KNOXVILLE, Tenn. — University of Tennessee Athletics Director Danny White joined in on blasting the NCAA after allegations surfaced that the school violated rules overseeing name, image and likeness compensation to athletes.
White did not mince his words and called the NCAA's investigation "silly and not productive." He alleged the NCAA is using UT as an example to retroactively apply NIL guidelines that aren't set in stone nationally.
"It is clear that the NCAA staff does not understand what is happening at the campus level all over the country in the NIL space. After reviewing thousands of Tennessee coach and personnel phone records, NCAA investigators didn't find a single NIL violation, so they moved the goalpost to fit a predetermined outcome," he said. "They are stating that the nebulous, contradictory NIL guidelines (written by the NCAA not the membership) don't matter and applying the old booster bylaws to collectives. If that's the case, then 100% of the major programs in college athletics have significant violations."
White's public statement came after a similarly scathing letter from UT Chancellor Donde Plowman to NCAA President Charlie Baker. She wrote the letter after her December request for Baker to meet with her and White to discuss the allegations was denied.
“Instead, 2 1/2 years of vague and contradictory NCAA memos, emails and ‘guidance’ about name, image and likeness (NIL) has created extraordinary chaos that student-athletes and institutions are struggling to navigate,” Plowman wrote. “In short, the NCAA is failing.”
Both White and Plowman have taken similar tones when criticizing the NCAA's investigation. The two allege the NCAA has been vague and contradictory when enforcing NIL guidance -- accusing the NCAA of "moving the goalposts" and "being intellectually dishonest."
Neither White nor Plowman have said what, exactly, the NCAA has been investigating. They continue to assert UT's NIL program broke no rules within the rapidly changing framework guiding NIL programs across the U.S.
The NCAA has similarly yet to publicly release any information on the UT investigation because it said its general policy is to refrain from commenting publicly on pending investigations. White specifically called out the NCAA on this statement.
"The NCAA generally does not comment on infractions cases because there is a rule against it; however, that has not stopped them in the past from leaking information to the media as they did this week about us," White said. "Their actions made this ill-conceived investigation public and forced us to defend ourselves."
It's unclear if the NCAA or its members were the ones who initially provided information reported by other media outlets as White mentioned. Larger media agencies such as The New York Times and Sports Illustrated that initially broke the news have kept their sources anonymous.
In a statement to WBIR after the allegations came to light, the NCAA said that its members continue to support prohibiting "impermissible recruiting contracts, booster involvement in recruiting prospects and the use of NIL offers as recruiting inducements."
Here is the full statement an NCAA spokesman issued Wednesday afternoon:
"While the NCAA generally does not comment on specific infractions cases, it is important to remember that NCAA member schools and conferences not only make the rules but routinely call for greater enforcement of those rules and holding violators accountable. In recent years, this has been especially true as it relates to establishing and enforcing a consistent set of national rules intended to manage the name, image and likeness environment. This legal action would exacerbate what our members themselves have frequently described as a “wild west” atmosphere, further tilting competitive imbalance among schools in neighboring states, and diminishing protections for student-athletes from potential exploitation. The NCAA remains firmly committed to protecting and expanding student-athletes’ NIL rights and opportunities. However, our membership has steadfastly supported the prohibition on impermissible recruiting contacts, booster involvement in recruiting prospects and the use of NIL offers as recruiting inducements."
So, what is this fight actually over?
Tom Mars, a lawyer who represents Spyre Sports Group, issued a statement over social media on behalf of the company that provided some details about the potential violations. Spyre Sports is a marketing collective that has helped UT's current and future star athletes navigate NIL sponsorships and deals.
According to Mars, the allegations surround NIL and recruiting -- and it's apparently over a deal Spyre Sports facilitated with Vols QB Nico Iamaleava before he signed with UT. He said Spyre Sports entered into that agreement to give him limited assignment of his NIL rights regardless of the school he chose and that the contractual rights would be guided by California law, which is where Iamaleava played high school football before he came to Tennessee.
