"The NCAA and enforcement staff will no longer be hamstrung by uncooperative witnesses when it comes to potential name, image and likeness (NIL) violations, thanks to a new bylaw that went into effect Jan. 1.
Investigators can now use circumstantial evidence (like a tip or news story) instead of on-record sourcing to presume a school violated NCAA rules. Schools can disprove the allegation or else be potentially charged. The move strengthens the enforcement staff’s ability to charge schools and allows more leeway for investigators.
“If it looks like a duck and quacks like a duck, it’s a duck,” Duncan said. “Instead of putting the burden on the enforcement staff to always come up with a smoking gun, which we don’t always have, there is a presumption. It puts the burden on the school. It’s a really powerful tool.”...
Now, things have changed, giving investigators the ability to better police NIL deals that are obviously in violation of the association’s interim guidelines. The guidelines most notably prohibit pay-for-play and recruiting inducements. Investigators can now presume a violation without obtaining documented, on-record assistance from witnesses.
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🤣 I want to see how this works out for them and if they really try and police this. The article makes it sound like all these big boosters and collectives are violating the rules by luring high school recruits and transfers with NIL deals. Not sure how the courts would look at this either if the NCAA enforces penalties on some schools and they get taken to court. I highly doubt the courts would say they could enforce this on current college players using the portal to get NIL. Not sure what they would say about a high school player getting an NIL deal that takes effect once they are in school.
