LSDBi
Division II Proposal - NC-2023-30
AMATEURISM AND FINANCIAL AID -- VARIOUS BYLAWS -- STUDENT-ATHLETE NAME, IMAGE AND LIKENESS ACTIVITIES
Convention Year: 2023
Date Submitted: August 2, 2022
Status: Adopted Final
Effective Date: Immediate
Official Notice Number: NC-2023-30
Source: NCAA Division II Management Council (Implementation Committee).
Proposal Category: Noncontroversial
Topical Area: Amateurism
Intent: To amend the amateurism and financial aid legislation to align with and address the goals of the NCAA Interim Name, Image and Likeness (NIL) Policy, as follows: (1) Remove duplicative language; (2) Define a professional service provider; (3) Eliminate regulations regarding activities prior to initial full-time collegiate enrollment; (4) Codify the NCAA Interim NIL Policy; (5) Amend permissible and impermissible activities following initial full-time collegiate enrollment, as specified; (6) Specify that an employer may not use a student-athlete's reputation to promote a product or service unless the student-athlete has entered into an NIL agreement with the employer; and (7) Eliminate the promotional activities legislation.
A. Bylaws: Amend 12, as follows:
12 Amateurism
12.01 General Principles.
12.01.1 Eligibility for Intercollegiate Athletics. Only an amateur student-athlete who satisfies all eligibility requirements may participate in is eligible for intercollegiate athletics participation in a particular sport.
[12.01.2 unchanged.]
12.01.3 "Individual" Versus "Student-Athlete." NCAA amateureligibility status may be lost as a result of activities before enrollment in college. If NCAA rules specify that an "individual" may or may not participate in certain activities, this term refers to a person before and after enrollment in a member institution. If NCAA rules specify a "student-athlete," the legislation applies only to that person's activities after enrollment.
[12.01.4 unchanged.]
12.02 Definitions and Applications.
[12.02.1 through 12.02.2 unchanged.]
12.02.3 Professional Service Provider. A professional service provider is an individual who provides third party services to an individual regarding their name, image and likeness. A professional service provider includes, but shall not be limited to, an agent, tax advisor, marketing consultant, attorney or anyone who is employed or associated with such persons.
[12.02.3 through 12.02.9 renumbered as 12.02.4 through 12.02.10, unchanged.]
12.1 General Regulations. An individual's (prospective student-athlete or enrolled student-athlete) amateur statuseligibility for participation in athletics shall be determined using the following provisions. (See Bylaw 14.2.4.2 regarding participation in organized competition prior to initial collegiate enrollment and Bylaw 14.13 regarding the eligibility restoration process.)
12.1.1 Validity of Amateur Status. As a condition and obligation of membership, it is the responsibility of an institution to determine the validity of the information on which the amateureligibility status of a prospective student-athlete (e.g., including a two-year and four-year college transfer initially enrolling at an NCAA Division II institution) and student-athlete is based. (See Bylaw 14.01.3.)
12.1.1.1 Amateurism Certification Process. An institution shall use an eligibility center approved by the Board of Governors to determine the validity of the information on which the amateureligibility status of a student-athlete is based.
12.1.1.1.1 Scope. The certification of amateureligibility status issued by the NCAA Eligibility Center is limited to activities that occur prior to a prospective student-athlete requesting a final amateurismeligibility certification or their initial full-time collegiate enrollment at an NCAA Division II institution, whichever occurs earlier.
[12.1.1.1.2 unchanged.]
12.1.1.1.2.1 AmateurEligibility Status After Certification. An institution is responsible for certifying the amateureligibility status of a prospective student-athlete from the time they request a final certification be issued by the NCAA Eligibility Center or they initially enroll as a full-time student at an NCAA Division I or II institution (whichever occurs earlier).
12.1.1.1.2.2 Sharing Information and Reporting Discrepancies. An institution is responsible for notifying the NCAA Eligibility Center when it receives additional information, or otherwise has cause to believe, that a previously certified prospective student-athlete's amateureligibility status has been jeopardized. Further, an institution is responsible for promptly reporting all discrepancies in information related to a student-athlete's amateurism certification to the NCAA Eligibility Center.
