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Kemp shields Georgia institutions with NIL executive order amid NCAA uncertainties

By FOX 5 Atlanta Digital Team
Published  September 17, 2024 10:09pm EDT
Brian Kemp
FOX 5 Atlanta
article

Georgia Governor Brian Kemp speaks during the national championship celebration on January 14, 2023 in Athens, Georgia. (Photo by Todd Kirkland/Getty Images)

In brief: 

    • Georgia Governor Brian Kemp signs executive order protecting colleges from NCAA penalties over NIL compensation.
    • The order blocks punitive actions against schools for NIL deals and prohibits state funds from being used for these compensations.
    • The protective order is in effect until further federal legislation or the House v. NCAA case resolution.

ATLANTA - Georgia Gov. Brian Kemp signed an executive order Tuesday providing temporary protection for the state’s colleges and universities regarding NIL, "Name, Image, and Likeness" compensation, a move aimed at shielding institutions from potential NCAA penalties. 

The order prevents the NCAA, athletic conferences, or any governing body from taking "adverse action" against any of the state’s post-secondary educational institutions in connection with NIL-related compensation. This includes preventing sanctions for facilitating, offering, or providing compensation to student-athletes for the use of their NIL. 

"...neither the NCAA, an athletic conference, nor any other organization with authority over collegiate athletics shall take any adverse action against a post-secondary educational institution in the State of Georgia," Kemp’s executive order reads, "for such institution facilitating compensation, offering compensation, or compensating an intercollegiate student-athlete for the use of such student-athlete's NIL." 

The order makes it clear that state funds cannot be used to provide this compensation. "No postsecondary educational institution shall use funds allocated by the State of Georgia for such compensation," the order further states. 

SEE ALSO: Game changer: Georgia high school athletes can now monetize their talent

The executive order took effect immediately upon Kemp's signature and will remain in place until either a federal law is passed by Congress or a settlement is reached in the ongoing House v. NCAA case. 

The House v. NCAA case has sparked significant uncertainty over NIL compensation, as well as other issues such as scholarship limits. Earlier this month, U.S. District Judge Claudia Wilken ordered both parties to revisit their proposed settlement, citing concerns over several aspects of the agreement. Sources say the decision has left unresolved questions about when new regulations might take effect. 

Kemp’s executive order offers temporary relief for Georgia schools as they navigate these uncertainties and await more permanent solutions. The measure is seen as aligning Georgia with other states that have enacted similar NIL protections for student-athletes. 

The move comes amid heightened national scrutiny of NIL compensation, with many states pushing for reforms as legal challenges against the NCAA continue to unfold. 

SEE ALSO: Georgia quarterback suing Florida coach, others over failed NIL deal

In a statement on Tuesday, Georgia Tech director of athletics J Batt and Georgia director of athletics Josh Brooks issued a joint statement reading: 

"We extend our sincere gratitude to Governor Brian Kemp for his leadership today. In the absence of nationwide name, image and likeness regulation, this executive order helps our institutions with the necessary tools to fully support our student-athletes in their pursuit of NIL opportunities, remain competitive with our peers and secure the long-term success of our athletics programs."