The NCAA’s national office reiterated its stance that its rules governing college athletics should supersede state laws that contradict them via a memo sent to member schools Tuesday.
“The Association has been clear and maintains that schools must adhere to NCAA legislation (or policy) when it conflicts with permissive state laws,” read the memo sent by Stan Wilcox, the NCAA executive vice president of regulatory affairs. “In other words, if a state law permits certain institutional action and NCAA legislation prohibits the same action, institutions must follow NCAA legislation.”
The clarification from the NCAA came in the wake of several states passing laws that allow for more direct involvement from universities in their athletes’ name, image and likeness (NIL) activity. Some of those state laws specifically say that schools in their footprint should follow the state laws when they conflict with NCAA rules. The contradictory stances make it likely, if not inevitable, that there will be a legal clash at some point challenging the NCAA’s ability to enforce its rules around athlete compensation.