• Loading stock data...
Friday, March 29, 2024
2024 Best Venues nominations are open now through April 8! Submit Now

Reconsidering NIL Governance

  • The first NCAA constitution draft asked that divisions write consistent NIL “regulations.”
  • But the second draft asked only that divisions write "guidelines," a potential legal necessity.
Photo: Robert Deutsch-USA TODAY/Design: Alex Brooks

The first draft asked that divisions write consistent NIL “regulations.” But that may not be possible.

The new draft tempered the language, asking divisions to provide only suggestions. It states: “Each division shall establish guidelines regarding student-athlete benefits, including commercialization of name, image or likeness.”

As usual, the change is necessary in order to keep the NCAA from baiting a lawsuit.

  • The Alston decision implied it would be illegal for the NCAA to institute association-wide NIL rules. That also might apply to the division level. 
  • Both legal experts and NCAA members have acknowledged this roadblock.
  • In a press conference after the Constitutional Convention, NCAA President Mark Emmert said that the members would have to make sure that every aspect of the constitution “comports” with the Alston decision. 

And even if division-specific NIL regulations were legal, they still might not make sense logistically.

During the Constitutional Convention, at least two Power 5 conference executives noted that different NIL state laws would make it impossible to create blanket regulations for schools in different states.

Now, the governing body is back to square one. It’ll have to wait for Congress to pass a federal law.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

NCAA Wants to End Prop Betting on College Sports. Will It Succeed?

The announcement comes just days after the NBA began investigating a prop scandal.

How Lack of Planning by NCAA, Gonzaga Led to Racial Abuse of Utah Athletes

The NCAA gave Gonzaga a waiver to place teams in an extremist hotbed.

NCAA President Calls for Nationwide Ban on College Prop Bets

The NCAA president is reacting to the recent betting turmoil in sports.
podcast thumbnail mobile
Front Office Sports Today

Why the Timberwolves Sale was Called Off

0:00
0:00

Featured Today

March 22, 2024, Brooklyn, NY, USA; Northwestern Wildcats guard Brooks Barnhizer (13) and Northwestern Wildcats guard Boo Buie (0) react in overtime against the Florida Atlantic Owls in the first round of the 2024 NCAA Tournament at the Barclays Center.

‘An Expensive Game’: March Madness and NIL Collectives Are Intertwined

At schools nationwide, collectives are fueling NCAA tournament runs and vice versa.
Iowa’s Caitlin Clark (22) waits to be announced in the starting lineup against West Virginia in a NCAA Tournament round of 32 game Monday, March 25, 2024 at Carver-Hawkeye Arena in Iowa City, Iowa.
March 26, 2024

The Women’s Trading Card Market Is Overlooked. Can Caitlin Clark Change That?

Traditionally, women’s sports cards have been a marginal part of collectibles.
The Sports Illustrated cover signed by Derek Jeter and Alex Rodriguez, February 27, 2019, at Don & Charlie's, 7501 E. Camelback Road, Scottsdale. Don Charlie S
March 24, 2024

Everything You Need to Know About the Ongoing ‘Sports Illustrated’ Saga

Understanding the strange state of affairs for the nearly 70-year-old publication.
March 23, 2024

The Good, the Bad, and the Ugly: Inside the Big East’s Bizarre Online Subculture

Peeling back the curtain on the ‘phenomenally weird’ Big East online ecosystem.

Careers

Powered By

Careers in Sports

Looking for a new job? Check out these featured listings and search for openings all over the world.
Live Nation
Multiple - USA Careers
Adidas
Multiple - USA Careers
Spotify
Multiple - USA Careers
March 22, 2024

March Madness Upsets Reflect Deeper Changes in College Landscape

Calipari laments the reduced role in the sport for younger players.
March 25, 2024

The Brian Kelly ‘Hit Job’ Kim Mulkey Ripped Is Barely About Brian Kelly at All

The article was hardly about Kelly at all.
Sponsored

How Daily Fantasy Sports Solved NBA Fantasy

The remarkable growth of the #1 Discord sports server in the world.
Mar 21, 2024; Brooklyn, NY, USA; Stetson Hatters guard Stephan Swenson (30) reacts during team practice at Barclays Center.
March 22, 2024

First-Time NCAA Men’s Tourney Bids Could Be on the Verge of Extinction

Power and success are consolidating around the richest teams in college sports.
March 21, 2024

Is Bigger Better? Coaches Divided on March Madness Expansion

Expanding the men’s NCAA tournament has been a big talking point this week.
March 21, 2024

Ready for Liftoff: Women’s Hoops Set to Break March Madness Viewership Marks

The women’s NCAA tournament tips off Friday afternoon.
March 21, 2024

Ian Eagle Is Ready to Get March Madness Started

He succeeds Jim Nantz as the lead play-by-play announcer for CBS and TBS.