NIL has drastically changed the landscape of college basketball, making it possible for NCAA athletes to get paid for their name, image, and likeness. This source of financial compensation affects where high school athletes commit to play, how much NCAA teams can pay their athletes, and if a college athlete decides to transfer.
The push for college athletes getting paid started to make waves when Ed O’Bannon, a former UCLA forward, sued the NCAA in the late 2000s. O’Bannon argued that the NCAA violated antitrust laws because the players didn’t profit from their NIL in video games and broadcasts. The O’Bannon v. NCAA case is pivotal because the court sided with O’Bannon, chipping away at the mold that college athletes are amateurs who don’t need compensation.
NCAA v. Alston followed up on O’Bannon’s efforts to get college athletes paid in 2014 when “a group of NCAA Division I athletes filed antitrust complaints against the NCAA.” In 2021, the Supreme Court ruled that restrictions on athlete compensation violated the Sherman Antitrust Act, which is used for dissolving trusts. In June 2021, the NCAA officially permitted student-athletes to have their own brand. Since then, states have implemented NIL policies, and these vary from university to university.
There is no clear “nationwide set of rules” as the Supreme Court left the decision up to states to decide how they would handle NIL, according to an ESPN article. As NIL laws vary, some universities may have an advantage over others, allowing them to recruit the best players. This puts other universities, in states with not-so-great NIL laws, at a disadvantage.
According to NCSA, NIL has three parts:
Athletes can engage in NIL activities if they follow state laws, which means schools have to ensure activities comply with state laws.
Athletes located in states without NIL laws can still participate in NIL activities without breaking any of the NCAA’s rules.
Athletes are also allowed to have professional service providers for any NIL activities.
NIL in the Big East
It’s no secret that athletes want to play for top teams and get the best NIL deals possible. The Big East is a desirable destination for a lot of players because of the high competition level, including the back-to-back NCAA tournament champions, the UCONN Huskies.
The Big East was formed in 1979 and has been held in high regard since its inception. There was a 75% increase in the amount of Division I men’s basketball transfers from 2021 to 2023, and the Big East has been turned upside down. Several key transfers have come in and out over the past few years, giving teams a drastic makeover.
A primary example is Dylan Addae-Wusu, who transferred to Seton Hall in 2023 after a three-year stint with the St. John’s Red Storm. Addae-Wusu was a pivotal piece to the Pirates’ NIT tournament victory, serving as the team’s “glue guy.” He brings a bit of everything on both sides of the ball, and his hustle is invaluable.
Bensley Joseph joined the Providence Friars and is averaging a career-high in points (11.3 PPG). Joseph has started in 13 out of the 14 Friars' games thus far and even tied his career high of 21 points in the season opener against Central Connecticut. He previously played for Miami and is known for his shooting ability and intense defense.
Kadary Richmond transferred to St. John’s heading into the 2024-25 season and is currently averaging 9.1 PPG, 5.3 RPG, and 5.1 APG. The Brooklyn native is in his graduate year and is wearing a new number, #1, for the season.
It only takes a quick look at the long list of players who’ve transferred schools to realize that NIL and the transfer portal have turned the Big East upside down. Despite all the headway that the players have made toward getting paid, the next president stands in their way: Donald Trump.
The presidential election and its impact on NIL
The NCAA has still been fighting aggressively for college athletes to be recognized as amateurs, not as employees. This battle has been ongoing for five years, with the House of Representatives dominated by Republicans and the Senate dominated by Democrats.
The Senate was recently overtaken by the Republicans. With the majority of both the House and Senate being red and Trump set to be inaugurated on Jan. 20, this poses a major threat to college athletes getting paid.
Tim Buckley, the NCAA’s senior vice president of external affairs, said that the NCAA’s goal is to prevent student-athletes from being forced into becoming employees of their school, achievable with the incoming Republican majority. The NCAA “has sent athletes to Capitol Hill to tell Congress they don’t want employee status,” according to the Associated Press.
According to an Insider Higher Ed article, critics say that NIL “has ushered in a pay-to-play era,” as many athletes are transferring to schools that have better NIL policies. Republicans feel the true meaning of sports is lost, as college athletes are more focused on money and brand deals than the sport they play. Many “heavy hitters” in college sports, are pushing Congress “to provide guidelines to keep NIL from becoming an arms race that will empower top athletic programs and conferences while leaving others behind,” according to the article.
There is still hope for the athletes though, as it’s not a simple process for the NCAA’s bill to become law; there are plenty of legal challenges that the NCAA will face.
Catholic Institution Restrictions
Unlike some other conferences, the Big East has more restrictions on endorsements because nine out of its 11 schools are Catholic institutions. There are messages and products that these Catholic schools don’t want their players representing. For example, Seton Hall has their own “prohibited endorsement category” to prevent players from supporting anything that doesn't align with the school’s values and beliefs.
You could probably guess a lot of what’s in the “prohibited endorsement category”: weapons, adult entertainment products, gambling, etc. However, some others may not have come across your mind that include, but are not limited to abortion, divorce, and artificial contraception. While these are topics of debate, the fact remains that they don’t align with the Catholic ideals of Seton Hall.
Challenges of NIL & the transfer portal
In an ever-changing landscape, teams need to stay on their toes to thrive. Not only is it difficult to recruit players, it’s a whole other challenge to keep your players. Coaches work all year to build a culture that the players buy into long-term and not just for one season. Player development and ample opportunities for athletes are two of the most important factors that decide if a player wants to be a part of a team in the long run.
“Yeah, I think, you know, nowadays with NIL and portal and all the transactional feel of college sports, I think culture is more important than ever,” Dan Hurley, UCONN men’s basketball head coach, said on the Pat McAfee Show.
With so many new faces each season, it’s increasingly challenging to build team chemistry. The growing pains are evident for most teams, and they only have a short window of time before the competition starts to heat up.
Seton Hall’s culture remains the same
The Pirates have re-tooled their roster, with several new players. Chauncey Jenkins, Yacine Toumi, and Prince Aligbe have been impactful transfers so far. Despite the change in players, head coach Shaheen Holloway still looks to build his team around the principles that have allowed him to shatter expectations time and time again: bring energy and out-hustle everyone on the court.
