College sports leaders are sending a warning to schools and boosters they believe have crossed a line: There are still rules here and they will be enforced.
Eleven months after the NCAA lifted most of its restrictions against athletes cashing in on their fame, college sports leaders are trying to send a warning to schools and boosters they believe have crossed a line: There are still rules here and they will be enforced.
The guidance is effective immediately. NCAA enforcement staff was directed to look for possible violations that might have occurred before May 9, 2022, but “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.”“I don’t think they’re even necessarily clarifying the rules,” said attorney Darren Heitner, who helped craft Florida’s NIL law.
Last year, the NCAA removed its longstanding ban against athletes earning money from sponsorship and endorsement deals. What remained in place, however, were three pillars of the NCAA’s amateur athlete model:Compensation could not be used to lure an athlete to a particular school. Some state laws also prohibit boosters from engaging with recruits, but there has been little appetite for enforcement of those laws.
“So the question is, under antitrust law, is the rule that’s being enforced reasonable?” Winter said. “And from my reading of everything, the rule that they’re going to be enforcing is the rule that says boosters and other third parties like collectives cannot pay athletes in return for a commitment to a school.”>
“That probably is a safer and more fair approach,” Feldman said. “Hindsight is 20/20, but what might have been an even better approach is to have come up with clear rules earlier and started enforcing those so we didn’t get to a situation where it might be unfair to start enforcing the rules.”
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