NCAA Failed to Establish ‘Clear Guidance and Rules’ Prior to New Allegations Against University of Tennessee, Warns State Rep. Jason Zachary

The National Collegiate Athletic Association (NCAA) reportedly plans to bring a slew of new Name, Image, Likeness (NIL) complaints against the University of Tennessee (UT), prompting a fiery response from Chancellor Donde Plowman in a Tuesday letter to the NCAA. Plowman received the support of Tennessee State Representative Jason Zachary (R-Knoxville), who argued the NCAA failed to create “clear guidance and rules” for institutions to follow.

Zachary wrote in a post to X, the platform formerly known as Twitter, that the Tennessee General Assembly “worked with institutions across our state to craft strong NIL institution that established the framework” in the state, but the NCAA’s “moving target” made work “very challenging” for lawmakers.

“No state institution or collegiate athlete should be punished for the failures of the NCAA in establishing clear guidance and rules,” wrote Zachary before thanking Plowman for the letter.

The General Assembly worked with institutions across our state to craft strong NIL legislation that established the framework in TN. The @NCAA’s NIL moving target made our work as lawmakers, very challenging. No state institution or collegiate athlete should be punished for the… https://t.co/5sudZzYEYA

— Rep. Jason Zachary (@JasonZacharyTN) January 30, 2024

In her letter, Plowman acknowledged the university’s previous shortcomings, and noted that its prior commitment to cooperating with the NCAA led the group to declare UT “set the standard other schools should follow.”

Plowman continued, “It is inconceivable that our institution’s leadership would be cited as an example of exemplary leadership in July 2023, then as a cautionary example of a lack of institutional control only six months later.”

She accused the NCAA of having “embarked on a campaign of legislation by enforcement” and stressed that it and “member institutions owe it to the public and all stakeholders to be intellectually honest.”

By way of example, Plowman wrote that the NCAA’s guidance declaring third-party collectives or businesses “may meet with prospective student-athletes, discuss NIL, even enter into a contract with prospective student-athletes, but at the same time they say that the collective may not engage in conversations that would be of a recruiting nature.”

“This creates an inherently unworkable situation, and everyone knows it,” Plowman insisted.

U.S. Representative Tim Burchett (R-TN-02) also celebrated Plowman in a post to X, thanking her for defending the university “after the bogus NCAA accusations.” Burchett questioned, “They created this NIL mess with no guidelines and now they appear to be attacking us retroactively?”

Glad to see @DondePlowman defending @UTKnoxville after the bogus @NCAA accusations. They created this NIL mess with no guidelines and now they appear to be attacking us retroactively?

— Tim Burchett (@timburchett) January 30, 2024

The NCAA is facing a lawsuit from 11 attorneys general and the Department of Justice (DOJ) over its new Transfer Eligibility Rule that requires Division 1 athletes to wait a year to compete if they transfer schools for a second time. Filed by Ohio Attorney General Dave Yost in December 2023, the attorney general’s office noted it may represent the first time the DOJ joined a state-led antitrust lawsuit.

Additionally, the NCAA was roundly criticized by conservatives at an Arizona event earlier this month when top female athletes protested the NCAA convention in Phoenix over its decision to allow transgender athletes to compete in women’s sports.

Among the speakers was Riley Gaines, the former competitive swimmer who became a national speaker after losing to Lia Thomas, who identifies as a transgender woman.

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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Georgia Star News, The Virginia Star, and the Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].