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Report: NCAA clarifies impact of NIL violations on eligibility

James Fletcher IIIby:James Fletcher III06/09/22

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The NCAA Enforcement office sent a letter to its member schools regarding NIL violations, according to documents acquired by Sports Illustrated’s Ross Dellenger. The message includes guidelines for how to identify and report violations and says the organization is “working tirelessly to develop information and investigate potential violations of NCAA rules.”

The letter makes clear that the NCAA’s goal in cracking down on NIL violations is not to attack the eligibility status of athletes but to figure out who has participated in the alleged illegal activity.

“The enforcement staff is not focused on the eligibility of current or prospective student-athletes,” the letter reads. “The infractions process is primarily concerned with behaviors of institutional staff members and representatives.”

The NCAA Enforcement office also informed schools that it has been made aware of several instances, both public and otherwise, where schools suspect NIL inducement played a role in an athlete’s decision. The letter identifies the “challenges” of controlling boosters and collectives, but calls for cooperation between the school and governing body to make things easier.

“NCAA confidentiality requirements do not allow disclosure of case-specific information,” the letter reads. “Let us affirm, however, that the enforcement staff is engaged on multiple matters and is working with stakeholders to move forward as quickly as possible.”

Enforcement of NIL laws

The enforcement of NIL legislation has become a controversial issues with some calling for federal assistance and others looking to the NCAA for updates guidelines which clarify right from wrong. However even after trips to the Capitol, no new updates have come in recent months.

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SEC commissioner Greg Sankey gave his best assessment at conference meetings this last of where the future sits. He did not rule out conference oversight as other options remain idle.

“It’s a discussion point,” he said. “As you asked the question, is it legal? I’m not the one to answer. We’ve certainly seen court outcomes that speak to conference oversight of certain aspects of college sports rather than national. And that’s something we’d engage with our counsel in determining.

“To have a national standard, it appears to us that Congress has to act. And Congress may opt to not act. If that happens, we’re now in hypothetical land and the [ sic ] question is a relevant one about conference oversight.”

On3’s Pete Nakos spoke to NIL lawyers and experts, college coaches and athletes who expressed doubt that conference oversight or any of the other proposed options can solve all the problems at hand under the current model used by the NCAA.