UPDATE NCAA NIL enforcement changed as of Jan. 1, places burden on accused

[Kevin Knight]

The NCAA's rule change took effect on Jan. 1 which should have a significant impact on NIL rules enforcement. As of now, an accused institution by the NCAA will be presumed guilty of a violation and the burden will be on the institution to provide the evidence demonstrating it complied with NIL rules.

Per The Athletics' interview with NCAA officials:

“The NIL presumption,” as it has been colloquially called, means that the NCAA’s enforcement staff will presume a violation occurred when it receives information on the activity that is deemed actionable, such as a tip or a news story. The burden of proof will then fall on the implicated school to get to the bottom of the situation and prove that no violation occurred. The Division I Board of Directors announced the change on Oct. 26, alongside updated NIL guidance for member schools. Both changes originated in an NIL subcommittee formed early last year by the D-I Council and made up of athletic directors and other campus leaders, acting on the desire from member schools that the NCAA crack down on this issue. But throughout the fall, the bylaw change flew under the radar even among the most legislatively plugged-in administrators. Now that the bylaw has taken effect, it has become a more popular topic.

Explaining the NCAA's new 'presumption' rules for NIL violations cases

'We don't want to be a pawn in somebody else's scheme,' said Jon Duncan, the NCAA's VP of enforcement, of the new approach to NIL cases.

theathletic.com

 

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[Kevin Knight]

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