SEC Commissioner Sankey raises concerns over Senate sports bill

Southeastern Conference Commissioner Greg Sankey has voiced concerns that a recently introduced Senate bill aimed at reforming college sports could inadvertently lead to an increase in lawsuits, contrary to its stated purpose. In a letter to SEC presidents and chancellors, Sankey outlined specific areas of the "Protect College Sports Act" that he believes require revision to avoid unintended legal exposure.

Sankey's primary worry centers on provisions that would allow athletes to file civil lawsuits in certain circumstances. He argued that as currently drafted, these sections are more likely to fuel litigation than curtail it. Despite these reservations, Sankey indicated that the SEC and Big Ten, while not endorsing the bill in its present form, believe targeted amendments could provide the "meaningful stability and accountability needed in college athletics."

The bipartisan bill, co-sponsored by Senators Ted Cruz (R-Texas) and Maria Cantwell (D-Wash.), is presented as a critical opportunity to establish lasting changes in college sports. Senators have expressed openness to modifications within the 111-page measure.

Sankey's letter detailed two dozen points of contention, many of which relate to the leagues' long-standing push for limited protection against lawsuits and preemption of state laws. He proposed broadening the preemption clause to encompass recruiting inducements, tampering, and non-NIL compensation, in addition to existing NIL, transfer, and eligibility issues. Furthermore, Sankey called for clearer language to shield schools and conferences from litigation if they are compliant with the law post-passage, emphasizing the need for the bill and the recent House settlement framework to work in concert.

Additionally, Sankey addressed the controversial proposal to alter the Sports Broadcasting Act, which would offer conferences an option to pool media rights. The SEC and Big Ten have expressed skepticism about the potential revenue gains proponents claim. Sankey suggested that if the intent is for these provisions to be entirely voluntary, explicit language is needed to safeguard this decision-making process from being undermined by legal strategies. He raised the possibility of other conferences pooling postseason media rights, potentially excluding the SEC and Big Ten from a new football postseason structure that could supersede the College Football Playoff.

Regarding Name, Image, and Likeness (NIL) compensation, Sankey supported the bill's framework for evaluating deals but stressed the necessity of requiring disclosure to a national entity, such as the proposed College Sports Commission, in addition to campus administrators. This, he stated, is crucial for enabling independent enforcement and aligning with reporting requirements established in the House settlement.