The introduction of name, image and likeness rights into college sports has reshaped the landscape in ways far beyond anyone’s expectations when the crusade for amateur athletes’ fair compensation began. Now in the nascent days of the new policy, the collegiate sports realm has turned into something of a wild west atmosphere thanks also to the emerging importance of the transfer portal.
In response to concerns about the scales tipping too far early on, the NCAA Board of Directors convened to address those gripes and attempt to rein in what has been akin to a wild, unbroken stallion resisting its master. On Monday, the board issued its official response in a press release, which you can read in its entirety below.
The Division I Board of Directors on Monday issued guidance to schools regarding the intersection between recruiting activities and the name, image and likeness environment.
Board members emphasized a continued support for the ability of student-athletes to benefit from their name, image and likeness. The guidance is intended to provide clarity for those engaging in a rapidly evolving NIL environment, acknowledging that the environment will continue to evolve, and ongoing attention will be needed to ensure student-athletes are able to benefit from these opportunities.
The guidance was developed by a task force of national leaders with student-athlete opportunity at the forefront of discussions. Specifically, the guidance defines as a booster any third-party entity that promotes an athletics program, assists with recruiting or assists with providing benefits to recruits, enrolled student-athletes or their family members. The definition could include “collectives” set up to funnel name, image and likeness deals to prospective student-athletes or enrolled student-athletes who might be considering transferring. NCAA recruiting rules preclude boosters from recruiting and/or providing benefits to prospective student-athletes.
The guidance is effective immediately. For violations that occurred prior to May 9, 2022, the board directed the enforcement staff to review the facts of individual cases but to pursue only those actions that clearly are contrary to the published interim policy, including the most severe violations of recruiting rules or payment for athletics performance. Schools are reminded of their obligation to report any potential violations through the traditional self-reporting process.
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