‘Potential abuse’ could come from name, image, likeness legislation, Duke AD says

Duke athletic director Kevin White on Tuesday expressed concerns over name, image and likeness legislation, including the “potential abuse” that could come from it.

In a statement posted on the Duke athletics Twitter account, White said he and UNC athletic director Bubba Cunningham are in agreement on what could come from the legislation. He said people could “dismiss” their worries as athletic directors, but said it would be difficult to do the same with concerns voiced by athletes.

“The NCAA student-athlete advisory committee, made up entirely of undergraduate athletes, has expressed its concern that ‘There are a plethora of potential unintended consequences’ to permitting the use of NIL,” White said in the statement.

White’s statement poses a number of questions surrounding the impact the passing of NIL legislation would have on recruiting, resources such as equipment and apparel and the locker room environment.

The possibility of legislation being passed allowing athletes to profit off the use of their NIL has become increasingly more likely in recent months. California signed its “Fair Pay for Play” act into law on Sept. 30, 2019, making it the first state to make it a legal right for athletes to be compensated for use of their identities. It goes into effect In 2023.

A similar bill has been introduced in North Carolina, and the NCAA is also in the process of approving changes that would allow athletes to benefit financially from personal endorsements while still in school.

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As of Tuesday afternoon, White was the only ACC athletic director to speak out in support of Cunningham, who said several ADs in the conference shared similar concerns on a recent conference call.

Cunningham expressed his own concerns with the NIL legislation on June 3, specifically with communications between the NCAA and its member schools about the issue.

“Along with my colleague and friend Bubba Cunningham, of the University of North Carolina, I am concerned about potential complications attendant upon the actual implementation of NIL legislation,” White said in Tuesday’s statement.

Cunningham’s concerns came to light after CBS Sports obtained a letter from him to the Uniform Law Commission.

White has worked in college athletics for 45 years, previously holding AD positions at Notre Dame, Arizona State, Tulane, Maine and Loras College in Iowa. He is also the chair of the United States Olympic and Paralympic Committee’s Collegiate Advisory Council.

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