NCAA LSDBi

Division I Proposal - 2020-7

AMATEURISM -- USE OF NAME, IMAGE AND LIKENESS -- PROSPECTIVE STUDENT-ATHLETES

Status: Tabled

Intent: To permit a prospective student-athlete to use his or her name, image and likeness for compensation, as specified.

A.    Bylaws: Amend 12, as follows:

12 Amateurism and Athletics Eligibility

[12.01 unchanged.]

12.02 Definitions and Applications.

12.02.1 Agent. An agent is any individual who, directly or indirectly:

(a) Represents or attempts to represent an individual for the purpose of marketing his or her athletics ability or reputation for financial gain as a professional athlete; or

[12.02.1-(b) unchanged.]

[12.02.1.1 through 12.02.1.2 unchanged.]

[12.02.2 through 12.02.8 unchanged.]

12.02.9 Name, Image and Likeness Activity. A name, image and likeness activity is any activity in which a prospective student-athlete or student-athlete’s name, image, likeness or personal appearance is used for promotional purposes by an noninstitutional entity, including the individual prospective student-athlete or student-athlete, a commercial entity or a noninstitutional nonprofit or charitable entity.  Such use may be compensated (e.g., cash, product or other benefit) or uncompensated.

[12.02.9 through 12.02.16 renumbered as 12.02.10 through 12.02.17, unchanged.]

12.1 General Regulations. An individual must comply with the following to retain amateur status. (See Bylaw 12.12 regarding the eligibility restoration process.)

[12.1.1 unchanged.]

12.1.2 Amateur Status. An individual loses amateur status and thus shall not be eligible for intercollegiate competition in a particular sport if the individual:

(a) Uses his or her athletics skill (directly or indirectly) for pay in any form for participation in that sport;

(b) Accepts a promise of pay for participating in that sport even if such pay is to be received following completion of intercollegiate athletics participation;

[12.1.2-(c) through 12.1.2-(f) unchanged.]

(g) Enters into an agreement with an agent to secure an opportunity as a professional athlete.

[12.1.2.1 through 12.1.2.4 unchanged.]

[12.1.3 unchanged.]

[12.2 unchanged.]

12.3 Use of Agents.

12.3.1 General Rule. An individual shall be ineligible for participation in an intercollegiate sport if he or she ever has agreed (orally or in writing) to be represented by an agent for the purpose of marketing his or her athletics ability or reputation in that sport to secure an opportunity as a professional athlete. Further, an agency contract not specifically limited in writing to a sport or particular sports shall be deemed applicable to all sports, and the individual shall be ineligible to participate in any sport.

[12.3.1.1 through 12.3.1.5 unchanged.]

[12.3.2 through 12.3.4 unchanged.]

[12.4 unchanged.]

12.5 Promotional Name, Image and Likeness Activities.

12.5.1 Permissible.

[12.5.1.1 unchanged.]

12.5.1.2 U.S. Olympic and Paralympic Committee/National Governing Body Advertisement Prior to Collegiate Enrollment. Prior to initial, full-time collegiate enrollment, an individual may receive payment for the display of athletics skill in a commercial advertisement, provided:

(a) The individual receives prior approval to appear in the advertisement from the U.S. Olympic and Paralympic Committee or the applicable national governing body;

(b) The U.S. Olympic and Paralympic Committee or national governing body approves of the content and the production of the advertisement;

(c) The individual forwards the payment to the U.S. Olympic and Paralympic Committee or national governing body for the general use of the organization(s); and

(d) The funds are not earmarked for the individual.

[12.5.1.3 through 12.5.1.9 renumbered as 12.5.1.2 through 12.5.1.8, unchanged.]

[12.5.2 unchanged.]

12.5.3 Noninstitutional Name Image and Likeness Activities – Prospective Student-Athletes. A prospective student-athlete may permit the use of his or her name, image or likeness in noninstitutional promotional activities and receive compensation for such activities, including for personal appearances. A prospective student-athlete shall not receive compensation for athletics performance or participation as an inducement for enrollment (see Bylaws 13.2 and 16.11.2.1).

12.5.3.1 Institutional Involvement. An institution shall not be involved in the development, operation or promotion of a noninstitutional name, image and likeness activity and shall not purchase a prospective student-athlete’s work product or service.

12.5.3.1.1 Use of Institutional Marks. A prospective student-athlete shall not use and an institution shall not permit the use of institutional marks in noninstitutional name, image and likeness activities.

12.5.3.1.2 Use of Institutional Facilities. A prospective student-athlete shall not use institutional facilities for noninstitutional name, image and likeness activities.

12.5.3.2 Specifically Prohibited Promotional Activities. A prospective student-athlete shall not engage in name, image and likeness activities involving a commercial product or service that conflicts with NCAA legislation (e.g., sports wagering, banned substances).

12.5.3.3 Conflicts With Institutional Agreements and Other Considerations. An institution shall have policies that set forth the name, image and likeness activities in which student-athletes may or may not engage.  An institution shall provide such policies to a prospective student-athlete by the point in which an offer of financial aid and/or admission is provided to the prospective student-athlete.

