NCAA Division I Board Reviews Name, Image & Likeness Concepts

The NCAA Division I Board of Directors met on Wednesday to review name, image and likeness (NIL) concepts that could potentially be implemented in 2021.

The NIL concepts were sent to the division’s members for feedback and insight, along with a survey about the potential rule changes.

“I believe these concepts reflect the evolution of the Division I membership. It is important for institutions of higher learning to support the whole student — academically, athletically, and in pursuits outside the classroom and fields of play,” said board chair Eli Capilouto, president at Kentucky.

“We also understand we can’t do this alone. We need assistance from the federal government to make sure modifications provide a uniform national standard and appropriately tailored protections.”

Per the NCAA release, the board members noted the interest of Congress in the expanded NIL opportunities for the student-athletes as a crucial component of allowing the NCAA to move forward on the proposed changes to be implemented next year.

Among the proposed changes on the survey received by membership include:

• Allowing student-athletes to use their name, image and likeness to promote camps and clinics, private lessons, their own products and services, and commercial products or services.
• Allowing student-athletes to be paid for their autographs and personal appearances.
• Ensuring that payments for name, image and likeness rights are not a disguised form of pay for play, particularly when made by boosters or others with connections to the institution.

The NCAA first announced that it would be “modernizing” the name, image and likeness rules back in late April.

The members are also being asked to comment on an administrative framework built by the Legislative Solutions Group regarding potential issues that could arise upon changing the NIL rules.

The list of issues include:

• How to address potential areas of conflict between a student-athlete’s activity and the values of the school, conference and NCAA.
• Disclosure of name, image and likeness activities for the benefit of other student-athletes and to facilitate compliance.
• Allowing student-athletes to use professional services for advice and representation in contract negotiations for name, image and likeness activities and marketing, within specific parameters.
• Setting a framework for involvement of the school in a student-athlete’s name, image and likeness activities without permitting the school to pay, arrange or facilitate name, image and likeness compensation.
• Setting a framework to prevent boosters and third parties from using name, image and likeness compensation and offers in the recruitment process to influence a prospective student-athlete’s decision.
• Whether rules for prospective student-athletes should be consistent with those proposed for enrolled student-athletes.
• Exploring the use of a third party to assist schools, conferences and the NCAA with disclosure, oversight and education of student-athletes.

The board members noted that the flexibility proposed by the working group was consistent with changes made in the past, and that they are also consistent with the guiding principles set by the NCAA Board of Governors.

“Membership feedback is crucial to ensure we create the best framework to benefit student-athletes,” Capilouto said. “We hope to hear from a broad cross-section of Division I in this critical stage.”

Division I members must provide feedback by August 28.