The Office of the National Commission for Academic Accreditation and Evaluation sent a memo to member institutions on Tuesday in which the organization clarified its name, image and similarity policy, according to multiple reports. The updated interpretation urges schools to follow the NIL rules established by the NCAA rather than the more lenient guidelines recently passed by many state legislatures around the country.
To date, 32 states have adopted their own version of NIL regulations for public education institutions, with many containing language preventing the NCAA from imposing its own NIL policy. The NCAA memo states that because membership in the organization is voluntary, state laws are irrelevant when they conflict with membership guidelines.
In addition, the memo reiterates that boosters may not have direct contact with recruits during the recruitment process to discuss potential NIL opportunities as an inducement to recruit.
“The association has been clear and insists that schools must comply with NCAA legislation (or policy) when it conflicts with permissive state laws,” the memo read. In other words, if a particular institutional action is permitted by state law and the same action is prohibited by NCAA legislation, the institutions must follow NCAA legislation.
Many member institutions have used the power vacuum to push the envelope on asymmetrical endeavors. Notably, Texas A&M’s primary supporting organization announced a fundraising effort called the 12th Man + Fund, which was set up to raise NIL dollars using the fundraising arm of the university. The campaign is in direct conflict with NCAA guidelines, which prohibit universities from participating in fundraising for NIL purposes. In addition, the overlap of NIL fundraising with college fundraising allows boosters to receive athletic section benefits, which is expressly prohibited by NCAA rules.
Despite seemingly violating the textbook, the NCAA has yet to act on the Man+ XII fund more than four months after it was created. Texas House Bell 2804, which will take effect July 1, prevents the NCAA from imposing sanctions against Texas A&M for violating NIL rules. Without a doubt, the NCAA’s enforcement of the rules against the Texas A&M group would lead to lawsuits.
Texas A&M isn’t the only school benefiting from the gray area. Miami booster John Ruiz has signed numerous deals with Hurricanes athletes across multiple sports. Instead of trying to target NIL deals, the NCAA Ruiz and Miami appeared Technically, Miami women’s basketball was fined and probated because the assistant coach helped deliver twins Haley and Hannah Cavender to Ruiz.
The NCAA sanction against the Cavinder Twins and Miami basketball remains the only general enforcement the organization has had on the NIL.