So what true legal power does that organization actually possess ? So there's , there's really three areas of influence with regard to enforcement of NIL right now , you have the NCAA which has always uh organized and governed college athletics and it member schools . So the universities uh voluntarily decide to be part of this association known as the NC A and thus are bound by the bylaws that the NC A delivers and distributes .
And NIL is a new space in which everyone is learning how to operate and you've been following this topic closely for a while . So what does nil allow college athletes to do that ? They couldn't do previously ?
So the universities uh voluntarily decide to be part of this association known as the NC A and thus are bound by the bylaws that the NC A delivers and distributes . And thus , if there is a violation of the NC A rules with regard to nil , the only thing that the NCAA can do is punish the athletes or the universities where these athletes attend . The NC A has absolutely no control over the brands over agents over anyone other than those classes of individuals , the athletes and the universities , which is why over time , we've always seen the punitive action being that an athlete perhaps loses eligibility has to sit out for a certain amount of time or the school loses scholarships , has to pay in money , et cetera .
But those laws are also very focused on the NC A itself . It says if the , if the NC A , the conferences , the schools do anything to prohibit or restrict the athletes from participating in nil , then they're violating those state laws . And finally , you look at the individual schools which many of them have published their own nil policies and to the extent that there may be a violation by an athlete , that athlete could be subject to some sort of punishment under the code of conduct or otherwise .
Oh , new nil laws are making waves throughout the country and there's a lot of confusion on the legislation leading to rampant speculation and instead of the blind leading the blind , like we often see on social media , I need to talk to somebody who actually knows the law . Darren Heitner is a practicing lawyer specializing in sports law and is currently an adjunct professor at the University of Florida , teaching for its law to the next generation .
