NCAA Division I Council Gives Recommendation On Name, Image & Likeness Policy

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Belmont’s Dylan Windler at the 2019 NCAA Tournament. Photo: Courtesy of the Belmont Vision/Carina Eudy.

The NCAA Division I Council has recommended that the DI Board adopt the controversial name, image and likeness (NIL) policy. This news comes just one week after the Supreme Court of the United States (SCOTUS) ruled in-favor of former student-athletes in a lawsuit saying that the NCAA nor educational institutions could limit education-related benefits given to student-athletes, such as graduate scholarships, internships, or computers, and other equipment.

The Supreme Court unanimously agreed on this decision, with Justice Brett Kavanaugh and his peers sharing some strong words regarding the NCAA and their policies. “Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate,” says Kavanaugh. “And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law.”

NCAA President Mark Emmert responded to SCOTUS’ decision saying: “Even though the decision does not directly address name, image, and likeness, the NCAA remains committed to supporting NIL benefits for student-athletes. Additionally, we remain committed to working with Congress to chart a path forward, which is a point the Supreme Court expressly stated in its ruling.”

The NCAA is open to NIL activities to student-athletes, as they are trying to avoid “pay-for-play.” If the policy is adopted by the board, the temporary action would remain in place until federal legislation or new NCAA rules are adopted. The policy provides the following guidance to member schools, student-athletes, and their families:

  • College athletes can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities are responsible for determining whether those activities are consistent with state law.
  • Student-athletes who attend a school in a state without a NIL law can engage in this type of activity without violating NCAA rules related to name, image and likeness.
  • College athletes can use a professional services provider for NIL activities.
  • Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.

The board will review the Council’s recommendation and any additional information on Wednesday, June 30. Governance committees in Divisions II and III are also expected to vote on the interim NIL policy by then, as well. If the NIL interim policy is approved, each individual school and conference may choose to adopt their own policies.

Steven Boero
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