Brief Summary of the New NCAA NIL Policy Press Release

On October 26, the NCAA issued a press release containing clarifications for its interim NIL policy.

Since the NCAA instituted an interim policy while calling on the Federal legislature to create a regulatory framework for NIL, the landscape has been somewhat unruly. However, to bring some sort of uniformity to the NIL space, the NCAA released “clarifications,” saying what is and is not permissible under the policy.

Per the clarification, as it relates to institutional support for student-athletes, no staff member of the athletics department, nor a company owned by a staff member may:

• Represent enrolled student-athletes in negotiating or securing NIL deals.

• Proactively assist in the development/creation, execution, or implementation of a student athlete’s NIL activity like developing products, promotional metals, or ensuring the performance of contractual NIL activities unless the same benefit is generally available to the institution’s students.

• Provide services other than education to support NIL activity. The NCAA specifically mentions graphic designers, tax preparation, and contract review, unless the same benefit is generally available to the institution’s students.

• Provide access to equipment to support NIL activity, like cameras, graphic software, or computers unless the same is generally available to the institution’s students.

• Allow student-athletes to promote their NIL activity while on call for required athletically related activities (i.e., celebrations on the court, press conferences, practice, pre- and post-game activities)

The full press release can be viewed here.

Stephon Burton is a 2022 graduate of Duquesne University School of Law in Pittsburgh, PA. He obtained his undergraduate degree from Washington & Jefferson College in 2019. He can be contacted via email at [email protected] or on Twitter @stephonburton