Dartmouth Union, NIL & AI, Pass Act, + ICYMI & More | NIL Newsletter #183
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Major News
Dartmouth Men’s Basketball Team Files Petition to Unionize
On Wednesday, the Dartmouth Men’s Basketball team officially filed a petition with the National Labor Relations Board (NLRB) to unionize.
The team becomes the first in collegiate sports to attempt to unionize following Northwestern football’s failed attempt in 2015. They are seeking to join the local Service Employees International Union.
“SEIU is proud to stand in solidarity with these young people as they fight for the right to collectively bargain for a better future and blaze a path for other college athletics to follow,” said SEIU international president Mary Kay Henry.
The University has a September 25th deadline to file a response to the petition, before an October 3rd hearing in front of the NLRB regional director.
More on the story is available HERE. The petition is available HERE.
Can Athletes Sign NIL deals with AI companies?
With few choice exceptions—gambling, liquor, etc…—student-athletes are free to engage in NIL activities in any industry. Professor Sam Erlich of Boise State believes that certain AI companies will soon join that list.
Back in March, Olivia Dunne signed an NIL deal with CaktusAI, posting a video which shows her using the AI software to complete a writing assignment on her behalf.
Professor Erlich points to a clause in the Louisiana state NIL law, which allows a university to prohibit an NIL deal if it conflicts with “institutional values.”
“However, what makes the CaktusAI issue different from other NIL deals is that protecting academic integrity at state educational institutions is historically recognized as an important and narrowly defined state interest.”
Erlich’s full Op-ed is available HERE.
Tommy Tuberville Discusses NCAA, NIL Bill
Senator Tommy Tuberville is a former football student-athlete and head coach, as well as one of two sponsors of the Protecting Athletes, Schools and Sports Act of 2023 (“Pass Act”) alongside Senator Joe Manchin.
“We’re trying to set parameters where all 50 states have to go by the same basic rule,” he said. “Because right now, you have some people that are doing different things in different states because there are different state laws.”
The Pass Act would preempt state NIL laws, establish uniform NIL contracts, and prohibit student-athletes from entering the portal within their first three years of eligibility.
“I would love to get to a point where everybody could make a little bit of the revenue, and do some revenue sharing. But this is giving the control back to the universities and the coaching staff. Right now, the players are running everything with this transfer portal the way it is.”
The full interview is available HERE.
For Athletes
Deal of the Week
Clemson running back Will Shipley signed an NIL deal with Chipotle this week. As part of the deal, Chipotle’s typical signage at its Clemson, South Carolina location will be replaced with one reading “Shipotle.”
The full story is available HERE.
ICYMI
Temple renewed its partnership with Advance NIL. LINK
Kentucky Basketball’s Director of Player Development is joining North Carolina’s Tri-Cord Management collective as executive director. LINK
Utah State has launched the Blue A Collective to be the official university collective. LINK
The Syracuse-focused Orange United launched as the official collective of Syracuse. LINK
The Collective Association announced their plan to attend the House Committee on Small Business’ NIL Hearing despite not being invited to talk. LINK
Have you checked out OSC’s website?
Head to www.OptimumSportsConsulting.com to find important resources and features relating to all things NIL. These resources include State by State Resources for Admins, Agents and Athletes, including our initial “OSC Summaries” for over a dozen states coming soon.
More to come too, including links to helpful state information- agency laws and information about school policies, as well as seminar/congressional notes, worksheets, and much more!
Tuberville's comments are rich coming from a coach who literally walked out on his team during a recruiting dinner for another job.