No more rules on NIL? Gov. Cooper rescinds state's guidance

By Brian Murphy, WRAL

After a federal court decision stopped the NCAA's enforcement of rules around name, image and likeness in college athletics, North Carolina Gov. Roy Cooper on Thursday rescinded an 2021 executive order that imposed modest guidelines for the state.

Cooper said the decision came in consultation with college athletic programs.

"Within days of the NCAA’s announcement that college athletes could benefit from their NIL, we put these rules in place at the request of colleges and universities to make sure they had the tools they needed to compete at the highest level,” Cooper said.

“While these rules were helpful earlier in the process they are no longer necessary and I want to thank our colleges and universities for working with us so closely.”

Last month, a federal judge granted an injunction suspending the NCAA's rules around NIL in a lawsuit brought by Tennessee and Virginia. The NCAA had opened an investigation into the University of Tennessee, which prompted the suit.

"The NCAA is thumbing its nose at the law. After allowing NIL licensing to emerge nationwide, the NCAA is trying to stop that market from functioning," the lawsuit states.

The NCAA prohibits the use of NIL as an inducement for athletes to come to or remain at a school, though the NIL market has largely developed to do exactly that.

Cooper's 2021 order included similar guidelines. It said that athletes "shall not enter into contracts or receive compensation for use of their name, image and likeness as a direct inducement to enroll or continue enrollment" at a particular institution. It also outlined limitations that colleges could put into place.

He issued a new executive order Thursday.

“Rescinding the executive order is key because it levels the playing field for student-athletes at universities across North Carolina by ensuring they have the same opportunities to participate in NIL-related activities as those in other states,” UNC athletic director Bubba Cunningham said.

“As the national landscape continues to evolve around the topic of Name, Image and Likeness and we all continue to adapt to legal decisions and ever-changing rules, we appreciate the opportunity to give feedback to our state to ensure flexibility and fairness.”

In March, a key Republican state senator called on Cooper to pull back the executive order to keep the state's college teams competitive.

NC State athletic director Boo Corrigan said flexibility is key.

“As we continue to navigate and determine best practices around the many issues surrounding Name, Image and Likeness, this action gives us the flexibility to more competitively position our student-athletes," he said.

Duke athletic director Nina King also came out in support.

"We believe this is a step in the right direction to allow our student-athletes more flexibility inside the NIL landscape and all institutions within the state to remain competitive at the highest level with our counterparts nationwide," she said.