Last week, the NCAA announced its most significant Name, Image, and Likeness (NIL) enforcement action to date, imposing various penalties against Florida State University and an assistant football coach for impermissible recruiting activities involving a booster and NIL collective.

According to the NCAA, the assistant coach violated NCAA NIL rules by transporting the recruit and his parents to an off-campus meeting with a Florida State University booster on behalf of the NIL collective “Rising Spear.” During the meeting, the booster encouraged the recruit to attend Florida State University by offering $15,000 a month for a period of at least one year. The assistant coach then denied facilitating the meeting, violating the NCAA principles of ethical conduct.

As a result of these violations, the following penalties were levied against Florida State University, the assistant coach, the booster, and Rising Spear:

• Two years of probation;
• A two-year show cause order for the assistant coach, including a suspension from the next three regular-season games, a two-week restriction on recruiting communication, and required attendance at a NCAA Regional Rules Seminar attendance;
• A restriction from off-campus recruiting during fall 2023 for the assistant coach;
• A three-year disassociation from the booster;
• A one-year disassociation from the collective;
• A $5,000 fine plus 1% of the football budget;
• A 5% reduction in football scholarships over the two-year probationary period, amounting to a total reduction of five scholarships;
• A reduction in official (paid) visits in the football program in the 2023-24 academic year by seven. The school also will not roll over six unused official visits from the 2022-23 academic year;
• A reduction in football recruiting communications for a total of six weeks during the 2023-24 and 2024-25 academic years; and
• A reduction in the number of in-person recruiting days during the 2023-24 academic year by six evaluation days during fall 2023 and 18 during spring 2024.

The NCAA’s decision also demonstrates the benefit of full cooperation throughout the investigation. Mitigating factors such as affirmative steps to expedite final resolution of the matter (NCAA Bylaw 19.12.4.1-(d)) and an established history of the University’s self-reporting of violations (NCAA Bylaw 19.12.4.1-(e) were weighed against the violations in accessing. These mitigating factors allowed for Florida State University to avoid steeper penalties such as the suspension of head coach Mike Norvell, a postseason bowl ban, or a greater reduction in scholarships. Other institutions facing future NCAA NIL investigations should consider these mitigating factors to alleviate the risk of higher penalties.

Kaufman & Canoles’ previous blog on the NCAA’s NIL enforcement action against Haley and Hanna Cavinder of the University of Miami’s Woman’s Basketball team signaled a potential increase in investigations and violations due to significant changes in the NCAA’s enforcement standards. The NCAA adopted bylaw 19.7.3 on January 1, 2023, which presumes that a violation has occurred merely from circumstantial evidence of impermissible conduct, shifting the burden of proof and creating potential challenges in defending against alleged violations.

With the adoption of a more lenient enforcement standard, the days of NCAA inaction may soon be replaced by a wave of strict and just enforcement of the rules as written. Institutions, coaches, boosters, and NIL collectives should review and confirm that they are in compliance with all rules and regulations and be willing to cooperate fully if and when an investigation is launched.