NCAA Seeks To Control NIL Madness This March, Signals Changes In Enforcement

While sports fans, bettors and office pool organizers turn their attention to the basketball court this March for another month of madness, the National Collegiate Athletic Association (NCAA) itself is turning its attention back to name, image and likeness (NIL) rights for student-athletes. After a series of losses culminating in the U.S. Supreme Court's decision in NCAA v. Alston, the NCAA seemingly stepped back from aggressive public enforcement of impermissible benefits to student-athletes rules violations. Following Alston, the NCAA issued an interim NIL policy in June 2021 that largely deferred to school and conference rules and state laws.

As the NIL market exploded and NIL collectives sprouted up at virtually every Power 5 school, the NCAA publicly called for federal legislation and stories spread of the NCAA making inquiries with schools over NIL activities. Yet, other than guidance regarding the growth of NIL collectives, enforcement activity has been quiet.