The NCAA NIL rules do not override state, college/university or conference specific NIL rules. This means student-athletes need to review the NIL rules in the
state where their school is located and check with their athletic department for any school and conference-specific rules to understand what limitations they will have on their NIL.
College student-athletes competing in states without an NIL law will have the freedom to receive compensation for their NIL
however they see fit, as long as they do not violate pay-for-play or receive financial incentives to sign with or remain at a program. [LOL Ok...who is policing this?]
Many high school associations have released statements clarifying that the new NCAA NIL policy doesn’t change high school eligibility rules. In July 2021,
Darren Heitner, founder of Heitner Legal and Chief Editor of Sports Agent Blog, had his firm review all states’ NIL laws and the bylaws established by the high school athletic associations.
Heitner Legal concluded that,
At the moment, California is the only state that clearly allows high school athletes to pursue NIL opportunities. According to the California Interscholastic Federation, California high school athletes can profit from their NIL, as long as they do not use their high school’s name or marks.
Are colleges/universities creating their own NIL rules?
Yes, each individual school has oversight of NIL deals and the right to object to a deal if it conflicts with existing agreements. To help manage this process, some schools are turning to companies like Opendorse and INFLCR, which offers a platform for athletes to upload their NIL contracts for the compliance department to review and approve.
Athletes are expected to understand their school’s NIL policy and keep their school informed of all NIL arrangements. The best way to ensure student-athletes understand school-specific NIL rules is to work directly with their coaching and the compliance department.
Check here for a list of institutions with NIL rules and regulations in place.
What’s next for NIL?
While the NCAA intends to work with federal congressional legislators to replace the interim policy w
ith a single nationwide policy, there is no timeline on when that might happen. NCSA will continue to monitor changes as they relate to NIL laws and provide updates to the team, when necessary.
For student-athletes looking for additional resources covering NIL updates on an ongoing basis, check out the weekly
NIL Network podcast, Fi-Nil-ly.