By Andy Schwarz
Earlier this month, in a post-game speech he wrote and read on camera, LSU football player and Heisman Trophy hopeful Leonard Fournette announced he would auction one of his game-worn jersey to “the highest bidder” to benefit South Carolina flood victims.
His statement read as follows: “I want to send my prayers, condolences and empathy to the people of South Carolina. What they are going through reminds me of what my people were going through in New Orleans, Louisiana, 10 years ago with Hurricane Katrina. We played a game today, but the people of South Carolina are in need. I would like to auction off my game jersey, as is, to the highest bidder, to help out the relief efforts. The people of Louisiana not only care, but know firsthand what you in South Carolina are going through.”
Who could oppose such a gesture, especially one that was sprung to the public for the first time on a national TV post-game interview?
Well, technically, the NCAA Bylaws do. Here are the key, specific NCAA rules against what Leonard Fournette did yesterday:
12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions. A member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a noninstitutional charitable, educational or nonprofit agency may use a student-athlete’s name, picture or appearance to support its charitable or educational activities … provided the following conditions are met… (a) The student-athlete receives written approval to participate from the director of athletics (or his or her designee who may not be a coaching staff member), …
…
12.5 Promotional Activities.12.5.1 Permissible. (h) Any commercial items with names, likenesses or pictures of multiple student-athletes (other than highlight films or media guides per Bylaw 12.5.1.7) may be sold only at the member institution at which the student-athletes are enrolled, the institution’s conference, institutionally controlled (owned and operated) outlets or outlets controlled by the charitable, educational or nonprofit organization (e.g., location of the charitable or educational organization, site of charitable event during the event). Items that include an individual student-athlete’s name, picture or likeness (e.g., name on jersey, name or likeness on a bobblehead doll), other than informational items (e.g., media guide, schedule cards, institutional publications), may not be sold; and
Now, I am not a “Rules are Rules” guy. I am a “Bad Rules are Worth Violating as a Form of Civil Disobedience” guy. But I get a lot of “sure, the rules are bad, but you have to follow them” from people.
It is great that athletes should be able to direct their used equipment be auctioned off for the charity of choice. They should have total control of that, should not have to receive written permission from the director of athletics, and should be able to include “my mom” in the charities of their choice. All of that is clearly against the NCAA rules.
Ok, so if you think “my mom” is clearly not a charity, I would direct you to the New Testament, 1 Tim 5:8 “But if anyone does not provide for his own, and especially for those of his household, he has denied the faith and is worse than an unbeliever.” So there is at least one major religious faith that does think Charity begins at home.
Someone at the NCAA decided not to enforce these rules, perhaps because their injustice was so clear with respect to the real suffering going on in South Carolina.
But for the Rules are Rules crowd, if the charity had been less palatable to everyone (e.g., the NRA or Planned Parenthood or even a non-traditional religion like the Church of Satan — yes it’s real and yes, they take donations: http://www.churchofsatan.com/support-the-organization.php), would you have been so keen on waiving them? Is it basically just “Rules are Rules unless they aren’t”?
Look, I know this is trying to make a Philosophical mountain out of a PR molehill. If LSU had just stepped in and said “we gave written approval and we, not Fournette, are donating the jersey” the rules would have technically been followed and my whole point would vaporize. But that’s not what happened. Instead, the bible-like use of the NCAA manual (available here, if you care to read it: http://www.ncaapublications.com/productdownloads/D116.pdf) was suddenly discarded in the interest of doing the obviously just and correct thing.
I just wish that same preference for justice and respect of player’s wishes applied across the board. Remember, this is the same rule book used to prevent the swapping of game-worn gear for tattoos. And people lost eligibility and their jobs over what amounted to “hey, rules are rules” arguments.
Schwarz is a Partner at OSKR, LLC. For more on him, visit http://www.oskr.com/who-we-are/andy-schwarz-partner/
