The College Sports Commission has circulated a memo to Division I athletic directors clarifying how the NCAA’s valid-business-purpose standard applies to name, image and likeness arrangements. The guidance, referencing NCAA rule 22.1.3, says most NIL agreements submitted for review—and particularly those proposed by donor-funded collectives—fail to qualify as having a legitimate business purpose because they are primarily designed to compensate athletes rather than offer goods or services for profit to the general public. While the CSC’s memo criticizes conventional collective structures, it also states that payments to athletes can continue if the sponsoring activity demonstrably meets the valid-business-purpose test. The clarification places renewed scrutiny on hundreds of existing and planned collective agreements and may force athletic departments and boosters to restructure deals to remain compliant with NCAA rules.
Perhaps most interesting in its memo to athletic directors today, the College Sports Commission does note that collectives can still provide compensation to athletes as long as the events meet the definition of a valid business purpose. https://t.co/EZcbPC7fr9 https://t.co/Nfv0L6CITy
The CSC issues VBP guidance on NCAA rule 22.1.3 regarding NIL. Can't imagine why there is any confusion https://t.co/F9kcZCqgzL
The memo offers examples of submitted deals that do not meet the "valid business purpose" definition, most notably traditional collective deals that are designed to specifically compensate athletes "rather than providing goods or services to the general public for profit." https://t.co/JXbjOgG7QZ https://t.co/Nfv0L6CITy