Breaking down witness list for 10th NIL legislative hearing on Capitol Hill

Charlie Baker has gone all in for Tuesday’s legislative hearing on name, image and likeness.

The NCAA president released an op-ed in The Athletic on Monday, laying out what chips he has left to play. Included in the op-ed was a call for Congress to declare athletes are not employees, curtail recruiting inducements and work on Title IX protections for women due to NIL collectives.

His letter to elected officials closed fittingly: “I look forward to working with Congress to do it.”

Since taking over the top job at the NCAA this spring, the former Massachusetts Governor has made his NIL wishlist clear: A preemption of state laws, limited antitrust protection and an agent registry. The governing body has slowly started to take steps for a Plan B, with the D-I Council introducing four proposals earlier this month; they could go into effect as early as January.

How lawmakers receive Baker and the NCAA’s NIL requests will be determined on Tuesday.

The 10th legislative hearing dedicated to NIL since 2020, it’s hard to envision a path forward for NIL. Congress is currently dealing with a range of issues, from a war in Ukraine to the Israel-Hamas conflict to a looming government shutdown. Beyond that, a presidential election is looming and the House is trying to elect a new speaker.

The stakes are clearly high, especially considering the witness list that has been patched together by the Senate Judiciary Committee. The hearing is scheduled for 10 a.m. ET on Tuesday, named, “Name, Image, and Likeness, and the Future of College Sports.”

Multiple sources confirmed to On3 on Friday afternoon the witness list for the event. Since then, the judiciary committee has released the names.

Ahead of Tuesday’s crucial hearing, On3 is breaking down each witness that is scheduled to testify and what they can offer the committee:

Witness List

+NCAA president Charlie Baker – This will mark the first time he has publicly sat in front of lawmakers since he took over his post as NCAA president this spring. Since taking the job, however, he’s been lobbying elected officials for a federal NIL mandate. On top of the wishlist, he has been outspoken about the need for reform because of the transfer portal. Listeners should brace themselves for multiple references to the “bad actors.”

The most important questions to ask Charlie Baker in Tuesday’s NIL hearing

+Big Ten commissioner Tony Petitti – The former MLB executive has been outspoken on the need for NIL legislation, previously telling On3 it was “really important” that Congress shows support. He also has held the NCAA accountable, saying on multiple occasions that the governing body has to assist in resetting the NIL market. Petitti is against The Collective Association’s revenue-sharing model, which would call for collectives to disperse TV payouts to athletes. The former MLB executive cited Title IX as a significant hurdle.

+NIL collective leader Walker Jones – The CEO of Ole Miss’ Grove Collective is also a leader of The Collective Association, the trade association that now has 24 Power 5 NIL collectives. He won’t have any problems sticking up for collectives against Baker. At an event in June, the former Under Armour executive chided back at Baker. He will also speak to the good collectives have brought to college sports, generating roughly 85% of all NIL dollars currently in the marketplace.

+Florida gymnast Trinity Thomas – A four-time member of the U.S. Senior National Gymnastics Team, she became a star in the NIL Era with notable deals with Google and Amazon. The NCAA’s all-around gymnastics champion in 2022 was in D.C. this summer as a member of Florida’s delegation for SEC at the Capitol. She’s currently listed as a student assistant coach on Florida’s roster but will share experiences from her two years in NIL.

+NCPA executive director Ramogi Huma – An athlete advocacy group, the National College Players Association organized the NIL protest in March 2021. It also filed an NLRB complaint against USC, the Pac-12 and NCAA in February 2022 which NLRB Region 31 found merit in. 

+St. Joe’s athletic director Jill Bodensteiner – A member of the NCAA D-I Council NIL Working Group, she took over at St. Joe’s in 2018 after 20 years in the Notre Dame athletic department. As the NCAA continues to examine how it governs all three divisions and the differences between the Power 5 and the rest of college sports, Bodensteiner will be able to offer a unique perspective. Hawk Hill Alliance is the collective dedicated to St. Joe’s athletes and is run by the collective operations group Student-Athlete NIL.

+Notre Dame athletic director Jack Swarbrick – Set to retire in 2024, he is a veteran college sports leader. The athletic director wrote an op-ed with Notre Dame president John Jenkins in May, urging Congress to clarify athletes are not employees and give the NCAA the ability to enact and enforce rules for pay-for-play, among other wishes. He also called college football “a complete disaster” on the Dan Patrick Show back in August. When asked what solution he has, Swarbrick said, “We’re working on it.”