The NCAA vs. NIL: Who’s Losing Control?

When the NCAA opened the door to NIL rights in 2021, it didn’t mark a change in morals, but rather a legal surrender. For years, the NCAA had a tight grip on the amateurism of college sports by controlling how athletes could and couldn’t earn money. But once the NIL era began, that grip was lost in an instant. So who's actually in control of college sports now? Is it the NCAA, the schools, the athletes, the boosters, or someone else? To answer that question, we need to look at how NIL has changed the balance of power and what it could mean for the future of college sports.

For much of its existence, the NCAA acted as the ultimate gatekeeper of amateurism. Athletes couldn’t accept money beyond scholarships, and violations, even minor ones, could lead to suspensions, vacated wins and championships, or postseason bans. The NCAA enforced strict rules regarding endorsements, agent involvement, and any form of compensation that might look like something you’d see in professional sports. 

The legal tipping point came when the U.S. Supreme Court made its decision in the case, NCAA v. Alston, in 2021. The decision didn’t directly legalize NIL, but it destroyed the NCAA’s authority. The unanimous ruling declared the NCAA could no longer restrict certain education-related benefits for athletes, such as graduate school scholarships or payments for tutoring. Justice Brett Kavanaugh’s concurring opinion went further, calling the entire amateurism model potentially illegal under antitrust law. In response, the NCAA backed off and adopted a temporary NIL policy that allowed athletes to monetize their name, image, and likeness, while still warning schools not to use NIL as a recruiting incentive, a warning that has been widely ignored.

With the NCAA stepping back, control was quickly regained, not by schools, but by donor-backed NIL collectives and boosters. These groups began organizing multi-million-dollar deals, pay-for-play contracts, and even promising money to recruits who hadn’t even signed with a school. In response, the NCAA has issued warnings and opened investigations, but without consistent enforcement, its power has been mostly symbolic and widely challenged.

So who's in control now? The short answer is no one, and that’s the problem. The NCAA has largely lost its ability to enforce NIL rules due to its fear of triggering further lawsuits. The schools are hesitant to overstep legal boundaries due to their uncertain fear of the NCAA’s response. State governments are writing their own rules due to a desire for control. And loosely regulated NIL collectives are operating with massive influence but minimal accountability. Meanwhile, athletes are left stranded, navigating this chaotic, ever-changing landscape often without proper legal and/or financial literacy. The potential for abuse is very prominent.

The NCAA is losing, but so is everyone else. The NIL revolution was inevitable,  and in many ways it was necessary. Athletes have always deserved to profit from the value they create, but what was supposed to be a moment of empowerment has turned into a wild goose chase for money and influence, and unless someone or something steps in to restore order, everyone loses, from athletes to schools to fans to the very integrity of the sports we love. We’re witnessing the future of college sports take shape in real time. The question isn’t whether the NCAA can keep up. It’s whether they, or anyone else, can step up to lead.