12.1.1.1.3 Eligibility for Practice and Competition. Prior to engaging in practice or competition, a student-athlete shall receive a certification of amateureligibility status for activities that occur prior to the certification or initial full-time enrollment at an NCAA Division II institution (whichever occurs earlier).
12.1.1.1.3.1 Participation Before Certification -- Recruited and Nonrecruited Student-Athlete. If a recruited or nonrecruited student-athlete reports for athletics participation before the student-athlete's amateureligibility status has been certified, the student-athlete may practice, but not compete, for a maximum of 45 days, provided the student-athlete is enrolled full time or has been accepted for enrollment as a regular full-time student. After this 45-day period, the student shall have established minimum requirements as an amateureligible for participation in athletics (as certified by the NCAA Eligibility Center) to continue practicing or to compete.
12.1.1.1.3.1.1 Effect of Violation. A violation of Bylaw 12.1.1.1.3.1 in which the student-athlete is subsequently certified without conditions shall be considered an institutional violation per Bylaw 7.01.7Constitution Article 1-E but shall not affect the student-athlete's eligibility.
12.1.2 Activities Prior to Initial Full-Time Collegiate Enrollment. An individual loses amateur status and thus shall not be eligible for intercollegiate participation in a particular sport if the individual enters into an agreement with or receives benefits from an agent (See Bylaws 12.02.1 and 12.3 for additional information regarding agents.)
12.1.2 Name, Image and Likeness.
12.1.2.1 Application. NCAA Bylaws, including prohibitions on pay-for-play and improper recruiting inducements, remain in effect, subject to the following:
(a) For institutions in states without name, image and likeness laws or executive actions or with name, image and likness laws or executive actions that have not yet taken effect, if an individual elects to engage in a name, image and likeness activity, the individual's eligibility for intercollegiate athletics will not be impacted by the application of Bylaw 12.
(b) For institutions in states with name, image and likeness laws or executive actions with the force of law in effect, if an individual or member institution elects to engage in a name, image and likeness activity that is protected by law or executive order, the individual’s eligibility for and/or the membership institution’s full participation in NCAA athletics will not be impacted by the application of NCAA Bylaws unless the state law is invalidated or rendered unenforceable by operation of law.
(c) Use of a professional services provider is also permissible for name, image and likeness activities, except as otherwise prohibited by state law or executive action with the force of law that has not been invalidated or rendered unenforceable by operation of law.
12.1.2.2 Name, Image and Likeness Activities Related to Enrollment Decisions. A name, image and likeness agreement or the payments associated with such an agreement may not be guaranteed or promised contingent on initial or continuing enrollment at a particular institution (e.g., recruiting inducement).
12.1.2.3 Monitoring for Compliance. The NCAA will continue its normal regulatory operations but will not monitor name, image and likeness activities for compliance with state law.
12.1.2.4 Reporting Requirements. Individuals should report name, image and likeness activities consistent with state law and/or institutional requirements.
12.1.3 Permissible -- Following Initial Full-Time Collegiate Enrollment. Following initial full-time collegiate enrollment, participation in the following activities and receipt of the following benefits will not jeopardize the amateurathletics eligibility status of an individual:
(a) Educational Expenses. Receipt of educational expenses awarded by the following sources:
(1) The U.S. Olympic and Paralympic Committee or the U.S. national governing body (or, for international individuals, expenses awarded by the equivalent organization of a foreign country), in accordance with the applicable conditions set forth in Bylaw 15.2.2.4;
(2) A professional team or league, in accordance with the applicable conditions set forth in Bylaw 15.2.2.5; or
(3) An outside sports team, in accordance with the applicable conditions set forth in Bylaw 15.2.2.3.
