NIL Article

UTEP Men's Basketball team manages NIL deals in the Sun City 

By: Alicia Barron

The NCAA began allowing student athletes to make money from their name, image and likeness in 2021, bringing new opportunities for players to benefit from their personal brand. But now, smaller athletic programs like UT El Paso face challenges with keeping their top players in town. 

"We're all benefiting, and yet we're all not benefiting from it because we also lose good players," says Jim Senter, Vice-President and Director of Athletics at UTEP. 

NIL started in July of 2021, which allows student to profit from their name, image and likeness. This means that athletes are allowed to make money off of endorsements. Some examples of ways student athletes can make money is by appearing at events, promoting brands and even from posts on social media. 

Otis Frazier, UTEP's forward, says, "I've been in two, three commercials. I've done little events with the Miner Collective, like four events with them. Um, I've done little stuff for this Mexican restaurant."

Before 2021 the NCAA believed that allowing students to make money off of their name, image, and likeness would be a threat to their amateurism.Schools are not allowed to get involved in helping guide athletes to deals. And often, young players aren't sure of how to navigate opportunities while balancing their team schedules and school schedules.

"The challenge for many student athletes is they have very limited time and or expertise to build their brand and do those kinds of activities" Senter says. 

In order to help maintain a competitive team at UTEP, a group of local business leaders, UTEP alumni and fans formed the Miner Collective two years ago.

"We were in the cutting edge of it cause In order for UTEP to become a competitive team, keep its best players, and continue to stay up to date it will have to build dominance in NIL deals," says Robert Burton, executive vice president at Mithoff Burton and a Miner Collective board member.

The Miner Collective is a non-profit organization founded by Miguel Fernandez and Josh Hunt. Local businesses and fans can donate money to this collective to support the basketball team. The minimum amount to become a member of the Miner Collective is $1,000.

"We wanted to be competitive, we want to bring that kind of competition to El Paso we want to make sure our community is able to shine and so we don't want to get to far behind the ball," says Burton. 

The goal of the Miner Collective is to support the UTEP mens basketball team while also involving them with the community. The way the Miner Collective pays the athletes is by their services to the community whether that is volunteering at the local food bank or attending events. 

Fraizer says, "I don't know who does the whole, who gets paid, what, but I know that they tell us we have to go to an activity and we do it together as a team and then we get paid, but it's more so like every like four months or within a span of time."

In addition, some athletes are using digital sites like Opendorse to offer a range of services, social media shoutouts for $10 for a video or even attending an event for $10. Opendorse also serves as a communicator between athletes and the school. They have to upload any NIL deals they have participated in through this portal.

Athletes have also worked with local businesses by being part of their commercials. WinSupply first started working with athletes's when they were approached by KFOX 14 who first came up with the idea. 

"I wanted to do something that is different that helps the players get financial gain help local business be more local than they have been," says Matt Kaplowitz, KFOX General Manager.

Other local business like Sarah Farms and Home Water Services have also used UTEP athlete's in their commercials. KFOX contacts the players directly after consulting with the business about the creative idea. Pay varies by player's name/image/likeness. Players then get paid directly by the business for appearing in their commercial. 

“It's just really neat. And people recognize the kids. And they're like, hey, that's awesome. You had so and so on your commercial. And they're They're like little celebrities now," says Rebecca Valdespino, Communication and Marketing Director for WinSupply.

Each state has its own laws regarding NIL, but there are three universal rules that the NCAA put in place that must be followed. Players cannot be paid for play or receive recruiting incentives. The NCAA will monitor all activity expect compliance with state laws. The athlete must report all NIL deals or contracts. Before 2021 the NCAA believed that allowing students to make money off of their name, image, and likeness would be a threat to their amateurism.

On February 23 a federal judge in Tennessee ruled a preliminary injunction against the NCAA meaning that they will not be allowed to enforce any NIL rules or laws in Tennessee and Virginia until the lawsuit is settled. The ruling of the lawsuit could ultimately leave the NCAA out of making rules. This includes using NIL as a motive in recruiting and transfers. 

The NCAA announced on March 1 that they are "to pause and not begin investigations involving third-party participation in NIL-related activities.” says Charlie Baker NCAA President. NIL changes daily throughout states. 

The transfer portal is open and no one on the UTEP men's basketball team has entered.