NCAA Says Schools Must Adhere to NIL Rules Regardless of Conflict with State Laws

The NCAA said in a letter sent out Tuesday that member schools must abide by the association's name, image and likeness rules regardless of conflicts with state laws, per Ross Dellenger of Sports Illustrated.

"The Association has been clear and maintains that schools must adhere to NCAA legislation (or policy) when it conflicts with permissive state laws," NCAA executive vice president of regulatory affairs Stan Wilcox wrote in a letter to schools. "In other words, if a state law permits certain institutional action and NCAA legislation prohibits the same action, institutions must follow NCAA legislation."

In recent months, several states across the country have passed more lenient laws to allow fundraising groups to pay NIL endorsements to student-athletes. While these fundraising groups are separate from the schools, they are closely partnered with them.

Texas is one of 32 states that have adopted their own NIL regulations for public institutions. Many of these policies contain language that prevents the NCAA from enforcing the association's NIL policy.

A new law in Texas is expected to go into effect Saturday that will allow fundraising groups to raise money for NIL deals. Some of these fundraising groups include the Longhorn Foundation and the 12th Man Foundation, which support the Texas and Texas A&M athletic departments, respectively.

The law will also prevent the NCAA from punishing schools for violating NIL rules. If the association levies punishment against a Texas school, a lawsuit could be pursued.

However, the NCAA said that since membership in the association is voluntary, state laws are irrelevant when they cause conflict with its guidelines. Fundraising groups are prohibited from paying student-athletes for NIL deals, as it is against NCAA rules.

The NCAA's memo also provided clarification on several other policies, including boosters being prohibited from meeting with recruits to discuss possible NIL deals to get them to attend a particular school.