• NCAA says its NIL legislation trumps state laws;• •Schools can be punished for violating rules •

• 2023 Alabama Sports 2023 •  Tuscaloosa, AL NCAA members in state’s that allow for NIL actions counter to the NCAA’s legislation on name, image and likeness can be punished In a letter sent to schools Tuesday, Stan Wilcox, NCAA executive vice president of regulatory affairs, wrote if state laws allow for some specific types of NIL activities, schools still could be punished by the NCAA for pursuing them. “The Association has been clear and maintains that schools must adhere to NCAA legislation (or policy) when it conflicts with permissive state laws,” Wilcox wrote. “In other words, if a state law permits certain institutional action and NCAA legislation prohibits the same action, institutions must follow NCAA legislation.” States like Arkansas, Oklahoma and Texas have laws that conflict with NCAA rules, specifically how schools act with collectives. Some state laws prohibit the NCAA from taking action against a school if that school follows the state law but violates NCAA rules. The NCAA said Tuesday schools are responsible for making sure these fundraising organizations do not pay athletes for NIL deals. The Longhorn Foundation, for example, supports Texas, and the 12th Man Foundation aligns with Texas A&M. Per ESPN, the law in Texas allows for schools to provide benefits to fans who donate to these NIL funds. Schools were planning to reward points to fans who donate to NIL funds, and, in return, those fans will get better tickets at home games or have preferred access to other events. On Tuesday, it was made clear, this would be a violation of NCAA rules. Other notables include: NIL compensation may not be contingent upon enrollment at a specific institution. Boosters can’t recruit prospective student-athletes. Earlier this month, NCAA President Charlie Baker said he wanted a federal law to regulate the way college athletes can be compensated for name, image and likeness that creates a registry of deals, agent certification and uniform contract standards. Baker wants a bill to move through Congress in the fall before next year’s election cycle ramps up. If not, Baker said the NCAA has to be prepared to try to cleanup NIL on its own. Speaking at the Future of College Sports Summit in Washington, Baker said the previous NCAA leadership made a mistake in not trying to regulate NIL on its own.