12.5.3.4 Autographs. A prospective student-athlete may receive compensation for his or her autograph.

12.5.3.5 Crowdfunding.

12.5.3.5.1 Crowdfunding for Educational Expenses. A prospective student-athlete may use his or her name, image or likeness through a crowdfunding service (e.g., website) to raise funds for educational expenses (e.g., mission trips, internships) that are not included in the prospective student-athlete's cost of attendance, provided there is no institutional involvement.  It is not permissible for a prospective student-athlete to use the prospective student-athlete's name, image or likeness through a crowdfunding service to raise funds to cover educational expenses that are included in the definition of cost of attendance per Bylaw 15.02.2.

12.5.3.5.2 Crowdfunding for a Specific Charitable Purpose. A prospective student-athlete’s name, image or likeness may be used through a crowdfunding service (e.g., website) to raise funds for a specific charitable purpose (e.g., relief efforts for victims of a catastrophic event, community hardship), provided any excess proceeds are given to a not-for-profit organization.

12.5.3.5.3 Crowdfunding for Actual and Necessary Expenses. A prospective student-athlete’s name, image or likeness may be used through a crowdfunding service (e.g., website) to raise funds to cover actual and necessary expenses pursuant to Bylaw 12.1.2.1.4.3.

12.5.3.6 Disclosure of Name, Image and Likeness Activities. A prospective student-athlete who has received an offer of athletically related financial aid or has submitted a financial deposit in response to an offer of admission is required to report all name, image and likeness activities to an entity, as determined by the NCAA. Disclosure shall include information related to transactions, compensation arrangements and details of relationships with an involved individual, commercial entity and third parties (e.g., contact information, identification of role). Disclosure shall include an attestation that compensation received is not based on athletics performance or received as an inducement for enrollment.

[12.5.3 through 12.5.4 renumbered as 12.5.4 through 12.5.5, unchanged.]

[12.6 through 12.12 unchanged.]

B.    Bylaws: Amend 13.2, as follows:

13.2 Offers and Inducements.

13.2.1 General Regulation. An institution's staff member or any representative of its athletics interests shall not be involved, directly or indirectly, in making arrangements for or giving or offering to give any financial aid or other benefits to a prospective student-athlete or his or her family members or friends, other than expressly permitted by NCAA regulations. Receipt of a benefit by a prospective student-athlete or his or her family members or friends is not a violation of NCAA legislation if it is determined that the same benefit is generally available to the institution's prospective students or their family members or friends or to a particular segment of the student body (e.g., international students, minority students) determined on a basis unrelated to athletics ability. [R]

13.2.1.1 Specific Prohibitions. Specifically prohibited financial aid, benefits and arrangements include, but are not limited to, the following: [R]

[13.2.1.1-(a) through 13.2.1.1-(i) unchanged.]

(j) Sponsorship of or arrangement for an awards banquet for high school, preparatory school or two-year-college athletes by an institution, representatives of its athletics interests or its alumni groups or booster clubs; and

(k) Expenses for academic services (e.g., tutoring, test preparation) to assist in the completion of initial-eligibility or transfer-eligibility requirements or improvement of the prospective student-athlete's academic profile in conjunction with a waiver request.; and

(l) An arrangement for the use of a prospective student-athlete's name, image or likeness noninstitutional promotional activities that is contingent on enrollment at a particular institution.

[13.2.1.2 through 13.2.1.5 unchanged.]

[13.2.2 through 13.2.11 unchanged.]

Source: NCAA Division I Council (Name, Image and Likeness Legislative Solutions Group)

Effective Date:August 1, 2021

Proposal Category: Amendment

Topical Area: Amateurism

Rationale: The recommended regulatory approach to name, image and likeness addresses both prospective student-athletes and student-athletes given that name, image and likeness-related relationships and agreements can be developed well before collegiate enrollment. This model would ensure consistency and clarity for prospective student-athletes and student-athletes, as well as other entities involved in name, image and likeness-related activities (e.g., professional service providers). It also minimizes the risk of prospective student-athletes entering into agreements or relationships before full-time enrollment that could render them ineligible when they become student-athletes.

Division I Commitment addressed by proposal: The Commitment to Student-Athlete Well-Being.

Is the proposal consequential or nationally significant?: Yes. The NCAA Board of Governors directed the divisions to consider appropriate rules changes to provide student-athletes the opportunity to benefit from the use of their names, images and likenesses in a manner consistent with the values and beliefs of intercollegiate athletics.

Is the proposal enforceable and how do the merits outweigh monitoring burdens?: Yes. The merits of providing significant opportunities to prospective student-athletes outweighs the potential monitoring burden.

How does the proposal support student-athlete success/well-being?: This proposal would allow prospective student-athletes to take advantage of opportunities to support themselves through the use of their names, images and likenesses.

Estimated Budget Impact: TBD.

Impact on Student-Athlete's Time (Academic and/or Athletics): A student-athlete's time may be impacted by engaging in name, image and likeness activities.

Position Statement(s):

Student-Athlete Experience Committee Supports

History

Nov 13, 2020: In Progress
Jan 11, 2021: Tabled

Legislative References

Division Number Title
I 12 Amateurism and Athletics Eligibility
I 12.02 Definitions and Applications.
I 12.02.1 Agent.
I 12.1 General Regulations.
I 12.1.2 Amateur Status.
I 12.3 Use of Agents.
I 12.3.1 General Rule.
I 12.5 Promotional Activities.
I 12.5.1 Permissible.
I 12.5.1.2 U.S. Olympic and Paralympic Committee/National Governing Body Advertisement Prior to Collegiate Enrollment.
I 13.2 Offers and Inducements.
I 13.2.1 General Regulation.
I 13.2.1.1 Specific Prohibitions.
References