NCAA announces further guidance with 'improper behaviors' in NIL deals |
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. "Today, the Division I Board of Directors took a significant first step to address some of the challenges and improper behaviors that exist in the name, image and likeness environment that may violate our long-established recruiting rules. While the NCAA may pursue the most outrageous violations that were clearly contrary to the interim policy adopted last summer, our focus is on the future. The new guidance establishes a common set of expectations for the Division I institutions moving forward, and the board expects all Division I institutions to follow our recruiting rules and operate within these reasonable expectations," said board chair Jere Morehead, president, University of Georgia. The board noted that the emphasis of this NIL guidance is on boosters in the recruiting process and is not intended to question the eligibility of prospective and enrolled student-athletes involved in NIL deals. Only the most serious actions that clearly violate the previously published interim policy would have eligibility implications. The board adopted the interim guidance last summer with an understanding that they would consider further guidance as the name, image and likeness environment developed. This additional guidance is appropriate now as there is better understanding about the impact on student-athletes. Board members also urged schools to investigate, detect and self-report violations and cooperate with the NCAA enforcement staff as they investigate. Board members acknowledged that more work must be done and asked the Division I Council to continue exploring additional measures to better ensure name, image and likeness opportunities align with NCAA values and protect the well-being of student-athletes. Per The Athletic, the guidance includes: * A booster is, in part, defined as an individual, independent agency, corporate entity (e.g., apparel or equipment manufacturer) or other organization who is known (or who should have been known) by a member of the institution's executive or athletics administration to have participated in or to be a member of an agency or organization promoting the institution's athletic program or to assist or to have assisted in providing benefits to enrolled athletes or their family members. * Recruiting conversations between an individual or entity that has triggered booster status (booster/NIL entity) and a prospect are not permissible. * Booster/NIL entity may not communicate (call/text/direct message) with a prospect, prospect's family or others affiliated with a prospect for a recruiting purpose or to encourage the student's enrollment at a particular school. * College coaches and staff may not organize, facilitate or arrange a meeting between a booster/NIL entity and a prospect (e.g., provide the individual or entity with a recruiting list or watch list, including the NCAA Transfer Portal). * College coaches and staff may not communicate directly or indirectly with a prospect on the behalf of a booster/NIL entity. * NIL agreements must be based on an indepedent, case-by-case analysis of the value that each athlete brings to an NIL agreement as opposed to providing compensation or incentives for enrollment decisions (signing a letter of intent or trasferring), athletic performance, achievement or membership on a team. * An NIL agreement between an athlete and a booster/NIL entity may not be guaranteed or promised contingent on initial or continuing enrollment at a particular school. Here are the specifics of the actual NIL guidelines that were just sent out to NCAA Division I membership, effective immediately and obtained by @TheAthletic: pic.twitter.com/fkcb7EyHql
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