(b a) Actual and Necessary Expenses for Participation onFrom an Outside Amateur Sports Team or Organization. Receipt of actual and necessary expenses from an outside amateur sports team or organization or outside sponsor (e.g., neighbor, business), other than an agent, professional service provider, representative of an institution's athletics interests or professional sports organization, for competition and practice held in preparation for such competition. Practice must be conducted in a continuous time period preceding the competition except for practice sessions conducted by a national team, which occasionally may be interrupted for specific periods of time before the competition;
(1) Donations From Outside Sponsors. An individual who participates in a sport as a member of a team may receive actual and necessary expenses for competition and practice held in preparation for such competition (directly related to the competition and conducted during a continuous time period preceding the competition) from an outside sponsor (e.g., neighbor, business) other than an agent, representative of an institution's athletics interests or professional sports organization. An individual who participates in a sport as an individual (not a member of a team) may receive actual and necessary expenses associated with an athletics event and practice immediately preceding the event, from an outside sponsor (e.g., neighbor, business) other than an agent, representative of an institution's athletics interests or professional sports organization.
(c b) Actual and Necessary Expenses for Participation in a Collegiate All-Star Contest. A student-athlete may receive actual and necessary expenses from an outside sponsor (e.g., neighbor, business), other than an agent, professional service provider, representative of an institution's athletics interests or professional sports organization, for participation in a collegiate all-star contest, provided the student-athlete has exhausted eligibility in the sport.
[12.1.3-(d) through 12.1.3-(f) relettered as 12.1.3-(c) through 12.1.3-(e), unchanged.]
(g) Participation in Institutional, Charitable or Educational Promotions or Fundraising Activities. Participation in institutional, charitable or educational promotions or fundraising activities that involve the use of athletics ability by an individual to obtain funds (e.g., "swim-a-thons") are permitted only if:
(1) The money is contributed directly to the institution, conference, or the charitable, educational or nonprofit agency;
(2) The individual receives no compensation or prizes for their participation; and
(3) The provisions of Bylaw 12.5.1 are satisfied.
[12.1.3-(h) relettered as 12.1.3-(f), unchanged.]
12.1.4 Impermissible -- Following Initial Full-Time Collegiate Enrollment. Following initial full-time collegiate enrollment, an individual's participation in the following activities or receipt of the following benefits will jeopardize the individual's amateur statusathletics eligibility and eligibility for intercollegiate participation in a particular sport:
(a) Use of Athletics Skill for Pay. Use of athletics skills for pay in any form in that sport from any source (e.g., a professional team), including a promise of pay, receipt of direct or indirect salary, gratuity or comparable compensation or preferential treatment, benefits or services.
(b) Acceptance of a Promise of Pay. Acceptance of a promise of pay even if such pay is to be received following completion of intercollegiate athletics participation.
(b) Name, Image and Likeness Agreements Based on Athletics Participation or Achievement. Receipt of compensation or incentives for enrollment decisions (e.g., signing a letter of intent or transferring), athletic performance (e.g., points scored, minutes played, winning a contest), achievement (e.g., starting position, award winner), or membership on a team (e.g., being on roster).
(c) Receipt of a Salary, Gratuity or Compensation. Receipt of any direct or indirect salary, gratuity or comparable compensation for participation in athletics.
[12.1.4-(d) relettered as 12.1.4-(c), unchanged.]
(d) Payment Based on Place Finish. Any payment, including actual and necessary expenses, conditioned on the individual's or team's place finish or performance or given on an incentive basis, or receipt of expenses in excess of the same reasonable amount for permissible expenses given to all individuals or team members involved in the competition.
(e) Contract to Play Professional Athletics. Signing a contract or commitment of any kind to play professional athletics, regardless of its legal enforceability or any consideration received.
(f) Receipt of Funds From a Professional Team. Receipt, directly or indirectly, of a salary, reimbursement of expenses or any other form of financial assistance from a professional sports organization based on athletics skill or participation, except as permitted by NCAA rules and regulations.
(g) Competition on a Professional Team. Competition on any professional athletics team (per Bylaw 12.02.6), even if no pay or remuneration for expenses was received.
(h) Agreement With or Benefits From an Agent. Entrance into an agreement with or receipt of benefits from an agent.
