Beginning July 1, 2021, under new NCAA interim policies, student-athletes will be able to capitalize on their personal brands with monetary compensation for the use of their Name, Image, and Likeness. As with all new policies, it is important for student-athletes to understand how these new guidelines can benefit them without compromising their NCAA eligibility.
Northeastern State Name, Image & Likeness Policy (PDF) • Northeastern State Name, Image & Likeness Disclosure Form (PDF) • NCAA Resources • MIAA Resources
In conjunction with NCAA policy and applicable laws, Northeastern State University (NSU) supports student-athletes receiving compensation for the use of their name, image, and likeness from sources outside NSU in accordance with the following guidelines:
General Provisions
Student-athletes must confirm their name, image and likeness activities to NSU policy and any applicable NCAA and/or MIAA requirements, as well as any applicable state or federal name, image, and likeness laws (in effect now or in the future). The effective date of this policy is July 1, 2021. Any name, image and likeness agreements entered into prior to July 1, 2021 are not covered by this policy and would be subject to NCAA rules that were in effect prior to July 1, 2021. Student-athletes can't enter into any such written or oral agreements for name, image, and likeness before July 1, 2021. Student-athletes, NSU staff, or other third parties should consult with NSU Athletics Compliance regarding NCAA rules and/or this policy prior to engaging in name, image, and likeness activities that involve NSU Athletics student-athletes.
Name, Image and Likeness Activities
Student-athletes' use and monetization of their name, image and likeness may involve a range of activities that include, but are not limited to:
- Traditional commercials or advertisements for products or services;
- The development and promotion of a student-athlete's own business;
- Personal appearances;
- Putting on camps/clinics;
- Providing private lessons;
- Sponsored social media posts; or Autograph sessions.
Student-athletes who are unsure of whether a particular activity may fall under this policy should consult with NSU Athletics Compliance prior to entering any agreement for the activity.
Compensation for Name, Image and Likeness Activities
There are no limits on the amount of compensation (either in-kind or monetarily) a student-athlete may earn through name, image and likeness activities, provided any and all compensation is for work actually performed and that the student-athlete is compensated at a fair market value.
Disclosure of Name, Image and Likeness Activities
Disclosure requirements exist so that NSU Athletics Compliance may monitor compliance with NCAA rules and NSU policies. It is not an approval process. A current student-athlete who contemplates entering into a contract providing compensation to the student-athlete for the use of the student athlete's name, image and likeness rights or athletic reputation shall disclose the potential contract to NSU Athletics Compliance by completing the Name, Image and Likeness Disclosure Form and submitting the complete form within two (2) business days of entering in to any agreement. The Name, Image and Likeness Disclosure Form may be accessed at www.goriverhawksgo.com.
Student-athletes entering NSU for the first time, including transfer student-athletes and first-time college enrollees, are required to disclose any contracts entered into prior to enrolling at NSU within fifteen (15) days of matriculation at NSU. Disclosures should be made utilizing the Name, Image, and Likeness Disclosure Form.
In the event that NSU, NSU Athletics, or an affiliated entity asserts a conflict as described in the "Restrictions" section, that conflict shall be disclosed to the student-athlete and the student athlete's professional representative, if applicable, within five (5) business days of receiving the Name, Image and Likeness Disclosure Form by providing the full contract that NSU asserts is in conflict and designating the relevant contractual provisions asserted to be in conflict.
Restrictions
Student-athletes must not use their name, image and likeness to promote:
- Gambling;
- Alcohol products;
- Tobacco and/or vaping products;
- Adult entertainment;
- substances banned by the NCAA; or
- Products or services that are illegal.
Furthermore, an agreement is restricted if the agreement:
- Is without quid pro quo (e.g., compensation provided for work not performed);
- Is contingent upon enrolling or remaining at a particular institution (e.g., recruiting inducement);
- Compensates based on athletic participation or achievement (e.g., "pay-for-play");
- Requires the student-athlete to engage in name, image and likeness activities during the course of official team activities, which include competitions, practices, and team gatherings and meetings;
- Interferes with the student-athlete's academic obligations (e.g., class, exams, or scheduled tutor/mentor sessions);
- Extends beyond a student-athlete's athletic eligibility at NSU; or
- Is in conflict with a provision of a contract entered into by NSU, NSU Athletics, or an affiliated entity. All employees of NSU, including coaches and athletics department staff members, faculty, etc., are not permitted to compensate or cause compensation to be directed to a student-athlete, a prospective student-athlete, or their family members for name, image and likeness activities.
