Governor’s executive order opens door for UGA, Georgia Tech to directly compensate athletes

Georgia and Georgia Tech athletic directors applaud Brian Kemp’s decision
Georgia coach Kirby Smart (left) is greeted by UGA President Jere Morehead (center) and Governor Brian Kemp during the celebration of the Bulldogs going back-to-back to win the 2022 National Championship at Sanford Stadium, Saturday, Jan. 14, 2023, in Athens. (Hyosub Shin / Hyosub.Shin@ajc.com)

Credit: Hyosub.Shin@ajc.com

Credit: Hyosub.Shin@ajc.com

Georgia coach Kirby Smart (left) is greeted by UGA President Jere Morehead (center) and Governor Brian Kemp during the celebration of the Bulldogs going back-to-back to win the 2022 National Championship at Sanford Stadium, Saturday, Jan. 14, 2023, in Athens. (Hyosub Shin / Hyosub.Shin@ajc.com)

ATHENS — Georgia Gov. Brian Kemp never has attempted to hide his passion for college football, especially when it comes to his alma mater, the University of Georgia. That fact was underscored Tuesday as Kemp signed an executive order which appears to open the door for post-secondary institutions to directly compensate players via name, image and likeness opportunities.

The order was introduced so that college athletes in the state of Georgia can “compete on a level playing field and not forego compensation” available to athletes in other states, according to a copy of the order provided to The Atlanta Journal-Constitution. Based on the language therein, the order would provide the state’s intercollegiate athletic organizations such as Georgia and Georgia Tech with protection from “any adverse actions” that otherwise might be taken by “the NCAA, an athletic conference nor any other organization” with authority over intercollegiate athletics.

Nobody was more appreciative about the order than Georgia coach Kirby Smart, who said the action was needed to remain competitive.

“We want to be as competitive as we can be in our field of endeavor,” Smart said after the Bulldogs’ practice Tuesday evening. “It’s not just us; it’s the whole state of Georgia. So, I’m very appreciative of Gov. Kemp and his staff for allowing us to be competitive and putting us on a level playing field and continuing to support our student-athletes. This is for their benefit.”

Georgia Athletic Director Josh Brooks and Tech AD J Batt issued a joint statement Tuesday afternoon expressing appreciation to the governor for his action.

“We extend our sincere gratitude to Governor Brian Kemp for his leadership today,” the ADs said. “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.”

Other states have taken similar actions in recent weeks and months. Such executive orders at the state level effectively provide insulation from the NCAA or conference enforcement for violating bylaws regarding the compensation of college athletes.

Currently, college athletes in the state receive NIL compensation via third-party “collectives.” Georgia’s primary outlet is the Classic City Collective. Such groups are considered private corporations and are not subject to open-record laws. For that reason, their exact budgets aren’t known.

However, Smart has told donors at fundraising events across the state that the Bulldogs need at least $20 million annually to competitively compensate UGA football through the collective. That is far below what some programs’ collectives claim to spend. But, again, there is no true transparency there.

“Some people are willing to spend beyond their ability to raise (money),” Smart said. “We’re not going to have unfulfilled promises. We’re not going to have guys reach back out and say they said they could do this and they didn’t.’ ... We’re not going to put our body too much over our skis. It’s a hard world out there.”

Quarterback Jaden Rashada, one of Georgia’s current players, is engaged in a lawsuit with Florida over unfulfilled promises. Rashada left the school after it failed to make good on an NIL compensation deal allegedly worth more than $12 million. He attended Arizona State last year without an NIL agreement, and then transferred to UGA this past spring.

That said, while compensation is now a legal component of the college game, Smart said he hopes it never becomes all about money.

“You want people in your program who don’t make it just about that,” Smart said. “When it’s just about that, it will never stop. That’s not going to change based on what the governor does. It’s not like we all the sudden have this open surplus. But it’s helping us be competitive with others. I’m sure Georgia Tech feels the same way. They’re out there competing.”

Meanwhile, some Georgia football donors told the AJC they are experiencing donor fatigue. In addition to pressure to contribute to the collective, they also are being hit with rising ticket prices and rising donation minimums for ticket-priority status and parking.