Has The NCAA Not Learned NIL Policy Lessons Of The Past
In a stunning letter to its member schools on June 25, the National Collegiate Athletic Association said that colleges and universities must comply with NCAA policies on name, image and likeness even if those policies conflict with state laws. Purportedly in response to recent amendments to state NIL statutes that the NCAA deems to be too permissive, the association warned directly, “If a state law permits certain institutional action and NCAA legislation prohibits the same action, institutions must follow NCAA legislation.”[1] One must question the timing of this edict. Only recently, the NCAA announced that its Division I Board has directed its council to explore ways to assist student-athletes and their universities in navigating the muddy waters of NIL, acknowledging the complexity and outright inconsistency of the state legislative landscape. More specifically, on Aug. 2, the association informed its member schools that a working group of its Division I council would present specific proposals in October for rules governing: A registration process for agents and financial advisers who negotiate NIL deals on behalf of student-athletes; …