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The NCAA’s latest “clarifications” to its name, image, and likeness policy — released in a four-page document on Wednesday — appear to mandate new rules that contradict previously acceptable NIL activities.
One jaw-dropping development: Schools cannot “engage in negotiations on behalf of an NIL entity or a student-athlete to secure specific NIL opportunities,” the NCAA said in a statement.
- While several state laws prohibit athletic departments from brokering NIL deals, others have no laws at all.
- Alabama, in fact, repealed its state law to allow for this.
- As a result, athletic departments nationwide have begun to hire employees to help procure deals for athletes. Many have already negotiated deals.
The NCAA also states departments can’t offer tangible resources like lawyers to review contracts, accountants to help with tax preparation, or graphic designers to create content.
Athletic department can offer these services, however, if they’re available to non-athlete students.
- The rule defies expert recommendations that schools should help athletes — many of whom can’t afford lawyers or agents — find quality NIL counsel.
- It also calls into question resources already provided, like partnerships with law school clinics.
As usual, the NCAA plans to investigate violations even if they occurred before these clarifications were published. It’s already beefing up investigative resources — earlier in October, the governing body posted a job for an NIL enforcement staffer.