"The agreement required Spyre to protect the value of Nico's NIL rights and specifically state that 'nothing in [the] agreement constitutes any form of inducement to ATHLETE to enroll at any school and/or join any athletic team,'" he said "In short, the agreement was fully consistent with then existing NCAA NIL 'guidelines' and had nothing to do with recruiting Nico to the University of Tennessee or any other school."
You can read his full statement below.
Since its adoption, NIL has largely been guided by a patchwork of state laws. Plowman said Tuesday the NCAA has been issuing memos and new guidance to schools in the wake of these state laws, which she said created "extraordinary chaos" and made it difficult for universities and student-athletes to navigate NIL.
The NCAA has been pushing for national legislation that would create consistent NIL standards across all states, but not much has budged on Capitol Hill. It said the legal and legislative environment prevents it from enforcing a permanent solution -- meaning it has lost control over previously established practices in the wake of NIL.
When the NCAA passed the interim NIL policy in 2021, it specifically said it preserved rules that were in place to prevent college sports from becoming "pay-for-play."
"While opening name, image and likeness opportunities to student-athletes, the policy in all three divisions preserves the commitment to avoid pay-for-play and improper inducements tied to choosing to attend a particular school. Those rules remain in effect," the NCAA said after adopting the temporary NIL policy.
Legal Battles Mount
The NCAA is now battling a few lawsuits that, if lost, would open up the possibility for sweeping changes within college sports.
On Wednesday, Tennessee Attorney General Jonathan Skremetti filed a 20-page complaint in federal court in Knoxville. He argued Tennessee law codified NIL as a standard option for college athletes.
"After allowing NIL licensing to emerge nationwide, the NCAA is trying to stop the market from functioning," the complaint states. "This month, it announced new proposals related to 'student-athlete protections in NIL.' These 'protections' allow current athletes to pursue NIL compensation. But it bans prospective college athletes (including current college athletes looking to transfer to another school who are in the 'transfer portal') from discussing potential NIL opportunities before they actually enroll.
"It's like a coach looking for a new job, and freely talking to many different schools, but being unable to negotiate salary until after he's picked one (the depressive effect on coaches' wages in such a dysfunctional market is obvious)."
In the wake of that lawsuit, UT players have also stepped in to throw their support behind NIL. Jackson Lampley, a senior offensive lineman for the Vols who was with the team before and after UT implemented NIL standards, submitted an affidavit on Thursday about the state's lawsuit.
"As a football player at UT, my teammates and I play in front of millions of people each year, both in person and on television. Hundreds of thousands of fans know our names and the names of my fellow student-athletes playing other sports at UT. After every game, there are hundreds of fans lined up outside the stadium just to get a picture or an autograph. Often a similar dynamic takes place when we go out into the community.
"I've seen first-hand how NIL has helped so many student-athletes. I've seen my teammates finally find an avenue to monetize their name recognition and UT's fandom. Some of my teammates have been able to use NIL deals to help with living expenses, to send money back home to help support their family, or to save those earnings for future use," he said.
The Associated Press reported in Nov. 2023 that the NCAA was also facing a class-action antitrust lawsuit, House vs. the NCAA, that was challenging its remaining NIL compensation rules.
"A loss for the NCAA could require professional-sports style revenue sharing of those multibillion-dollar television deals for big-time college football and March Madness basketball because they involve the use of players’ names, images and likenesses," the AP reported.
In a June 2023 interview with WBIR, Spyre Sports Vice President of Fundraising Brandon Spurlock said some NIL collectives are exploring pay-for-play proposals for college athletes, but that any serious considerations of that could lead to the Power Five athletic conferences (SEC, ACC, Big Ten, Big 12 and Pac-12) to split off from the NCAA.
"Where the revenue is coming from, how athletes are being compensated, I think that's what's going to go through a major change here in the next two or three years," Spurlock said. "The probing questions are about amateurism and the entertainment aspect of college athletics. The athletes make 50% of the revenue in the NFL, and in college athletics, it's far from that."