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NIL Enforcement Actions are Here: How Can Institutions Prepare for Possible NIL Enforcement Actions?

On March 21, 2023 by Schnader in Publications

Monica Matias Quiñones published an alert, “NIL Enforcement Actions are Here: How Can Institutions Prepare for Possible NIL Enforcement Actions?”

When the NCAA announced its interim policy allowing college athletes to monetize their name, image, and likeness (“NIL”), few could have predicted the NIL activity frenzy that would quickly ensue. With states racing to provide the most appealing regulatory framework for college athletes, NIL collectives dominating the marketplace, and college athletes being offered lucrative and enticing deals, the NCAA struggled to delineate and enforce rules and limits on NIL activity. 

However, just last month, the NCAA issued its first ever ruling on an NIL infraction and warned that it is in the process of investigating various other possible NIL violations. This new focus on pursuing discipline for NIL infractions is likely due in part to the NCAA’s adoption of Bylaw 19.7.3, which allows the NCAA to presume that an NIL infraction has occurred based solely on circumstantial evidence. With an uptick on NCAA investigations and infractions expected in the near future, NCAA member institutions should be proactive in preparing for possible NCAA inquiries regarding NIL violations.

Click here to read the full alert.

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