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NCAA Name, Image and Likeness (NIL) Key Points and Rules

Last week, the NCAA approved an interim policy for “Name, Image and Likeness” (NIL) rules that became effective on July 1.  The new policy applies to both current NCAA student-athletes in all divisions as well as prospective student-athletes currently in high school, prep school or junior college.

This policy is an “interim” policy adopted by the NCAA due to the variety of state laws that have been proposed or signed into law and the lack of over-arching Federal legislation that the NCAA has not been able to achieve.

Here are a few of the key points regarding this interim policy:

  • This policy applies to all NCAA Divisions – I, II, and III
  • Individuals – both current NCAA student-athletes and prospects – “…can engage in NIL activities that are consistent with the law of the state where the student-athlete’s school is located.”
  • For prospective student-athletes in high school or junior college, they will need to also consider whether state NIL laws will impact their eligibility under their state high school federation rules or under the NJCAA or CCCAA rules.
  • Current NCAA student-athletes attending a college or university in a state that has not yet enacted an NIL law can participate in those activities without being concerned about violating NCAA rules regarding all NIL activities.
  • College and prospective student-athletes can use a professional services provider (such as an attorney or brand marketing agency) to assist with their participation in NIL activities.
  • Athletes will also need to consider any applicable rules regarding amateur status in their particular sport.  For example, golfers who accept compensation for NIL activities may be jeopardizing their amateur status under USGA rules.

The following NCAA rules will still apply to prospects and current student-athlete:

  • An individual may not accept payment for NIL activities that require the athlete to attend a particular university.
  • An athlete accepting “Pay for Play” will still jeopardize their NCAA eligibility.  While an athlete’s athletic ability or performance in an event or a season will impact their public and social media visibility, their athletic performance or contribution to a team’s success can’t be the factor that their compensation is based on.  Their compensation should instead depend upon their social media presence or their popularity with the public – how engaged they are to promote a product or service or in signing autographs.
  • An athlete can’t receive compensation for work that they don’t do.  While they may not actually be “doing anything” if they are receiving compensation for having their picture in a product advertisement, they are granting express permission for that product or service to use their picture.  So, in essence, they are “working” in exchange for their compensation.

The NCAA has prepared a list of “Interim Policy Resources” which can be found as you scroll down on the page that is linked below:

https://www.ncaa.org/about/taking-action

While we are not familiar with the various state laws that have been enacted across the country regarding NIL, we will do our best to answer your questions about NIL if you have questions that you’re not ready to pose to a college coach or compliance office.  Contact us at rick@informedathlete.com or by calling 913-766-1235.

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NCAA Convention Summary

The most significant rule change that was approved at the recent NCAA Convention will benefit the health and well-being of Division I student-athletes at a Power Five university.

  • Those athletic programs will be required to provide their athletes with information and access to available mental health services.
  • Non-Power 5 NCAA Division I programs will not be required to offer such services, but many will do so to keep pace with the universities they are recruiting and competing against.

Here’s a brief rundown of other rule changes that might be of interest to our readers: 

NCAA Division I

Power Five universities will be allowed to provide room and board to athletes participating in summer school activities (strength and conditioning, etc.) even if they aren’t enrolled in summer courses.

NCAA Division II

Division II student-athletes competing unattached next school year will be permitted to receive athletic training support or medical services from their university at a competition site.

Under current legislation, if a track athlete is competing unattached, for example, at a meet where their teammates are competing for the college, that athlete is not allowed to be treated by the athletic trainers from their own college. They would instead need to receive treatment from the staff of the college hosting the event. The new rule will allow an unattached athlete to receive medical assistance from their own athletic training staff starting next year.

NCAA Division III

High school or prep school students who choose to participate in college athletics in NCAA Division III will be permitted to receive funds to pay for their pre-college educational expenses from any person or entity as long as the funds don’t come from an agent, a pro sports team, or the booster of a Division III college. Another condition is that such funds must be paid directly to the athlete’s high school or prep school rather than to the athlete’s family.

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Informed Athlete: NLI Period by Rick Allen

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Rick Allen Quoted – Article on Kiara Austin

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Get an NCAA Rules Expert in your Corner!

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Rick Allen – Article – Fighting Through Setbacks

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