(i) Educational Expenses. Receipt of educational expenses not permitted by the governing legislation of this Association (see Bylaw 15 regarding permissible financial aid to enrolled student-athletes).
[12.1.4-(j) relettered as 12.1.4-(e), unchanged.]
(1) Exception -- Prize Money Based on Place Finish -- Individual Sports. In individual sports, a student-athlete may receive prize money based on place finish or performance in an open athletics event. The competition must occur outside the institution's declared playing season during the institution's official summer vacation period. In addition, such prize money shall not exceed the student-athlete's actual and necessary expenses and may be provided only by the sponsor of the event. Actual and necessary expenses shall not include the expenses or fees of anyone other than the student-athlete.
[12.1.4-(k) relettered as 12.1.4-(f), unchanged.]
(l) Expenses Above Actual and Necessary Expenses From Outside Amateur Sports Team or Organization. Receipt of expenses from an outside amateur sports team or organization in excess of actual and necessary travel, room and board expenses, and apparel and equipment (for individual and team use only from teams or organizations not affiliated with member institutions, including local sports clubs as set forth in Bylaw 13.11.2.4) for competition and practice held in preparation for such competition. Practice must be conducted in a continuous time period preceding the competition except for practice sessions conducted by a national team, which occasionally may be interrupted for specific periods of time before the competition.
(m) Expenses From Nonpermissible Entities. Receipt of any expenses, including actual and necessary expenses or any other form of compensation, to participate in athletics competition (while not representing an educational institution) from an agent, representative of an institution's athletics interests or professional sports organization.
[12.1.4-(n) relettered as 12.1.4-(g), unchanged.]
(o) Payment Based on Place Finish. Any payment, including actual and necessary expenses, conditioned on the individual's or team's place finish or performance or given on an incentive basis, or receipt of expenses in excess of the same reasonable amount for permissible expenses given to all individuals or team members involved in the competition.
(1) Exception -- Prize Money Based on Place Finish -- Individual Sports. In individual sports, a student-athlete may receive prize money based on place finish or performance in an open athletics event. The competition must occur outside the institution's declared playing season during the institution's official summer vacation period. In addition, such prize money shall not exceed the student-athlete's actual and necessary expenses and may be provided only by the sponsor of the event. Actual and necessary expenses shall not include the expenses or fees of anyone other than the student-athlete.
(p) Prize for Participation in Institutional Promotional Activity. Receipt of a prize for participation (involving the use of athletics ability) in a member institution's promotional activity that is inconsistent with the provisions of Bylaw 12.5.
(q) Pay for Competition Involving Use of Overall Athletics Skill. Participation for pay in competition that involves the use of overall athletics skill (e.g., "superstars" competition). (See Bylaw 12.5.2.3.3 for exception related to promotional contests.).
(r) Preferential Treatment, Benefits or Services. Receipt of preferential treatment, benefits or services because of the individual's athletics reputation, skill or pay-back potential as a professional athlete, unless such treatment, benefits or services are specifically permitted under NCAA legislation. [R]
12.1.5 AmateurAthletics Eligibility Status if Professional in Another Sport. A professional athlete in one sport may represent a member institution in a different sport. The institution may award institutional financial aid to a student-athlete, provided the student-athlete is not professional in the sport in which the student-athlete will participate at the certifying institution. However, a student-athlete who currently is receiving institutional financial aid and signs a contract in the same sport or receives compensation from an agent or a professional-sport organization may continue to receive such aid for the remainder of the term of the award, provided the student-athlete has completed their four seasons of competition. (See Bylaw 15.1.1.4.)
[12.1.5.1 unchanged.]
12.2 Involvement With Professional Teams.
[12.2.1 unchanged.]
12.2.2 Practice Without Competition. Following initial full-time collegiate enrollment, an individual may participate in practice sessions conducted by a professional team, provided such participation meets the requirements of NCAA legislation governing tryouts with professional athletics teams (see Bylaw 12.2.1) and the individual does not: receive any compensation or enter into a contract or agreement to practice or participate as a member of the professional athletics team. Such contracts or agreements would be separate from those that the individual may enter into with the professional team for name, image and likeness activities, as set forth in Bylaw 12.1.2.
