NCAA to Close in on NIL Violations

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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.

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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.

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“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.”

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