jriv09 said:
https://247sports.com/Article/NCAAs-reported-memo-sent-to-member-schools-puts-Texas-AMs-new-NIL-initiative-in-question-205549588/
I generally agree that the NCAA is a joke. In this point they have a case.
On the one hand, the TMF is a separately incorporated 501)(c)3 organization with independence from Texas A&M University. That said, the TMF is a sole purpose 501(c)3, and that sole purpose is to support Texas A&M athletics. It, like the Texas A&M Foundation, the Association of Former Students, the George and Barbara Bush Foundation, and the Corps of Cadet's, can only operate in support of the University. Further, each of those organizations have a Board of Regent liason and the President of the University of an ad hoc member of those Boards.
It will be hard for the TMF to successfully argue full independence which I believe is the point the NCAA is taking up. The TMF is different though in that none of the employees of the TMF are University employees. That's not the case in most universities. In most universities the athletic fundraising staff are employees of the university.