TO ACHE MAKE SURE THESE KID ARE PUT FIRST, THEY'RE PROTECTED.
WE PUT THE UNIVERSITIES INTO THE MIX AND CONTINUE TO HAVE A GREAT PRODUCT THAT WE ALL LOVE, WHICH IS COLLEGE SPORTS.
>> Renee: HAVE YOU SEEN THE DRAFT OF THE UNIVERSITIES LEADER MCGARVEY AND HOW DO YOU FEEL ABOUT THAT?
IT'S VERY SKELETAL BUT BASED ON THE OUTLINE, WHAT ARE YOUR THOUGHTS?
>> I HAVE LOOKED AT WHAT THE UNIVERSITIES HAVE PRESENTED.
I THINK THERE ARE SOME REAL AREAS WHERE WE AGREE.
AND I THINK THAT, YOU KNOW, IT HAS A GREAT STARTING POINT BECAUSE YOU SEE BOTH THE UNIVERSITIES AND THE LEGISLATURE WANTING TO DO THIS TO THE BENEFIT OF THE KIDS I THINK THERE ARE SOME THINGS THAT THE LEGISLATURE WILL WANT TO SEE IN THERE AGAIN TO MAKE SURE KENTUCKY'S LAW IS THE GOLD STANDARD ACROSS THE COUNTRY AND WE'LL CONTINUE TO WORK WITH THE UNIVERSITIES ON.
>> Renee: I'LL GET YOU WHILE YOU ARE SITTING THERE NEXT TO LEADER MCGARVEY, WHAT SHOULD ABSOLUTELY BE IN THE LEGISLATION WHEN THE LAWMAKERS TAKE IT UP AS THEY SEEM AT LEAST TWO OF THEM SEEM OPTIMISTIC WILL HAPPEN IN 2022?
>> I THINK ONE OF THE KEY THEMES IS CONSUMER PROTECTION AND IN A WAY, THE STUDENT ATHLETES ARE CONSUMERS IN SOME RESPECTS BECAUSE THEY'RE ENGAGING WITH THIRD PARTIES AND BUSINESSES AS WELL AS AGENTS AND SO SOME OF THE QUALITY CONTROL THAT CAN BE BROUGHT INTO PLAY THROUGH LEGISLATION WOULD BE APPROPRIATE.
I THINK THAT WOULD BE HELPFUL.
BUT ALSO THE DRAFT LEGISLATION THAT WE HAD WORKED WITH UNIVERSITY OF KENTUCKY ON IS VERY DEFERENTIAL TO THE SCHOOLS SO IN THE SPIRIT OF NOT OVERREGULATING, I THINK THAT WAS A COMMON THEME AND PRIORITY AS WE PUT PEN TO PAPER.
>> Renee: RACHEL I'LL HAVE YOU CHIME IN.
>> ABSOLUTELY.
I THINK THAT ALSO WE ARE IN A POSITION NOW WITH THE EXECUTIVE ORDER WHERE INSTITUTIONS WERE ALLOWED TO SET RULES AND PARAMETERS FOR IT AND I WOULD ENCOURAGE EVERYONE TO GO TO LOUISVILLE'S WEBSITE AND OUR WEBSITE AND PUT WHAT WE PUT IN PLACE BECAUSE I THINK WHAT'S THERE IS VERY REASONABLE AND PEOPLE MAY BE SURPRISED THAT JUST THE LATITUDE THAT STUDENT ATHLETES HAVE IN THIS AREA.
>> Renee: REASONABLE CAN BE A TRICKY WORD.
TRAVIS POWELL C.P.E.
DOESN'T REALLY HAVE A DOG IN THIS FIGHT NECESSARILY, BUT YOU KNOW, YOU FAVOR WHAT IS BEING PRESENTED, IS THAT CORRECT?
>> WE DO.
AND WE SUPPORT THE CAMPUSES ON THIS NOT, C.P.E.
DOESN'T GET INVOLVED IN INTERCOLLEGIATE ATHLETICS BUT WE THINK IT HAS VALUE THERE.
WE SUPPORT THE CAMPUSES AND THEIR EFFORTS TO MAKE THIS HAPPEN AND GET ALL THE THINGS IN THE LEGISLATION THAT WE TALKED ABOUT TONIGHT.
>> Renee: AND THE UNIVERSITIES COULD BENEFIT, LEARN THROUGH THE PROCESS.
WE'RE TRYING TO GET FINANCIAL LITERACY OUT TO ALL OUR STUDENTS.
SO TO THE EXTENT THAT THEY CAN LEARN FROM EMPLOYING THINGS INFORMATION TO ATHLETES OR ALL FRESHMEN WHEN THEY COME IN.
WE ARE LOOKING AT THAT AS WELL $I'LL GIVE YOU THE LAST WORD REPRESENTATIVE BOWLING.
>> THE LEGISLATION THAT WE HAVE SEEN PROPOSED FROM THE UNIVERSITIES, IN THEORY, I THINK MOST PEOPLE AGREE WITH IT.
IT'S A GOOD FRAMEWORK.
WE ARE JUST GOING HAVE TO TIGHTEN UP THE LANGUAGE AROUND WHAT IS REASONABLE.
AND THEN ALSO ON THE IMMUNITY, WE NEED TO GIVE THE UNIVERSITY THE PROTECTIONS THEY NEED.
BUT ON BOTH OF THOSE TWO PROVISIONS, REASONABLE RESTRICTIONS AND IMMUNITY, WE DON'T WANT IT TO BE TOO BROAD.
AGAIN NOT AN ATTORNEY BUT I'VE HAD SOME OF OUR CAUCUS MEMBERS WHO ARE, SAY, IT MIGHT BE A LITTLE BROAD.
WE MIGHT NEED TO TIGHTEN THAT UP.
WE'LL WORK THE UNIVERSITIES AND DEFINITELY MOVE IT FORWARD.
>> Renee: THIS HAS BEEN A GOOD DISCUSSION.
I HOPE INTEREST I.T.
HAS BEEN A GOOD PRIMER FOR CONVERSATIONS TO COME.
WE'LL BE WATCHING IT IN THE GENERAL ASSEMBLY WHEN THEY CONVENE IN JANUARY.
AND YOU CAN JOIN BILL BRYANT AND A TEAM OF WORKING JOURNALISTS TO TALK ABOUT ALL THE NEWS OF THIS WEEK ON COMMENT ON KENTUCKY.
THAT'S THIS FRIDAY AT 8 EASTERN 7 CENTRAL AND WE ARE NOT GOING TO BE HERE ON MONDAY.
WE'LL BE IN OUR PLEDGE PROGRAMMING SO I'LL SEE NEW A COUPLE OF WEEKS.
IN THE MEANTIME, HAVE A GREAT THANKSGIVING.
STAY SAFE.
TAKE GOOD CARE AND I'LL SEE YOU REAL SOON.
GOOD NIGHT.

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