Student-Athlete NIL: Name, Image and Likeness
All three NCAA divisions adopted an interim policy suspending previous NIL rules as of July 1, 2021. The interim policy provides immediate access to individuals in states without an NLI law or executive order. As of July 1, 2021 California does not have a state law in place for name, image and likeness (NIL). View the press release from the NCAA here.
As of July 1, 2021 no federal law is in place to support student-athletes' use of NIL. Under the NCAA interim NIL policy, schools and student-athletes should adhere to the guidance below:
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If an individual chooses to engage in an NIL activity, eligibility will not be impacted by NCAA amateurism and athletics eligibility bylaws, but other NCAA rules, including prohibitions on pay-for-play and improper recruiting inducements remain in effect;
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No impermissible inducements. NIL compensation contingent on enrollment at a particular school cannot take place;
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No Pay-for-Play. Does not allow compensation for athletic participation or achievement (e.g. financial incentives based on points scored). Athletic performance may enhance a student-athlete's NIL value, but athletic performance may not be the "consideration" for NIL compensation;
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Does not permit compensation for work not performed;
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You can use a professional service provider for NIL activities;
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NCAA guidance does not supersede any institutional financial aid policies that may be in effect. If student-athletes receive personal compensation for their NIL, that may affect the application of school financial aid policies (e.g. calculation of need). The interim policy does not alter the amount of financial aid and benefits student-athletes can receive from schools.
Disclosure
Prior to entering into an agreement for the use of your name, image and likeness, CSU East Bay student-athletes must disclose the proposed contract or opportunity by reaching out to a CSUEB athletic administrator (Athletic Director or Assistant Athletic Directors).
Restricted Opportunities
Please keep in mind that endorsements of alcohol, illegal drugs, tobacco products (including e-cigarettes), anabolic steroids, NCAA banned substances, gambling, firearms or sexually oriented business are strictly prohibited. Finally, property owned by CSUEB, including intellectual property, logos and symbols, may not be used in conjunction with a student-athlete's name, image and likeness opportunity.
Frequently Asked Questions
Please review this NCAA NIL Q & A document to assist with providing guidance for student-athletes seeking to maximize NIL opportunities.
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