(a) Receive any compensation for participation in the practice sessions;
(b) Enter into any contract or agreement with a professional team or sports organization; or
(c) Take part in any outside competition (games or scrimmages) as a representative of a professional team.
[12.2.3 unchanged.]
12.2.4 Draft and Inquiry.
12.2.4.1 Inquiry. An individual may inquire of a professional sports organization about eligibility for a professional-league player draft or request information about the individual's market value without affecting their amateureligibility status.
12.2.4.2 Draft List. An enrolled student-athlete may enter a professional league's draft an unlimited number of times during their collegiate career and be drafted by any team in the league without jeopardizing eligibility in that sport, provided the student-athlete does not ever agree (orally or in writing) to be represented by an agent for the purposes of marketing their athletics ability or reputation in that sport, sign a professional sport contract or otherwise jeopardize their amateureligibility status.
12.2.4.3 Negotiations. An individual may request information about professional market value without affecting their amateureligibility status. Further, the individual, their relatives or legal guardians, the institution's professional sports counseling panel or head coach may enter into negotiations with a professional sports organization without the loss of the individual's amateureligibility status. An individual who retains an agent in order to secure a professional sports opportunity shall lose amateureligibility status.
[12.2.5 unchanged.]
[12.3 unchanged.]
12.4 Employment.
12.4.1 Criteria Governing Compensation to Student-Athletes. All compensation received by a student-athlete must be consistent with the limitations on financial aid set forth in Bylaw 15. Compensation may be paid to a student-athlete: [R]
[12.4.1-(a) through 12.4.1-(b) unchanged.]
(c) In instances where the student-athlete does not have a contract or agreement (oral or written) for name, image and likeness activities, Aan employer shall not use the athletics reputation of a student-athlete employee to promote the sale of the employer's product or services.
[12.4.2 unchanged.]
12.5 Promotional Activities.
12.5.1 Permissible.
12.5.1.1 Institutional, Charitable, Educational or Nonprofit Promotions. A member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a noninstitutional charitable, educational, nonprofit or government agency (e.g., the armed services) may use a student-athlete's name, picture or appearance to support its charitable or educational activities or to support activities considered incidental to the student-athlete's participation in intercollegiate athletics, provided the following conditions are met:
(a) The specific activity or project in which the student-athlete participates does not involve cosponsorship, advertisement or promotion by a commercial agency except as follows:
(1) Identification (e.g., graphics, voice over, on-screen test) of the commercial entity must explain the commercial entity's affiliation with the permissible entity (e.g., entity is the official sponsor of the institution/event);
(2) The appearance or description of the commercial product(s)/service(s) and/or the commercial entity's logo(s) may be included, but may not exceed 25 percent of the total promotional activity. Further, language or action included in the promotion may not directly encourage the use or purchase of the commercial product or service (e.g., "drink this product") with which the commercial entity is associated;
(3) An advertisement on an institution's wallet-size playing schedule that includes the name or picture of a student-athlete may include language other than the commercial product's name, trademark or logo, provided the commercial language does not appear on the same page as the picture of the student-athlete;
(b) The student-athlete does not miss class;
(c) The student-athlete may accept actual and necessary expenses from the member institution, member conference or the charitable, educational, nonprofit or government agency related to participation in such activity;
(d) The student-athlete's name, picture or appearance is not used to promote the commercial ventures of any nonprofit agency;
(e) Any commercial items with names or pictures of student-athletes (other than items specified per Bylaws 12.5.1.6 and 12.5.1.7) may be sold only by the member institution, member conference or NCAA, through outlets controlled by the member institution, member conference or the NCAA or outlets controlled by the charitable or educational organization (e.g., location of the charitable or educational organization, site of charitable event during the event);
(f) The student-athlete signs a release statement authorizing the use of their name, image or appearance in a manner consistent with the requirements of this section; and
(g) The institution provides educational material(s) to a representative of the charitable, educational, nonprofit or government agency regarding restrictions on the use of a student-athlete's name, image or appearance.
