This week, the NCAA penalized female athletes over a steak dinner, but gave a free pass to an alleged accessory to murder. The TikTok famous University of Miami women’s basketball stars, the Cavinder twins’ case is significant. It serves as the NCAA’s first infractions ruling in a Name, Image and Likeness related matter.[1] This is significant because the NCAA is sending a message that it is holding NIL violators accountable and calling out wealthy boosters. At the very least we can assume the NCAA is going to be pursuing NIL related infractions and potential violations going forward. This ruling raises yet another new issue in NIL conduct-related issues: booster conduct in the NIL space. Some have argued that the NCAA should investigate, prosecute, and penalize programs for violations in this new NIL era, where boosters and booster-led collectives are supplying millions to college athletes and promising millions to college prospects. Others have simply just asked for clarity on which violations the NCAA will pursue. Still others have argued that these NCAA rules are outdated and antiquated. This ruling is a glimpse into how the NCAA plans to address violations in this new era.
At the center of the NCAA’s very first infraction ruling are Miami women’s basketball players Haley and Hanna Cavinder. About a year ago, Miami booster John Ruiz violated NCAA rules by contacting the Cavinders with an assist from Hurricanes head coach Katie Meier, providing them with an impermissible meal.[2] The Cavinder twins transferred from Fresno State to Miami on April 21, 2022.[3] While in the transfer portal, Haley and Hanna, along with their parents, had dinner with Ruiz, a prominent Hurricanes booster, at his Miami home on April 13, 2022.[4] Ruiz posted a photo to his social media with the Cavinder twins and their parents at his home in Miami. The NCAA’s report states that it was Ruiz’s brazen Twitter posting that led to the investigation that began in May. Undoubtedly, there are legions of boosters throughout the United States hosting meetings and providing meals, but they don’t publish these activities on social media.
Miami Hurricane’s women’s basketball program and the NCAA reached a negotiated resolution citing multiple violations, which included Meier serving a three-game suspension at the start of the season.[5] The resolution found that Meier violated “head-coach responsibility.”[6] The student athletes were not sanctioned, and Ruiz was not disassociated from the program.
This is consistent with the NCAA’s stance that it does not plan to penalize athletes themselves for NIL-adjacent infractions. The Miami women’s basketball team was fined $5,000 plus a separate fine equal to one percent of the program’s budget.[7] The Hurricanes’ program is serving a one-year probation term, which includes reductions in recruiting and official visits.[8]
The Cavinder twins have a massive following on social media with over four million TikTok followers. They took to their social media platforms to speak out against the NCAA. One day after sanctions were announced Haley posted a video to Twitter and TikTok featuring the twins reacting to a headline about the investigation results. Haley wrote “Dear ncaa, scared that female athletes have value?”[9] The term “BFFR NCAA..,” was posted on the video, a common term among college aged students known as “be f–king for real.”[10] The video has over 1.9 million views on TikTok.
In the same week the NCAA decided to penalize these girls over a steak dinner, it allowed Alabama freshman basketball star Brandon Miller to walk free after potentially being an accessory to murder.[11] Miller allegedly delivered the murder weapon, a handgun, used to kill twenty-three-year-old Jamea Jonae Harris, the mother of a 5-year-old boy.[12]Miller allegedly delivered the murder weapon to his Alabama teammate Darius Miles at about 1:45 a.m on January 15, 2023.[13] Miles then gave the gun to Michael Lynn Davis.[14] Police investigators say Davis shot and killed Harris.[15]Miles and Davis are in jail on capital murder charges.[16] Meanwhile, Brandon Miller, Alabama’s top basketball player, hasn’t missed a single game since the shooting, and he has not faced any disciplinary action. It appears that Miller clearly violated Alabama’s Student Code of Conduct, but he is not being held accountable. Instead, Miller continues to play in every Alabama game while the fans as recently as last week chanted “Lock him up, Lock him up!”[17] Why is the NCAA choosing to go after two female athletes and a Miami booster over a steak dinner and ignoring this serious conduct issue? The NCAA has more important matters to oversee than who is present at a steak dinner.
Featured Photo: https://www.si.com/college/miami/basketball/miami-cavinder-twins-subject-of-first-nil-infractions-ruling
[1] https://www.si.com/college/2023/02/24/cavinder-twins-miami-womens-basketball-infractions-nil-ncaa
[2] Id.
[3] Id.
[4] Id.
[5] https://nypost.com/2023/02/28/cavinder-twins-mock-ncaa-following-first-nil-punishment/
[6] Id.
[7] Id.
[8] Id.
[9] https://nypost.com/2023/02/28/cavinder-twins-mock-ncaa-following-first-nil-punishment/
[10] Id.
[11] https://theathletic.com/4253415/2023/02/27/brandon-miller-darius-miles-alabama-shooting/?amp=1
[12] Id.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] https://deadspin.com/alabama-basketball-brandon-miller-jamea-jonae-harris-1850150297
