Takeaways
The organization’s alternative adjudicative body, the Independent Accountability Resolution Process (IARP), determined that the apparel company sponsorship agreement did not make the company a booster.
Moving forward, apparel sponsorship agreements and funds provided pursuant to such agreements alone are unlikely to trigger “booster” status.
Member institutions should incorporate how, under certain circumstances, apparel company representatives can become boosters in their rules compliance education materials.
In 2023, the name image and likeness (NIL) allowance, the transfer portal, conference realignment and the NCAA’s overall governance structure attracted a significant amount of media attention. But one of the most important issues in industry of collegiate athletics rules enforcement and collegiate sports law continues to be what, precisely, constitutes a “representative of [a university program’s] athletics interests,” colloquially known as a “booster.” That is, because, under long-standing NCAA legislation, member institutions are held responsible for the actions of their boosters under the very low evidentiary standard of “known or should have known.”
On this issue, the NCAA’s alternative adjudicative body, the Independent Accountability Resolution Process (IARP), recently issued an emphatic ruling—delivering significant wins to Pillsbury clients the University of Kansas and head men’s basketball coach Bill E. Self—that resoundingly rejected the NCAA...
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