NCAA issues NIL guidance, says pay-for-play investigations coming

The NCAA has made it clear that pay-for-play violations will result in immediate investigations and potential penalties.

The Division I Board of Directors issued guidance Monday regarding name, image and likeness and the shortcuts schools have taken in recruiting since NIL was approved last summer. Made up of national leaders, the task force defined boosters as “any third-party entity that promotes an athletics program, assists with recruiting or assists with providing benefits to recruits, enrolled student-athletes or their family members,” including collectives.

With this, using cash to recruit high school prospects or players in the transfer portal has been — again — deemed illegal. NIL loopholes are not allowed, and punishments could come for past, current or future violations.

“The guidance is effective immediately,” the NCAA announced. “For violations that occurred prior to May 9, 2022, the board directed the enforcement staff to review the facts of individual cases but to pursue only those actions that clearly are contrary to the published interim policy, including the most severe violations of recruiting rules or payment for athletics performance. Schools are reminded of their obligation to report any potential violations through the traditional self-reporting process. 

The guidance is intended to provide clarity on the rapidly-evolving world of NIL and the necessary attention it deserves. It makes clear that investigations and punishments are coming, though the board stressed that the focus remains on the future. Only the most severe violations will be pursued.

“Today, the Division I Board of Directors took a significant first step to address some of the challenges and improper behaviors that exist in the name, image and likeness environment that may violate our long-established recruiting rules,” said board chair Jere Morehead. “While the NCAA may pursue the most outrageous violations that were clearly contrary to the interim policy adopted last summer, our focus is on the future. The new guidance establishes a common set of expectations for the Division I institutions moving forward, and the board expects all Division I institutions to follow our recruiting rules and operate within these reasonable expectations.”

The NCAA added that these guidelines aren’t meant to put student-athlete eligibility in question unless clear violations are found. It’s only meant to single out those blatantly cheating.

“The board noted that the emphasis of this NIL guidance is on boosters in the recruiting process and is not intended to question the eligibility of prospective and enrolled student-athletes involved in NIL deals,” the NCAA said. “Only the most serious actions that clearly violate the previously published interim policy would have eligibility implications.  “

Board members urged schools to detect and self-report violations and cooperate with NCAA enforcement staff as investigations begin.