NCAA, NJCAA, NAIA NIL Guidelines

NCAA Guidelines

Bylaw Article 22:

https://web3.ncaa.org/lsdbi/search/bylawView?id=134209#result

Summary: General Principles

NIL Compensation: 

The bylaws establish that student-athletes can earn compensation for their name, image, and likeness based on their personal brand and skills, but this compensation cannot be linked directly to their athletic performance or serve as a recruiting tool. This aims to protect the integrity of collegiate athletics while allowing athletes to monetize their personal brand.

Definitions and Applications: 

The definition of NIL activities is broad, encompassing any commercial use of a student-athlete’s identity. The bylaws emphasize that compensation must involve a fair exchange for services rendered and must not influence a student-athlete’s enrollment status. This ensures that NIL agreements are based on merit rather than coercion.

Institutional Role:

Institutions are permitted to assist student-athletes in finding NIL opportunities, provided they do not financially benefit from these activities. This promotes independence among student-athletes, allowing them to negotiate their agreements while having access to institutional support when desired.

Disclosure Requirements: 

Transparency is central to the bylaws, with mandatory disclosure of NIL activities to ensure compliance with institutional policies and NCAA regulations. Student-athletes are responsible for providing accurate information, highlighting the importance of accountability in their dealings.

Professional Service Provider: 

The introduction of a registry for professional service providers reinforces the need for reputable representation in NIL negotiations. This helps safeguard student-athletes by ensuring they have access to qualified professionals who can guide them in their financial dealings.

Education:

The NCAA’s commitment to providing education on NIL activities reflects a proactive approach to ensure student-athletes are well-informed about their rights and responsibilities. This includes access to standardized contracts, fostering a better understanding of the landscape surrounding NIL opportunities.

Bylaw 22 Amendment to Disclosure:

https://web3.ncaa.org/lsdbi/search/proposalView?id=107895

Summary: Amendments

22.2 Disclosure of Name, Image and Likeness

Opportunity to Disclose: 

Institutions must allow student-athletes to disclose name, image, and likeness (NIL) activities as per Bylaw 22.2.

Institutional Assistance:

– Institutions can offer assistance to student-athletes who disclose their NIL activities.

– Student-athletes who choose not to disclose will not receive such assistance.

NIL Attestation:

Disclosures must include an attestation confirming:

– Accuracy of disclosed information.

– Compliance with institutional, conference, NCAA rules, and relevant laws.

– Assurance that compensation is not a substitute for athletic participation or enrollment inducement.

– Acknowledgment of potential consequences for failure to disclose or for fraudulent disclosures.

Institutional Policies:

Institutions are required to create policies that guide student-athlete disclosures of NIL activities.

Disclosure Requirements:

– Student-athletes must disclose NIL agreements within 30 days of entering or signing.

– Prospective student-athletes must disclose all relevant agreements within 30 days of enrollment.

– Failure to disclose results in suspension from athletically related activities until requirements are met.

Required Disclosure Elements:

– Names and contact details of involved parties and nature of relationships.

– Terms of the arrangement, including services, rights, duration, and compensation structure.

– Information on professional service providers and their relationship with involved parties.

– Compensation terms between the provider and the student-athlete.

Cure Period for Disclosure Failures:

Institutions can grant a reasonable time for student-athletes to rectify disclosure failures.

Limited Disclosure:

– NIL activities valued under $600 do not require disclosure.

– Activities with similar parties aggregating to $600 or more must be disclosed.

Compliance Accountability:

Institutions are accountable for actions demonstrating disregard for policies, subject to NCAA infractions.

Reporting Requirements:

Institutions must report aggregated NIL activity data to the NCAA biannually. Disclosed information must be accessible to NCAA staff upon request.

Aggregate Data Publication:

The NCAA will maintain and publish an aggregated database of disclosed NIL information.

