Jonathan Hevia

Agent certification for college athletes #NIL deals. Is it needed and desirable? I’ve seen so many people calling themselves NCAA certified even though the NCAA doesn’t certify NIL agents. There are many agents ignoring actual state registration laws with virtually no enforcement. Some of these agents shouldn’t even be in the business. I’ve come across agents asking for as much as 30% commissions on collective deals! But if you want regulation in this space, then I suppose you should be shouting for athlete employment and unionization, with the union licensing and regulating the agent profession. Until then, get used to no rules on these agents (I wouldn’t count on Congress). The current situation exists because the NCAA created it through inaction and their refusal to characterize athletes as employees. Let’s say agents can be regulated. Who should administer the certification and regulation? This is the critical piece that everyone misses. The proper model for agent certification comes through a players union in a collective bargaining framework. That’s how it works in professional sports leagues. The NFLPA, MLBPA, and NBPA all certify agents because the players are employees with a union representing their collective interests. To be clear, I’m not advocating for employment status or collective bargaining. But without athlete employment status (or some other workaround) and a union, any certification system lacks teeth. The NCAA has pitched a voluntary registration system, but voluntary systems don’t provide real protection. Individual states have registration requirements, but enforcement has been basically nonexistent. I haven’t heard of a single state attorney general or secretary of state coming down on an NIL agent who isn’t licensed. What should the requirements look like? If we’re serious about this, look at the professional models. An exam? Background check? Application fee? Three years to sign a player or you lose your license? Continuing education requirements? Fee caps on certain deals (not real marketing contracts)? But again, none of this will truly work without the foundational change of recognizing athletes as employees (again, unless there is a workaround to that) with union representation. That’s when you get real regulatory power and athlete protection.

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