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ARTICLE · 07 MARCH 2023

First NCAA NIL-Related Enforcement Resolution Signals What's To Come

Manatt, Phelps & Phillips, LLP
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The NCAA issued a strong signal Friday on how NIL and recruitment-related violations will be investigated and sanctioned in the "NIL era." Going forward, expect that (i) the new rebuttable...

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The NCAA issued a strong signal Friday on how NIL and recruitment-related violations will be investigated and sanctioned in the "NIL era." Going forward, expect that (i) the new rebuttable presumption of guilt standard set forth in NCAA By-law 19.7.3 will govern investigations into recruitment practices involving NIL, (ii) boosters and collectives will be under scrutiny, and (iii) sanctions could include athletic department fines, coach suspensions, and the disassociation of boosters and collectives from college programs.

The Division 1 Committee on Infractions ("COI") approved a Negotiated Resolution with the University of Miami that penalized recruitment violations stemming from a referral of two recruits by the head coach of the women's basketball team to a booster, and the booster's subsequent contacts and dinner with the recruits. The penalties levied on the institution and the head coach included: one year of probation for the program; a $5,000 fine plus 1%

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