12.5.1.1.1 Exception - Promotional Activities Not Sponsored or Organized by a Member Institution's Athletics Department or Member Conference. The promotional activity conditions apply to activities sponsored or organized by an institution's athletics department or a conference office. Promotional activities in which a student-athlete participates independent of their status as a student-athlete (e.g., institutional community service requirement) are not subject to the legislation.
12.5.1.1.2 Signed Prospective Student-Athlete's Participation in Institutional Fundraisers or Promotional Activities. A prospective student-athlete may participate in institutional fundraisers or promotional activities prior to their initial collegiate enrollment, provided the prospective student-athlete has graduated from high school and has signed a National Letter of Intent or a written offer of admission and/or financial aid or the institution has received their financial deposit in response to its offer of admission.
12.5.1.1.3 Promotions Involving NCAA Championships, Events, Activities or Programs. The NCAA [or a third party acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] may use the name or picture of an enrolled student-athlete to generally promote NCAA championships or other NCAA events, activities or programs.
12.5.1.1.4 Promotions Involving Commercial Locations/Sponsors. A member institution or a charitable, educational, nonprofit or government agency may use the appearance, name or picture of an enrolled student-athlete to promote generally its fundraising activities at the location of a commercial establishment, provided the commercial establishment is not a cosponsor of the event and the student-athlete does not promote the sale of a commercial product in conjunction with the fundraising activity. A commercial establishment would become a cosponsor, if the commercial establishment either advertises the presence of the student-athlete at the commercial location or is involved directly or indirectly in promoting the activity.
12.5.1.1.5 Distribution of Institutional Noncommercial Items through Commercial Outlets. A member institution may distribute noncommercial items (items not for sale) at commercial establishments, provided the institution generally distributes such items to other commercial establishments in the community and the distribution of the items does not require the recipient to make a purchase at the commercial establishment.
12.5.1.1.5.1 Exception -- Olympic, Paralympic or National Team. A national governing body may sell player/trading cards that bear the name or picture of a student-athlete who is a member of the Olympic, Paralympic or national team in that sport, provided all of the funds generated through the sale of such cards are deposited directly with the applicable Olympic, Paralympic or national team.
12.5.1.1.6 Player/Trading Cards. A member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a noninstitutional charitable, educational, nonprofit or government agency may distribute but may not sell player/trading cards that bear a student-athlete’s name or picture.
12.5.1.1.7 Effect of Violations. The following violations of Bylaw 12.5.1.1 shall be considered institutional violations per Bylaw 7.01.7; however, the student-athlete's eligibility shall not be affected:
(a) An institution, without the student-athlete's knowledge or consent, uses or permits the use of the student-athlete's name or picture in a manner contrary to Bylaw 12.5.1.1;
(b) A student-athlete participates in an impermissible institutional promotional activity and receives not more than actual and necessary expenses;
(c) A violation in which the only condition of the legislation not satisfied is the requirement that the student-athlete sign a release statement and the institution provide educational material(s) to an authorized representative of the charitable, educational or nonprofit agency, provided the release statement would have been signed if such a request had been made.
12.5.1.2 Modeling and Other Nonathletically Related Promotional Activities. An individual may accept remuneration for or permit the use of their name or picture to advertise or promote the sale or use of a commercial product or service without jeopardizing their eligibility to participate in intercollegiate athletics only if all of the following conditions apply:
(a) The individual became involved in such activities for reasons independent of athletics ability;
(b) No reference is made in these activities to the individual's involvement in intercollegiate athletics;
(c) The individual's remuneration under such circumstances is at a rate commensurate with the individual's skills and experience as a model or performer and is not based in any way on the individual's athletics ability or reputation.
