The Tennessee attorney general, Jonathan Skrmetti, took a legal stand against the NCAA‘s “NIL-recruiting ban” on Wednesday. This action followed the public disclosure of an NCAA investigation into the University of Tennessee’s alleged handling of name, image, and likeness (NIL) benefits. Skrmetti’s lawsuit, filed in the Eastern District of Tennessee federal court, doesn’t directly link to the ongoing NCAA probe at UT. 

However, it highlights the investigation as an example of what Skrmetti considers the NCAA’s “unlawful restriction” of its NIL policy. While many harbor the thought that Tennessee was singled out, former Colorado quarterback Joel Klatt believes both entities are right on their terms. 

Joel Klatt explains why both Tennessee and the NCAA are “right”

NCAA’s policy change is what primarily prompted the investigation into Tennessee’s actions. Critics question why other universities aren’t facing similar scrutiny for similar practices. However, Joel Klatt believes both parties are correct, “I think it’s really important to State off the bat both entities here are right.” He addresses Tennessee’s claim of being singled out as being “an excuse.” However, they are correct in their claims “because of the ambiguity and the lack of structure and guidelines surrounding NIL,” and in such an environment being the only one being penalised for something that has been a practice elsewhere can be unjust. According to him, the NCAA is correct in its approach since they are “trying to hang on these rules that were in place before nil surrounding boosters inducements and tampering.”

Tennessee is under investigation for its recruitment of 5-star quarterback prospect Nico Iamaleava, who allegedly signed an NIL deal with Spyre, a sports marketing agency, to help fund his visits to Knoxville, violating NCAA rules. Similar scenarios occurred with other athletes signing to Spyre and then committing to Tennessee, as well as in other schools like Florida. At the time, these dealings were considered legal due to vague NCAA rules on NIL. However, the NCAA later revised its stance, emphasizing that NIL should not be used as a recruitment tool.

Who has more at stake: Tennessee or the NCAA?

Following a previous investigation into 18 Level I violations during Jeremy Pruitt’s coaching tenure, the NCAA is now examining potential NIL violations at Tennessee. If found guilty, the Vols, already considered repeat offenders, could face severe penalties, including a postseason ban or athlete eligibility issues. The possibility of a lack of institutional control further exacerbates the situation, as referenced by Chancellor Plowman in a scathing letter to NCAA President Charlie Baker. 
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The aggressive stance taken by Plowman and AD White suggests Tennessee anticipates significant consequences. Adding to the NCAA’s challenges is an ongoing antitrust lawsuit led by attorneys general Skrmetti and Miyares, seeking to declare the NCAA’s NIL rules as violating the Sherman Act. A loss in court could severely undermine the NCAA’s ability to enforce its NIL guidelines, leaving it powerless to regulate college sports.

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