NCAA Opens Review Of NIL: Concern Over Recruiting Violations, Student Welfare

By Barry Janoff

February 18, 2022: Expressing a concern over violations of recruiting rules and the well-bring of student-athletes, the NCAA has started a review of the Name, Image and Likeness policies that began last July.

The NCAA said that the Div. I Board of Directors has charged the Div. I Council with “reviewing how name, image and likeness policies have impacted student-athletes, including school choice, transfer opportunities, academics and mental health.”

How much impact this will have remains to be seen as the NCAA is in the process of reassigning much of its overall power to university-run sports conferences and associations.

"We are concerned that some activity in the name, image and likeness space may not only be violating NCAA recruiting rules, particularly those prohibiting booster involvement, but also may be impacting the student-athlete experience negatively in some ways," board chair Jere Morehead, president at the University of Georgia, said via the NCAA via a virtual meeting on Friday.

"We want to preserve the positive aspects of the new policy while reviewing whether anything can be done to mitigate the negative ones."

A decision by the NCAA in July 2021 officially allowed student-athletes to seek and sign NIL deals. Some college athletes already had alliances in place.

Universities are able to establish their own sanctions when it comes to student-athletes, such as prohibiting endorsements of gambling, adult entertainment, alcohol, cannabis products and tobacco; as well as deals that may conflict with the school's own official marketing alliances.

Council chair Shane Lyons said the group “agreed that the current name, image and likeness climate should be reviewed.”

During the meeting, the NCAA said “involvement of schools in arranging for deals also was a concern, as well as how to best ensure adequate representation for student-athletes as they negotiate contract terms.

“The board welcomed congressional action toward a national, reasonable NIL standard that supports college athletes.

"We look forward to conducting this review and hope to be able to provide the membership with additional clarity," Lyons, AD at West Virginia, said via the NCAA. "Any recommendations we provide will help members as they support their student-athletes moving forward."

The board acknowledged that national office enforcement staff “have continued to investigate violations of NCAA rules, especially pay-for-play and recruiting inducements.

"We expect that all members and their representatives are abiding by current NCAA rules regarding recruiting and pay-for-play, which are in place to support student-athletes," NCAA president Mark Emmert said via the organization.

"We encourage school compliance staff to continue their diligence, and NCAA enforcement has and will continue to undertake investigations and actions against potential rules violations."

"We are concerned that some activity in the NIL space may not only be violating NCAA recruiting rules but negatively impacting the student-athlete experience.'

The board asked for a preliminary report by April, with a final report with recommendations for possible action due in June.

“This is an important day for college athletes since they all are now able to take advantage of name, image and likeness opportunities,” Emmert said via the organization last July.

“With the variety of state laws adopted across the country, we will continue to work with Congress to develop a solution that will provide clarity on a national level.”

However, according to Emmert, “The current environment — both legal and legislative — prevents us from providing a more permanent solution and the level of detail student-athletes deserve.”

NCAA Decision Opens Doors For Student-Athlete NIL Deals

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