12.5.1.3 Congratulatory Advertisement. It is permissible for a student-athlete's name or picture, or the group picture of an institution's athletics squad, to appear in an advertisement of a particular business, commercial product or service, provided:
(a) The primary purpose of the advertisement is to publicize the sponsor's congratulations to the student-athlete or team;
(b) The advertisement does not include a reproduction of the product with which the business is associated or any other item or description identifying the business or service other than its name or trademark;
(c) There is no indication in the makeup or wording of the advertisement that the squad members, individually or collectively, or the institution endorses the product or service of the advertiser;
(d) The student-athlete has not signed a consent or release granting permission to use the student-athlete's name or picture in a manner inconsistent with the requirements of this section; and
(e) If the student-athlete has received a prize from a commercial sponsor in conjunction with participation in a member institution's promotional activities and the advertisement involves the announcement of receipt of the prize, the receipt of the prize is consistent with the provisions of Bylaw 12.5.2.3.3.
12.5.1.4 Educational Products Related to Sport-Skill Instruction. It is permissible for a student-athlete's name or picture to appear in books, articles and other publications, films, videotapes, and other types of electronic reproduction related to sport-skill demonstration, analysis or instruction, provided:
(a) Such print and electronic media productions are for educational purposes;
(b) There is no indication that the student-athlete expressly or implicitly endorses a commercial product or service;
(c) The student-athlete does not receive remuneration for such participation; however, the student-athlete may receive actual and necessary expenses related to their participation;
(d) The student-athlete does not miss class time to participate in the activity; and
(e) The student-athlete has signed a release statement ensuring that the student-athlete’s name or image is used in a manner consistent with the requirements of this section and a copy of the statement is kept on file and shall be available for examination on request by an authorized representative of the NCAA.
12.5.1.5 Camps.
12.5.1.5.1 Institutionally Sponsored Camps. A member institution's camp may use the name or picture of any student-athlete employed as a counselor or any student-athlete from the member institution to publicize or promote the camp, including the use of the student-athlete's name or picture in camp brochures or other advertising. [D]
12.5.1.5.2 Privately Owned Camps. A privately owned camp may use the name or picture of any student-athlete employed as a counselor to publicize or promote the camp, including the use of the student-athlete's name or picture in camp brochures or other advertising. [D]
12.5.1.6 Promotion by Third Party of Highlight Film, Videotape, Media Guide or Photographs. Any party other than the institution or a student-athlete (e.g., a distribution company) or any party hired by the institution, conference or NCAA may sell and distribute an institutional highlight film or videotape or an institutional or conference highlight film, videotape or media guide that contains the names and pictures of enrolled student-athletes or a picture of a student-athlete only if:
(a) The institution, conference or NCAA specifically designates any agency that is authorized to receive orders for the film, videotape, media guide or photograph;
(b) The distribution company, retail store or a third party is precluded from using the name or picture of an enrolled student-athlete in any poster or other advertisement to promote the sale or distribution of the film, videotape, media guide or photograph; and
(c) There is no indication in the makeup or wording of the advertisement that the squad members, individually or collectively, or the institution, conference or NCAA endorses the product or services of the advertiser or third party.
12.5.1.7 Promotion of NCAA and Conference Championships. The NCAA [or third party acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] may use the name or picture of a student-athlete to generally promote NCAA championships. A student-athlete's name or picture may appear in a poster that promotes a conference championship, provided the poster is produced by a member institution that hosts a portion of the championship or by the conference.
12.5.1.8 Olympic, Paralympic, Pan American, Parapan American, World Championships, World Cup, World University Games (Universiade) and World University Championships. A student-athlete's name or picture may be used to promote Olympic, Paralympic, Pan American, Parapan American, World Championships, World Cup, World University Games (Universiade) or World University Championships as specified in this section.
12.5.1.8.1 Sale and Distribution of Promotional Items. Promotional items (e.g., posters, postcards, film, videotapes) bearing the name or picture of a student-athlete and related to these events may be sold or distributed by the national or international sports governing body sponsoring these events or its designated third-party distributors. It is not permissible for such organizations to sell player/trading cards that bear a student-athlete's name or picture. Promotional items may include a corporate sponsor's trademark or logo but not a reproduction of the product with which the business is associated. The name or picture of the student-athlete may not be used by the distribution company or retail store on any advertisement to promote the sale or distribution of the commercial item.
