11/21/2023 0 Comments Sports memoWhile it may be simple to curb the promotional aspect, good luck to the NCAA in causing collectives to now hold off on recruiting specific prospects. A collective also cannot engage in recruiting activities and/or the promotion of specific prospects prior to their enrollment. The NCAA says that it is impermissible for an NIL agreement to require that a prospect is in the local of the institution prior to enrollment in order to fulfill the terms of the agreement. Many of these deals come about before the athlete even commits to the school.įinally, under the impermissible offers section, the NCAA goes after what I referred to as the Zip Code Clause in Vol. Nijel Pack) and anyone who is not naive knows that a vast number of deals are at least verbally entered into with athletes prior to enrollment. ![]() We have seen pre-enrollment announcements ( i.e. The memo states that a representative of the institution's athletics (again, including a booster or collective) cannot announce and/or enter (whether verbally or in writing) into an NIL agreement with a prospect prior to their enrollment at the institution. The activity covered in the next prong is rampant. Again, while not occurring at every school, it is happening at certain institutions. Here, the memo begins by saying an institutional staff member cannot, in any way, offer, communicate and/or guarantee an NIL opportunity to a prospect, their family, or representatives during their recruitment. Honestly, if the NCAA sought to enforce this, it would probably need to multiply its staff by 100. Then, we get to the section on impermissible offers, which one would think the NCAA prioritizes enforcing over impermissible contact. ![]() The big question is whether the NCAA will do anything about it. ![]() I hate to break it to the NCAA, but this is likely occurring with every single 4 and 5-star prospect. ![]() Additionally, there are likely instances where staff members were very much directly involved in contacting prospects to discuss specifics about potential NIL deals.įurthermore, the memo says that if a representative of the institution's athletics interests, which includes boosters and collectives, contacts a prospect or their family about potential NIL opportunities prior to the prospect signing with the institution, then that is an impermissible contact. What constitutes indirect contact? If a staff member is using a booster or an NIL collective as a go-between, then that should fall within the scope of indirect contact, right? It is hard to believe that this type of activity has not been occurring. It is deemed impermissible contact when an institutional staff member directly or indirectly contacts a prospect who is not in the NCAA Transfer Portal to discuss NIL opportunities. Here is a screenshot from the NCAA's release back in October 2022:īut the memo much further in explaining what will constitute an impermissible contact, offer, and benefit, and it should make many institutions very nervous. The NCAA said this back in October 2022 when it announced guidance related to the interim NIL policy. It says that when available information supports that the behaviors leading up to, surrounding and/or related to an NIL agreement or activity are contrary to NCAA legislation or the interim NIL policy, then the enforcement staff and Committee on Infractions shall presume a violation occurred and that to rebut the presumption of a violation, the institution must clearly demonstrate that all behaviors complied with NCAA legislation and the interim policy. The NCAA has disseminated a memorandum concerning the standard of review for violations related to NIL activities (h/t Mit Winter for tweeting the memo).
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