Professional Advisors
Student-athletes may retain and use the services of professional advisors (i.e., agents, tax advisors, financial advisors, legal advisors, etc.) to assist them in their name, image and likeness activities. A student-athlete may only engage a professional advisor for the purpose or securing payment for the use of the student-athlete's name, image and likeness, or otherwise advising the student-athlete concerning name, image and likeness. Student-athletes may not engage a professional advisor for the purpose of negotiating with professional athletic teams or organizations without jeopardizing their collegiate athletics ability.
This policy does not create an institutional obligation to provide student-athletes with legal advice concerning their name, image, and likeness activities. Any and all issues including, but not limited to, taxation, compensation, legality, visa status, and/or any other issues shall be the responsibility of the student-athlete to resolve.
Professional representation on behalf of a student-athlete by an athlete agent or attorney shall only be provided by persons licensed by the state of Oklahoma or holding certificates of registration as provided by applicable Oklahoma law, and who are operating in compliance with such Oklahoma law and the Federal Sports Agent Responsibility and Trust Act, 15 U.S.C. § 7801 et seq., established in chapter 104 of title 15 of the United States Code. NSU encourages its student athletes to thoroughly vet any such agents or advisors prior to working with them, as NSU will not be responsible for any agreement or contractual obligation, whether with an agent or other third party.
All professional representation must be disclosed to NSU in the NSU Name, Image and Likeness Disclosure Form.
Use of Northeastern State University Intellectual Property
Student-athletes may reference their attendance at NSU and/or their participation in athletics while engaging in name, image and likeness activities, but student-athletes are not permitted to use NSU's intellectual property, including its trademarks, logos, or symbols, to either implicitly or expressly endorse a third party or product.
Student-athletes may not autograph and sell officially licensed memorabilia that includes University marks. Per NCAA rules, student-athletes may not sell products provided by NSU or awards received for intercollegiate athletic participation while they are a student-athlete.
Northeastern State University Facility Use
Student-athletes may not receive benefits (i.e., use of institutional facilities, use of department resources, etc.) if such benefits are inconsistent with institutional policies.
Use of NSU facilities is not generally permissible for name, image and likeness activities. However, exceptions to this requirement may be made by the Director of Athletics, in his/her sole discretion, for activities that do not conflict (or post only a de minimis conflict) with scheduling, operations, policies or programs concerning the Athletics Department.
Any use of NSU facilities permitted under this provision is subject to NSU policies and procedures, including any facility use and/or waiver of liability agreements or requirements by NSU. Student athletes will be required to pay the same rental rates available to any other student at NSU and may not receive special rates or discounts for use of NSU facilities or resources.
Student-athletes may not use NSU facilities in such a manner that creates the impression – either express or implied – that NSU expressly or indirectly endorses a third party or product unless prior written approval is obtained from NSU.
Financial Aid and Tax Implications
A student-athlete's involvement in name, image and likeness activities will not relieve the student athlete from the obligation to comply with all NCAA and NSU academic standards, requirements, regulations or obligations, team rules of conduct or other applicable rules of conduct, standards or policies regarding participation in intercollegiate athletics, or disciplinary rules and standards generally applicable to NSU students.
Compensation received for name, image and likeness activities may not be used as a basis to reduce or cancel any student-athlete's athletics aid.
Please note, however, that any income received by a student-athlete could impact that student-athlete's eligibility for need-based financial aid.
An athletics grant-in-aid award from NSU is not considered compensation for use of a student athlete's name, image, likeness rights.
Student-athletes should be aware that their name, image and likeness income may be considered taxable income, and student-athletes should consult with an appropriate tax professional about the tax implications of any compensation they receive.
International Students
International student-athletes should confer with the NSU's Office of International Programs to understand what their visa permits in this area.
Reserved Rights
NSU reserves the right to use a student-athlete's name, image and likeness to the extent and in the form determined in the institution's sole discretion, at any time for its advertising and marketing related to NSU athletic, academic, promotional and historical interests. Any contractual provision in a contract between a student-athlete and a third-party sponsor or athlete agent in conflict with this provision is null and void.