There has never been a more exciting time for college athletes. With the name, image, and likeness legislation going into effect earlier this year, college athletes throughout the nation have generated hundreds of thousands of dollars. With all of this newness and opportunity also comes questions, one of the big ones being – is NIL different in the NAIA vs. NCAA?

NAIA Getting a Head Start
To begin with, NIL was permitted in the NAIA before the NCAA by almost an entire year, beginning in October 2020. In general, the NAIA had already laxed amateurity rules significantly in recent years. So when NIL was passed, it was no surprise that their specific rules around NIL are less strict and allow athletes more freedom than the NCAA. 

Since having a head start, the NAIA has been able to establish a set of rules without violating the antitrust laws that protect athletes. Upon reviewing their policies, we found that the NAIA basically leaves it up to individual schools to decide whether athletes can use school logos in their endorsement deals. Jim Carr, president of the NAIA, said in a Forbes interview, “We just don't feel the need to always pass a rule and make sure that we track everything our student athletes are doing and getting …  We're not going to have a complex compliance operation.”

Related: What You Need to Know When Considering the NAIA

NCAA's Concern with Amateurism
On the other hand, the NCAA is still highly concerned about amateurism in athletes and has run into a bit of trouble when it comes to policing NIL deals and rules. Ever since the law went into effect, the NCAA has faced risk of violating antitrust policies. Currently, the NCAA is trying to pass a law that prohibits its athletes from wearing school logos in NIL endorsement deals.

Despite potential differences in NIL rules between the NCAA and NAIA, rules in each state are consistent and need to be followed by athletes, along with the specific school's policy for their athletes. So although the NAIA might not have strict policies, school and state policies will override all else and are the most important.

For more resources regarding NIL in NCAA and NAIA, check out the following resources: 

NCAA:
NCAA Website 
Interim NIL Policy
NCAA Collegiate Athlete Model

NAIA:
NAIA Legislative Briefs
NAIA Name, Image, and Likeness page

* Originally published on December 22, 2021, by Celeste Gutierrez