NCAA’S Division 1 Board of Directors Unanimously Approves Clarifications to Interim NIL Policy

John DeWispelaere headshot
John DeWispelaere
Associate, Corporate Department & Vice-Chair of the Sports Practice Group
Published: McLane Middleton
October 27, 2022

On Wednesday, October 26, 2022 the NCAA’s Division 1 Board of Directors unanimously voted to approve clarifications to its previously approved interim name, image, and likeness (NIL) policy. On June 30, 2021, the NCAA initially approved its interim NIL policy and since approving the interim policy, the NCAA has not provided much clarification but did issue additional guidance on May 9, 2022.

The NCAA’s clarifications are largely focused on the permissiveness of a Division 1 member school’s direct involvement in NIL activities. The NCAA stated that under the interim policy, schools can administer a NIL marketplace that matches student-athletes with NIL opportunities, however, the NCAA clarified that schools cannot engage in negotiations on behalf of an NIL entity (such as a collective) or a student-athlete to secure NIL opportunities.

The NCAA clarified that institutions can provide their enrolled student-athletes or NIL entities with stock photos or graphics, however, these institutions cannot provide free services to student-athletes to assist them with NIL endeavors, such as graphic designers, tax preparation, or contract review, unless these services are also available to the general student body. The NCAA went a step further and clarified that schools cannot provide equipment, including cameras, graphics, software, or computers, to student-athletes to further their NIL activities unless the equipment is also available to the general student body. The NCAA clarified that schools can promote a student-athletes’ or NIL entity’s NIL activities so long as the student-athlete or the NIL entity pays the same rate another entity would need to pay for the same type of promotion. Lastly, with regard to student-athletes, the NCAA stated that schools cannot allow student-athletes to promote their respective NIL activities during required athletic activities, such activities include pregame and postgame activities, court celebrations, and press conferences.

This is a description of some of the clarifications approved by the NCAA’s Division 1 Board of Directors. Even with these clarifications to the NCAA Interim Policy, the NIL landscape is constantly changing and the NCAA is trying to adapt and most likely will be coming out with further clarifications down the road. The NCAA appears to be trying to strike a balance amongst student-athletes and the general student body at Division 1 member schools.