NCAA tightens up NIL regulations amid 'pay-for-play' allegations, implications for SU

The Supreme Court’s landmark decision in National Collegiate Athletic Association v. Shawne Alston, et al. opened the door for college athletes to be compensated for the use of their name, image and likeness (NIL).

Nearly two years later, The National Collegiate Athletic Association (NCAA) is moving towards regulating possible exploits of NIL deals in college athletics.

Through an amendment to the bylaws concerning the NCAA’s infractions program, the NCAA adopted a new presumption, as well as a new evidentiary standard, for NIL cases subject to NCAA regulation.

In cases involving NIL offers, agreements and/or activities in which related communications and conduct are subject to NCAA regulation, the infractions process will presume a violation occurred if circumstantial information suggests that one or more parties engaged in impermissible conduct.

In simpler terms, NIL cases would, based on circumstantial evidence, be subject to a presumption that a violation has occurred. It would then be NCAA member institution's responsibility to show that the alleged violation has not occurred.

The amendment signals an effort by the NCAA to regulate NIL deals in the wake of failed attempts at federal legislation and calls to rein in what some view as pay-for-play deals.

According to the National Law Review, the NCAA can now rely on less direct and less substantiated information to allege that a violation has occurred.

Activities that would create the presumption of a violation include:

• An institutional staff member directly or indirectly contacting a prospect who is not in the NCAA Transfer Portal to discuss NIL opportunities, as well as offering, communicating or guaranteeing an NIL opportunity to a prospect, their family, or representatives during their recruitment.
• A representative of the institution’s athletics interests (e.g., individual booster or collective) contacting a prospect or their family about potential NIL opportunities prior to the prospect signing with the institution, as well as annoucing and/or entering (whether verbally or in writing) into an NIL agreement with a prospect prior to their enrollment at the institution.
• A NIL agreement requiring a prospect to be in the locale of the institution prior to enrollment in order to fulfill the terms of the agreement.
• A collective and/or its representatives engaging in recruiting activities and/or the promotion of specific prospects prior to their commitment to the institution.
• An institutional staff member, booster or other institutional representative soliciting, facilitating and/or providing additional NIL opportunities in order to secure a student-athlete's continued enrollment at the institution.

The National Law Review suggests that NCAA member institutions, sports agents, collectives, boosters, and anyone else working in the realm of NIL for college athletes increase “documentation efforts surrounding any communications and contracts entered into concerning NIL deals.”

The news of NCAA’s tightening on NIL deals comes shortly after Syracuse University’s men’s basketball head coach Jim Boeheim came under scrutiny for alleging multiple ACC schools bring in or retain high-profile players with large NIL deals in an interview with ESPN.

MORE: Jim Boeheim issues apology following controversial statement made in ESPN interview

In the interview, Boeheim said, "This is an awful place we're in in college basketball. Pittsburgh bought a team. OK, fine. My [big donor] talks about it, but he doesn't give anyone any money. Nothing. Not one guy. Our guys make like $20,000. Wake Forest bought a team. Miami bought a team. It's like, 'Really, this is where we are?' That's really where we are, and it's only going to get worse.'"

In a tweet, he walked back his statement and issued an apology following criticism from Wake Forest coach Steve Forbes.

The big donor Boeheim referenced is most likely local entrepreneur and SU booster Adam Weitsman, the owner of Upstate Shredding who frequently brings celebrity guests to Orange basketball games.

It unknown whether the NCAA’s new regulations will affect Weistman's relationship with Syracuse University or his NIL deals with Orange student-athletes — as well as other ACC schools with public booster relationships.

NIL deals were legalized for collegiate student-athletes in New York state by Gov. Kathy Hochul in Nov. 2022.

RELATED: College athletes in New York can now be compensated for endorsements

*Disclaimer: Adam Weitsman is the sponsor of CNY Central's CNY Tuesdays.