It has been over a year since the NCAA adopted the Interim Name, Image, and Likeness (“NIL”) Policy. Since then, student-athletes (“SA”) all over the nation have been closing deals and cashing checks. Yet, confusion and uncertainty surround the NIL landscape, leaving SAs and athletic departments to seek answers.
On Wednesday, October 26, 2022, the NCAA released guidelines to help athletic departments navigate the NIL space. The NCAA Board of Directors created these guidelines to clarify how “schools, coaches, and staffers can be involved with student-athletes endorsement and sponsorship deals.” For instance, schools are permitted to hold educational sessions for SAs to learn about financial literacy, taxes, and entrepreneurship. However, schools cannot provide “services to support NIL activity, such as graphic designers, accountants, or attorneys, unless the same benefits are made available to all students at the institution.”
Moreover, schools are allowed to inform student-athletes of NIL opportunities. In addition, schools may “arrange space for NIL entity and SA to meet on campus.” Although schools can promote or facilitate opportunities, these guidelines are to ensure schools are kept at an arm’s length during negotiations. For example, schools cannot “communicate with NIL entity regarding specific student-athlete requests or demand for compensation."
As the NIL space continues to evolve, one thing is certain... NIL is here to stay.
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