NCAA establishes Interim Policy on NIL for college, high school student-athletes

A long battle between college athletes and the NCAA seems to be over, for now, as the NCAA officially released an interim regulatory action permitting athletes on the collegiate and high school level to benefit from their name, image, and likeness without jeopardizing their eligibility. After an unanimous decision by the Supreme court, 9-0, the NCAA had no choice but to issue this interim policy until federal legislation is adopted. From the Quick Guide to the New NCAA Interim Policy, it states:

“The NCAA will continue working with Congress to develop an NIL approach that provides the uniformity and detail individuals, and schools deserve. Though the current legal and legislative environment prevents a permanent solution at this time, the interim policy provides immediate access for individuals in states without an NIL law or executive order”.

Ganay Thompson

With the exciting changes taking place and the rush of a new era for amateur sports, many questions are still left unanswered as to how this system will impact the games and athletes on and off the field. A few players across the nation have already revealed their plans for profiting under the new NIL laws. With the rules and regulations for each state slightly differing, clarity on the “how” and “when” for both athletes and universities seems out of reach.

What is not left unclear is the NCAA’s rules prohibiting pay for play and impermissible inducements. Which means that the following are not allowed:

· NIL compensation contingent on enrollment at a particular institution.

· Compensation for athletic participation or achievement.

· Permit compensation for work not performed.

The board made sure to harp on these points and let it be known that they have no intentions of changing or removing these components.

“The new policy preserves the fact college sports are not pay-for-play,” said Division II Presidents Council chair Sandra Jordan, chancellor at the University of South Carolina Aiken. “It also reinforces key principles of fairness and integrity across the NCAA and maintains rules prohibiting improper recruiting inducements. It’s important any new rules maintain these principles.”

Ganay Thompson

But if the activity is consistent with the NIL laws of the state in which the school is located, they are free to engage. This provides a potential situation for mishaps and highlights that this is only a temporary solution to an issue that is still working itself out. There is no doubt that more change is on the way but with the first batch of states, one of them being Florida, opening the flood gates with their own NIL legislation, the NCAA release of an interim policy is one of strategy as they continue to work alongside congress to hopefully pass federal legislation.

In the meantime, the best bet for Florida State athletes and Florida State recruits would be to avoid accepting money or pay in exchange for athletic performance or inducement for enrollment and to follow their state laws related to NIL activities, if applicable. If confused or in need of answers, the NCAA states contacting the school or State representative in which you reside or are enrolled at is the best and safest option.

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