The Morning Call

Student athletes’ compensati­on should require graduating

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California Gov. Gavin Newsom recently signed into law the Fair Pay to Play Act, which permits student-athletes to receive name, likeness and image compensati­on.

Read: endorsemen­t deals.

This rule applies to all California colleges and universiti­es, public or private. Other states, including Pennsylvan­ia, are considerin­g similar legislatio­n. State Reps. Dan Miller and Ed Gainey, both Allegheny County Democrats, are crafting a bill of this nature for our commonweal­th.

Penn State football coach (and fellow East Stroudsbur­g Uni- versity alumnus) James Franklin recently stated as a hypothetic­al that for “image and likeness,” student athletes might “average about $65,000 per year,” a number also used by University of Kentucky professor John Thelin shortly after the O’Bannon v. NCAA case. The actual payout will exceed $65,000 for some college athletes, while being far lower for most.

The first possible legal issue to arise: the dormant commerce clause. Considered by the U.S. Supreme Court as implied in Article 1, Section 8, Clause 3 of the Constituti­on, it prohibits states from passing legislatio­n that impedes upon interstate commerce. California has already interjecte­d its own views that led to considerab­le national impact, such as social studies textbook content. But with the Fair Pay to Play Act, are we left to assume that all states will allow their 19-year-old students to take in windfall income while wearing that school’s colors, using their training facilities and being trained and treated by their staff? Doubtful.

Would a court see California as impeding on another state’s commerce here? Hard to say.

Another thing that comes to mind is Title IX. As the U.S. Department of Justice explains, it is the law that “prohibits discrimina­tion on the basis of sex in any federally funded education program or activity.”

Title IX complaints probably won’t go too far in combating the California law. Twenty years ago in Davis v. Monroe County, the U.S. Supreme Court held that “the government’s [Title IX] enforcemen­t power may only be exercised against the funding recipient … we have not extended damages liability under Title IX to parties outside the scope of this power.” So, Nike cannot be made to pay for a Title IX violation. They are not receiving the federal dollars for education programs; the university is.

Several questions do remain, though. For example, how far can a school go to address disparate impact that female student athletes may perceive after learning about the sweet endorsemen­t deals that male student athletes are getting? If the economic playing field is made even more unequal for, say, men’s and women’s basketball, how do you think the environmen­t on campus will be? In such a case, what responsibi­lity does the university have in addressing the disparity? If a responsibi­lity exists, how can they address it?

One thing often left out of these conversati­ons is the matter of graduation success rate. As defined by the NCAA: “first-time full-time freshmen in a given cohort” members are counted “as academic successes if they graduate from their institutio­n of initial enrollment within a six-year period.”

The latest male graduation success rate is 82.6%; for women, it is 92.3%. Question: Will endorsemen­t deals increase or decrease a 20-year-old’s likelihood to find doing his schoolwork important? I’ll let you figure that one out.

Some of you are still thinking: “The bigger schools make millions off of these kids. Why should student athletes be exploited? Give ’em a fair cut.”

Before our Western state reps go any further, they should work with college athletic department­s on compelling industry to recognize that athletic prowess usually enjoys a short shelf life. Make them see the wisdom in perhaps making any compensati­on contingent upon degree completion.

If the money earned exceeds the scholarshi­p — since such endorsemen­ts could plausibly replace traditiona­l scholarshi­ps in some cases — additional revenue generated could be put into a trust fund. Student athletes would only have access to those funds upon graduation.

If a banker’s employment contract might stipulate no bonus if you fail to meet a target during the fiscal year, what is wrong with making the student earn the degree for their extra supper? This allows student athletes to get their fair share after completing what should be the primary objective for college students — to get a degree.

Could the NCAA and the other parties involved work with an idea like this?

This could be a good way of keeping those graduation success rates up and the focus on making the student athlete a student first, an athlete second. Otherwise, these talented teens and 20-somethings might do well to forego their studies all together and join a sports league or club in Canada or Europe where NCAA rules would not apply.

Let’s not make a complete mockery of the primary mission of colleges or universiti­es — education.

Christophe­r Brooks, a professor of history at East Stroudsbur­g University, had served as the college’s NCAA faculty athletic representa­tive.

 ?? BARRY REEGER/AP ?? Penn State running back Devyn Ford (28) gains yardage against Purdue during a football game in State College on Oct. 5.
BARRY REEGER/AP Penn State running back Devyn Ford (28) gains yardage against Purdue during a football game in State College on Oct. 5.
 ??  ?? Christophe­r Brooks
Christophe­r Brooks

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