Bylaw 19.7 Standards of Review and Resolution Methods:

https://web3.ncaa.org/lsdbi/search/bylawView?id=126324#result

Summary: Standards and Resolutions

19.7.3 Violations Presumed in Select Cases:

Violations:

For cases involving name, image, and likeness (NIL) offers or activities under NCAA regulation, a violation is presumed if circumstantial evidence suggests misconduct. The NCAA enforcement staff can formally allege a violation based on this presumption. The hearing panel will assume a violation occurred unless the institution or individual provides clear, credible evidence that all actions complied with NCAA rules. (Adopted 10/26/22, effective 1/1/23).

NJCAA NIL Guidelines

Bylaws, Section 4, Subsection D-E:

https://d2o2figo6ddd0g.cloudfront.net/a/9/salnw8qc14jkgf/NJCAA_Handbook_-_Bylaws_09-03-24.pdf

Summary: General Principles

Loss of Amateur Status:

An athlete loses their amateur status and becomes permanently ineligible for NJCAA participation if they meet any of the following criteria after their 19th birthday or upon enrolling as a full-time student:

– Use of Athletic Skill for Pay: Athletes cannot use their skills for any form of payment, except: They may receive awards (up to $300 plus necessary expenses) for events outside their institution.

– Expense Reimbursement: Accepting reimbursements beyond actual, documented necessary expenses is prohibited.

– Contracts for Professional Athletics: Signing contracts to participate in professional athletics leads to ineligibility unless: The contract does not guarantee pay exceeding necessary expenses.

– Professional Team Participation: Participating in a professional team while receiving more than necessary expenses results in ineligibility.

– Tryouts: Athletes may try out for professional teams but cannot receive more than necessary expenses. Tryouts must not exceed 48 hours, and athletes cannot compete in outside competitions during this time.

Compensation and Employment:

– Compensation Criteria: Student-athletes can be compensated for work performed, but only for actual work at local market rates. Employers cannot use the athlete’s reputation for promotions if there’s no NIL contract.

– Camps and Clinics: Student-athletes cannot teach or coach at their institution during their participation year but may work at camps or clinics without it being considered athletic contact.

– Name, Image & Likeness (NIL): Student-athletes may receive NIL compensation, provided it complies with laws and involves an exchange of goods/services. College representatives cannot pay student-athletes directly, and compensation cannot be contingent on enrollment or based on performance.

Professional Organizations – Agents – Advisors:

– Negotiations and Eligibility: Signing a written agreement with an agent or professional organization results in immediate forfeiture of eligibility. Accepting gifts or services from these entities also jeopardizes eligibility.

– Unpaid Advisors: Student-athletes can have unpaid advisors who provide guidance without risking eligibility, as long as they do not solicit contracts or engage in financial agreements.

– Direct Negotiation: Student-athletes can negotiate with professional organizations directly, without an agent, as long as no contracts are agreed upon. Receiving valuable items from these organizations jeopardizes eligibility.

NAIA NIL Guidelines

Bylaw Article VII:

https://www.naia.org/legislative/2024-25/files/2024_Official_Handbook.pdf?page=25

Summary: General Principles

The following acts will NOT cause an athlete to lose amateur standing:

Receiving compensation for use of name, image or likeness to promote any commercial product or enterprise, or public or media appearance. It is the responsibility of the student-athlete to notify their institution’s athletics director in writing of any compensation the student receives from the use of their name, image or likeness in relation to their school or status as a student athlete. 

NIL Reporting:

– Student-Athlete’s Failure to Report Name, Image, Likeness Compensation 

– A student-athlete receiving compensation for the use of his or her name, image or likeness to promote a commercial product or enterprise, or public or media appearance must report it in writing to his or her athletics director when such promotion includes reference to his or her status as a student-athlete or institution. Failure to do so shall result in an institutional self-report, to be reviewed by the National Coordinating Committee. The committee is empowered to review such violations and apply penalties as necessary, including but not limited to a warning or reprimand to the student-athlete, withholding the student from future competitions.