July 4, 2024

The attorneys general of Tennessee and Virginia have jointly filed a lawsuit against the NCAA, following a critical statement from the UT chancellor regarding the body’s handling of an investigation into potential recruiting violations related to name, image, and likeness (NIL) rules in various sports programs, including football. The lawsuit, filed in the Eastern District of Tennessee, alleges that the NCAA is unfairly enforcing rules that restrict athletes’ commercial use of their name, image, and likeness during a crucial period in the recruiting calendar. Tennessee’s statement further asserts that these restrictive measures violate the Sherman Act, causing harm to both the states and the welfare of their athletes, and calls for the rules to be declared unlawful and enjoined.

The NCAA’s investigation into the Tennessee football program and other athletic programs, as well as an NIL collective funded by boosters working with athletes, was disclosed a day prior to the lawsuit. In response, Chancellor Donde Plowman criticized the NCAA’s actions in a strongly worded letter to NCAA chief Charlie Baker, following a meeting between school officials and NCAA representatives regarding the allegations. Plowman argued that leaders in college sports have a responsibility to act in the best interests of students and their families, but the NCAA had failed to provide clear and consistent rules for doing so. She specifically criticized the NCAA’s vague and contradictory communication, including memos, emails, and guidance, which she claimed had led to significant confusion and chaos. Plowman concluded by asserting that the NCAA’s actions were inadequate, stating that “the NCAA is failing.”

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