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7.6.7.1 SCOPE

This policy establishes expectations related to the engagement in NIL Activities by student-athletes. This policy applies to all students who engage in intercollegiate athletics at Ithaca College.

7.6.7.2 POLICY STATEMENT

Subject to the NCAA rules, applicable law, and the guidelines stated in this policy, student-athletes may engage in and may be compensated for the use of their NIL.

Our approach is to foster maximum flexibility for student-athletes to benefit from their name, image, and likeness while requiring compliance with NCAA legislation, and state and federal laws where applicable. Student-athletes are expected to follow all laws related to NIL in addition to any NCAA or institutional guidelines. These include laws of the state in which you legally reside if outside of New York.

7.6.7.3 DEFINITIONS

Name, Image, and Likeness (NIL) - Most simply, “name, image, and likeness” are three elements that make up a legal concept known as “right to publicity.” Right of publicity involves those situations where permission is required to use their name, image, or likeness. The requirement of permission also means that the person whose NIL is being used may require compensation by a third party in return for use of one’s NIL.

NIL Activity – an NIL Activity is any activity in which a prospective student-athlete or currently enrolled student-athlete uses their NIL or personal appearance for promotional purposes.

7.6.7.4 GUIDELINES

1.  NIL Activities

Subject to the NCAA rules and the guidelines stated in this policy, Ithaca College student-athletes may use their NIL in a variety of ways that may include, but is not limited to, promoting their own business; promoting or endorsing a corporate entity (e.g., a brand ambassador or social media influencer); conducting camps, lessons, or clinics; making appearances; or signing autographs. Student-athletes may receive compensation, either in-kind or monetarily, for engaging in NIL Activities, subject to the NCAA rules and this policy. Student-athletes may engage in NIL Activities and receive corresponding compensation from college donors or sponsors so long as the compensation is for the NIL Activity and is not a recruiting inducement or an inducement to remain enrolled at Ithaca College.

2.  Disclosure of NIL Activities

A student-athlete must disclose all compensated NIL Activities, prior to the activity occurring, to the College through procedures established by the Athletics Office.  Failure to disclose an NIL Activity in advance may result in NCAA eligibility consequences.

Student-athletes, Athletics Department staff, or other parties are encouraged to consult with the Athletics Office regarding the NCAA rules and this policy prior to engaging in NIL activities that involve Ithaca College student-athletes.

3.  NCAA Guidance

The NCAA has adopted guidance governing student-athletes’ NIL Activities. The NCAA rules provide that a student-athlete is prohibited from: 1. receiving pay-for-play, 2. receiving an improper recruiting or continued enrollment inducements, 3. Receiving extra benefits. In accordance with NCAA guidance, prohibitions related to pay for play, impermissible offers and inducements or extra benefits include:

  • NIL agreement without quid pro quo (compensation for work not performed).
  • NIL compensation provided or offered contingent on initial or continued enrollment at a particular institution.
  • NIL compensation contingent on specific athletics performance or achievement (financial incentive based on points scored). Athletics performance may enhance a student-athletes NIL value, but athletic performance may not be the “consideration” for NIL compensation.
  • Benefits provided to student-athletes that are inconsistent with institutional policies (benefits or arrangements not available to the general student body).

4.  Use of Agents or Professional Services

Ithaca College student-athletes are encouraged to obtain professional advice to assist them with NIL Activities. The use of an agent, as defined by NCAA bylaws, may only be used for NIL Activities. Student-athletes are encouraged to thoroughly vet any such agents or advisors prior to working with them, as IC Athletics will not be responsible for any agreement or contractual obligation, whether with an agent or other third party.

Ithaca College coaches, staff, administrators, faculty, or other college personnel may not refer student-athletes to third parties (including boosters) for NIL opportunities nor coordinate, organize, promote or otherwise be involved in a student-athletes NIL Activities except for providing authorized educational programming on NIL and other support services and resources.

Students will be responsible for knowing and be held accountable to state and federal laws related to NIL. This includes income reporting requirements.

5.  Use of College Intellectual Property

Student-athletes are not permitted to use the College’s intellectual property, including its trademarks, logos, or   symbols, to either implicitly or expressly endorse a third party or product without the prior written approval of the College. Student-athletes may autograph and sell officially licensed memorabilia that includes College marks. Per NCAA rules, student-athletes may not sell products provided by the College or awards received for intercollegiate athletic participation while they are a student-athlete.

You may use photos or videos containing the College’s trademarks, logos, service marks, symbols, or other intellectual property for your personal brand building on social media, but not in any compensated NIL Activity.

6.  Team Activities and Academic Obligations

Student-athletes cannot engage in NIL activities during the course of team activities, which include competitions, practices, and team gatherings and meetings. Student-athletes also must not allow NIL activities to interfere with their academic obligations.

You may say, in connection with NIL Activities, that you are a student-athlete at IC and list your personal academic or athletic accolades. You may not imply, directly or indirectly, that IC is endorsing your NIL activities, or any products or services associated with your NIL Activities.

7. Facility Use

Student-athletes may, subject to availability and subject to the terms of a facility use agreement, use IC Athletics’ facilities to conduct camps, clinics, or lessons if the student-athlete pays the standard facility rental rate. Student-athletes may not use IC facilities in such a manner that creates the impression – either express or implied - that IC expressly or indirectly endorses a third party or product.

8.  Restricted Categories

  • Student-athletes must not use their NIL to promote:
  • Gambling, casinos, or any entity that sponsors or promotes gambling activities.

  • Alcohol products, tobacco products (including electronic smoking devices, vapor products, or products or devices that consisted of or contain nicotine that may be ingested in the body).

  • Adult entertainment or any business that is characterized by an emphasis on the exposure or display of sexual activity.

  • Controlled or substances banned by the NCAA.

  • Marijuana (including legalized or medical) products, medical marijuana cultivator, processor lab, or retail dispensary.

9.  Financial Aid

Student-athletes should be aware that receiving compensation for NIL activities could have an impact on their financial aid, especially for those receiving Pell Grants. Student-athletes are encouraged to consult with the Ithaca College Student Financial Services Office to fully understand these potential impacts.

10.  International Student-Athletes

International student-athletes should discuss how receiving compensation may impact their VISA status with the IC International Programs Office prior to engaging in NIL activities.

7.6.7.5 EFFECTIVE DATES

The effective date of this policy is the beginning of the fall semester of 2021.

Last Updated: December 14, 2021