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NIL Statutes
Posted on: June 30, 2024 at 16:15:21 CT
ScottsdaleTiger MU
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A basic NCAA principal is college athletes should be amateurs, essentially not compensated for playing for and representing their school.
Over the past century or so a very large body of rules have been developed that allow college athletes to receive monetary assistance. Those rules have essentially been the work of the NCAA.
The NCAA rule making process to develop a rule includes drafting the rule, vetting it, submitting it to the appropriate NCAA body for consideration (typicallly all the schools in the NCAA category being impacted) and either its adoption, rejection or modification. It can be a very time consuming process.
"NIL" essentially deals with the NCAA regulating players entering into deals to be compensated to endorse a business firm's products.
My understanding is the first NIL statute was proposed, introduced in and adopted by the California legislature. The sponsors adopted a rather simple approach, namely that the NCAA would be prohibited asserting that a deal between a player (or players) and business firms sponsor could be challenged as a violation of NCAA rules.
My understanding is virtually all NIL statutes that have been adopted since follow the same basic approach. That is they prohibit the NCAA from taking enforcement action against the players who enter into such deals.
The bottom line is it was just quicker and easier for the proponents of NIL deals to get a prohibition against the NCAA challenging NIL deals adopted than it was to try to get a statute adopted that spelled out in detail what could and could not be done in NIL situaitons.
Consequently, my understanding is the standard state NIL statute says NIL deals can be done (and by implication the NCAA can NOT attack them) and does not spell out any specifics for what is allowable or not allowable in these deals.
Edited by ScottsdaleTiger at 16:16:48 on 06/30/24
Over the past century or so a very large body of rules have been developed that allow college athletes to receive monetary assistance. Those rules have essentially been the work of the NCAA.
The NCAA rule making process to develop a rule includes drafting the rule, vetting it, submitting it to the appropriate NCAA body for consideration (typicallly all the schools in the NCAA category being impacted) and either its adoption, rejection or modification. It can be a very time consuming process.
"NIL" essentially deals with the NCAA regulating players entering into deals to be compensated to endorse a business firm's products.
My understanding is the first NIL statute was proposed, introduced in and adopted by the California legislature. The sponsors adopted a rather simple approach, namely that the NCAA would be prohibited asserting that a deal between a player (or players) and business firms sponsor could be challenged as a violation of NCAA rules.
My understanding is virtually all NIL statutes that have been adopted since follow the same basic approach. That is they prohibit the NCAA from taking enforcement action against the players who enter into such deals.
The bottom line is it was just quicker and easier for the proponents of NIL deals to get a prohibition against the NCAA challenging NIL deals adopted than it was to try to get a statute adopted that spelled out in detail what could and could not be done in NIL situaitons.
Consequently, my understanding is the standard state NIL statute says NIL deals can be done (and by implication the NCAA can NOT attack them) and does not spell out any specifics for what is allowable or not allowable in these deals.
Edited by ScottsdaleTiger at 16:16:48 on 06/30/24
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NIL Statutes - ScottsdaleTiger MU - 6/30 16:15:21
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