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Jill Bodensteiner, JD, MBA, vice president and director of athletics at Saint Joseph’s University, visited Capitol Hill to serve as an expert witness at the U.S. Senate Judiciary Committee’s hearing on Name, Image and Likeness (NIL) and the Future of College Sports on Oct. 17.
Numerous landmark court cases and state laws around the compensation and treatment of student-athletes have changed the college athletics landscape and created a “wild, wild west,” according to Presiding Senator Richard Blumenthal and Ranking Minority Senator Lindsey Graham. The result has been proposals to categorize student-athletes as employees and existing recruitment and incentive packages disguised under NIL programs. Senators also expressed concern over protecting student-athletes from a “winning at all costs” mentality, with the senators alleging that student-athletes’ health and safety has been compromised in the name of victory.
Bodensteiner’s message was clear: At the vast majority of colleges and universities across the country, the current model of college athletics works well.
“Before we consider starting over and transitioning all student-athletes across the country to employee status — based largely on the issues facing one sport — I’d like to tell you a little bit more about life at St. Joe’s,” she said.
Bodensteiner cited the academic focus, excellent GPAs, retention and graduation rates of student-athletes on Hawk Hill, as well as the successful non-sport careers of many alumni, as hallmarks of a system that works well at Saint Joseph’s.
She also made it clear that health, safety and holistic care of the student-athlete is the top priority of her department. In response to a witness comment noting that the NCAA does not have a rule requiring institutions to protect the safety of student-athletes, Bodensteiner remarked that, “At St. Joe’s, we are not waiting for an NCAA rule to tell us to protect the health and safety of our student-athletes. We do so because it’s the right thing to do and fundamental to who we are.”
Bodensteiner was directly questioned by senators on elements being hotly debated in the national conversation: Should student-athletes be considered employees so that they can reap more benefits in highly lucrative athletic programs? Is the patchwork of NIL state-based rules working for student-athletes?
“In my opinion, the primary crisis facing college athletics is the threat of students becoming employees,” she said. “I do not believe employment status is the answer and neither do our students.”
Bodensteiner’s actions spoke as clearly as her words. Accompanying her to Capitol Hill was Tess Collins ’25, a food marketing major and track student-athlete, who posted her experience to Saint Joseph’s Instagram account. Collins met members of Congress, expert witnesses and sat front-row for the hearing.
Bodensteiner pointed out that tax penalties were likely to hit student-athletes hard and the likelihood that employment status would prevent international student-athletes from competing.
“On the other hand, we desperately need reform to NIL,” she said. “While current name, image and likeness state-based rules have opened up opportunities for student-athletes, a lack of consistency has caused confusion and gender disparity. Additionally, it has caused a bidding war among the most competitive programs based on attendance and retention of student-athletes rather than the individual’s name, image or likeness, as intended.”
Numerous local and national news outlets covered the hearing including the Associated Press via ESPN and The Philadelphia Inquirer.
More hearings and conversations with Congress are anticipated as multiple draft bills and proposals make their way through the legislative process. Bodensteiner is likely to be tapped as a resource.
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