Steve McClain, senior associate athletics director of communications at UF, directs a NIL seminar this week inside the Gator Room at Ben Hill Griffin Stadium. (Photo: Scott Carter/UAA)
Gators Embark on New Era with NIL Legislation Official
Thursday, July 1, 2021 | General, Scott Carter
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By: Scott Carter, Senior Writer
GAINESVILLE, Fla. — Steve McClain has spent more than 30 years working in college athletics and has dealt with a myriad of issues over the decades, much of that time as the University Athletic Association's official spokesperson to the outside world.
In McClain's world as senior associate athletics director of communications, each sunrise offers potential for a memorable day. Sometimes there's a brewing storm to navigate, other days a celebratory moment to amplify.
As of late, McClain's focus has been directed toward what had the college sports industry abuzz Thursday: name, image and likeness. McClain has been part of a committee of UAA administrators that has discussed NIL for more than a year and in recent months he has spearheaded communication efforts on the new state law internally and externally. Steve McClain
With NIL legislation in the state of Florida officially taking effect Thursday – permitting college athletes to make money off such activities as autograph signings, social media endorsements, TV advertisements and branded merchandise – McClain has been a walking, talking NIL encyclopedia this week.
He spoke to the football team Monday morning, the men's basketball team on Tuesday, baseball on Wednesday and women's basketball Thursday. In between, McClain held multiple seminars for coaches, players and UAA staff to explain the NIL laws in Florida and what is permitted and not permitted according to the current legislation.
"We are going to continue to educate our student-athletes, our coaches, our staff and our fans,'' McClain said. "This is new for everybody."
What does NIL really mean for student-athletes? That remains uncertain. While someone of ex-Gators quarterback Tim Tebow's stature in college will certainly reap financial rewards, the marketplace is in its first diaper and is expected to grow rapidly in the coming months and years. What that will look like remains largely a guess.
Still, the social media landscape offered ample examples Thursday of a new era in college athletics. Gators quarterback Emory Jones shared an image of a T-shirt for sale bearing his likeness. Receiver Jacob Copeland offered consumers a chance to purchase items branded with a personal logo. Rising senior gymnast Savannah Schoenherr shared a branded tweet from a food company.
UF senior gymnast Leah Clapper has a plan to maximize her window of opportunity, one she realizes won't be open long considering her career on the Gators stage doesn't have much time left.
"Profiting off name, image and likeness has always sounded like a really awesome opportunity to me, and I'm sure it's the same for a lot of other athletes,'' Clapper said. "Gymnastics is one of the sports where there are not a lot of pro gymnasts. There's a small handful of people that might go to the Olympics and get to do some brand sponsorships.
"Ninety-nine percent of gymnasts retire after college, so having this opportunity to get to use the platform that we have while we're in school, that's pretty much the biggest platform we are going to have as an athlete in the sport."
Clapper started a food blog and website after graduating from high school in 2018. She shares recipes and ideas about clean eating. Clapper added a podcast late last year. She slowly built her audience and now has a healthy following on social media of more than 5,000 on Instagram.
However, because of her position as a student-athlete, Clapper has been unable to monetize her efforts until now due to NCAA rules.
"It just sounded like a fun way to make a little bit of money,'' she said. "Then I quickly learned you can't do that if you are going to be an NCAA athlete."
While NIL legislation is a reality in Florida, much remains unknown about the impact the new guidelines will have on college athletics long-term.
As Thursday's date approached, the NCAA officially recognized the altered landscape when its board of governors decided Wednesday to suspend the organization's rules prohibiting student-athletes from benefiting financially from their names, images and likenesses.
NCAA President Mark Emmert acknowledged that the past model of amateurism was no more.
"This is an important day for college athletes,'' he said in a statement. "With the variety of state laws adopted across the country, we will continue to work with Congress to develop a solution that will provide clarity on a national level. The current environment – both legal and legislative – prevents us from providing a more permanent solution and the level of detail student-athletes deserve."
In his talks with those at Florida, McClain emphasizes that the guidelines the UF athletic department is operating under currently relate only to the state NIL laws, clarifying that as of now, there is no NCAA nor federal legislation governing the marketplace.
The UAA contacted more than 500 UF student-athletes on June 24 with a NIL guidance letter, and McClain has followed up with question-and-answer sessions.
Some of the key highlights:
UF coaches, UAA staff or donors may not compensate or arrange compensation to a current or prospective athlete for his or her name, image, likeness.
Athletes cannot use the UF or Gators logos unless rights have been secured Gator Sports Properties.
Athletes cannot enter into NIL agreements with gambling/sports wagering vendors or those associated with athletic performance-enhancing drugs.
Athletes may secure representation with a Florida-licensed sports agent or lawyer solely for NIL, but not beyond their duration as a UF athlete, in order to maintain their eligibility.
SEC Commissioner Greg Sankey is hopeful that the NCAA and Congress can work together to create more definitive NIL guidelines as more states pass NIL legislation and opportunities increase for student-athletes.
He released a statement Thursday through the SEC Office.
"Today is a significant day in college athletics as student-athletes may now market their name, image and likeness (NIL) rights. The SEC supports our student-athletes in these endeavors, but we remain concerned about the absence of a uniform national standard to govern NIL,'' Sankey said. "There remains the need for Congressional action to provide student-athletes and athletic programs the clarity and consistency needed to fairly and effectively function in this new environment. We look forward to the opportunity for continuing conversations with Congressional leaders on these important issues."
Until then, those in college athletics will attempt to navigate the uncharted territory to the best of their ability. The primary tool is education and providing good counsel to student-athletes eager to explore opportunities that until Thursday, were not available to them.
That likely means more NIL seminars in McClain's future.
"This is an ongoing process,'' he said. "What it looks like today might be different next week, next month or next year."
