NCAA Division I Modifies Name, Image and Likeness (NIL) Rules and Penalties Effective Immediately

The NCAA Division I Board of Directors made significant modifications to the rules pertaining to the reporting of NIL deals to the designated clearinghouse, NIL Go.

Under legislation that was adopted this summer, Division I student-athletes “shall report all noninstitutional name, image and likeness contracts or payment terms, including those involving associated entities or individuals, with a total value of $600” within five business days of execution of the agreement containing the payment terms. (NCAA Division I Bylaws 22.2.2 and 22.2.2.2).

Yesterday, the NCAA Division I Board of Directors exercised their emergency legislation powers to amend the current rules to specify the consequences of student-athletes for failing to comply with their reporting obligation and to impose new reporting obligations on Division I institutions that are aware of their student-athletes’ noncompliance.

Under the amended legislation, if a student-athlete fails to report an agreement or payment within the five day period, the College Sports Commission (CSC) may impose discipline, including “rendering the student-athlete ineligible for future practice and competition.” (NCAA Division I Bylaw 22.2.2.2).

Pursuant to a newly enacted rule, if a Division I institution learns that a student-athlete failed to report a contract or payment, the institution has two business days within which it must determine if a failure to report occurred and report any violation to the CSC. If the student-athlete has not reported the deal to NIL Go within the two business day period, “the CSC shall immediately render the student-athlete ineligible for practice and competition … until the deal is reported.” (NCAA Division I Bylaw 22.2.2.2.1 (emphasis added)).

This new legislation was made effective immediately. Therefore, under its literal terms, any Division I institutions that have preexisting knowledge of their student-athletes’ violations of the NIL deal reporting rules have until tomorrow to inform the CSC of those violations and their student-athletes have the same time frame to report the deals or the CSC could render the student-athletes ineligible for practice and competitions as soon as Friday. The institution’s reporting obligation applies to any unreported NIL deals it learns of going forward.

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