12.5.1.8.1.1 Corporate Sponsors. A corporate sponsor may sell a promotional item related to these events that uses the name or picture of a team but not an individual student-athlete.
12.5.2 Nonpermissible.
12.5.2.1 Advertisements and Promotions Following Enrollment. After becoming a student-athlete, an individual shall not be eligible for participation in intercollegiate athletics, if the individual:
(a) Accepts any remuneration for or permits the use of their name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind; or
(b) Receives remuneration for endorsing a commercial product or service through the individual's use of such product or service.
12.5.2.1.1 Exceptions. The individual's eligibility will not be affected, provided the individual:
(a) Meets the conditions set forth in Bylaw 12.5.1.2; or
(b) Takes appropriate steps upon becoming a student-athlete to retract permission for the use of their name or picture and ceases receipt of any remuneration for such an arrangement.
12.5.2.1.2 Improper Use of Student-Athlete's Name or Picture. If an institution, without the student-athlete's knowledge or consent, uses or permits the use of the student-athlete's name or picture in a manner contrary to Bylaw 12.5.2.1, the violation shall be considered an institutional violation; however, the student-athlete's eligibility shall not be affected.
12.5.2.2 Use of a Student-Athlete's Name or Picture Without Knowledge or Permission. If a student-athlete's name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters, photographs) or is used to promote a commercial product sold by an individual or agency without the student-athlete's knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain their eligibility for intercollegiate athletics. Such steps are not required in cases in which a student-athlete's photograph is sold by an individual or agency (e.g., private photographer, news agency) for private use.
12.5.2.3 Specifically Restricted Activities. A student-athlete's involvement in promotional activities specified in this section is prohibited.
12.5.2.3.1 Name-the-Player Contest. A student-athlete may not permit use of their name or picture in a "name-the-player" contest conducted by a commercial business for the purpose of promoting that business.
12.5.2.3.2 Athletics Equipment Advertisement. A student-athlete's name or picture may not be used by an athletics equipment company or manufacturer to publicize the fact that the institution's team uses its equipment.
12.5.2.3.3 Promotional Contests. Receipt of a prize for winning an institutional or noninstitutional promotional activity (e.g., making a half-court basketball shot, being involved in a money scramble) by a prospective or enrolled student-athlete (or a member of their family) does not affect their eligibility, provided the prize is won through a random drawing in which all members of the general public or the student body are eligible to participate.
12.5.3 Media Activities. A student-athlete may participate in media activities (e.g., appearance on radio, television, in films or stage productions or participation in writing projects) when such an appearance or participation is related in any way to athletics ability or prestige provided:
(a) The student-athlete is eligible academically to represent the institution at the time of appearance or participation;
(b) The student-athlete does not receive any remuneration for the appearance or participation in the activity;
(c) The student-athlete does not make any endorsement, expressed or implied, of any commercial product or service. The institution or the entity sponsoring the activity may pay the actual and necessary expenses directly related to the appearance or participation by the student-athlete in the activity; and
(d) The student-athlete does not miss class to participate in the activity, except for class time missed in conjunction with away-from-home competition or to participate in NCAA or conference-sponsored media activity.
12.5.3.1 Writing Activities for a Commercial Entity. It is permissible for a student-athlete to write a column in a newsletter produced by a commercial company provided the individual meets the conditions set forth in Bylaw 12.5.1.2.
12.5.4 Use of Logos on Equipment, Uniforms and Apparel. A student-athlete may use athletics equipment or wear athletics apparel that bears the trademark or logo of an athletics equipment or apparel manufacturer or distributor in athletics competition and pre- and postgame activities (e.g., celebrations on the court, pre- or postgame press conferences), provided the applicable sports playing rules are satisfied and the following criteria are met. [D]
(a) Athletics equipment (e.g., shoes, helmets, baseball bats and gloves, batting or golf gloves, hockey and lacrosse sticks, goggles and skis) shall bear only the manufacturer's normal label or trademark, as it is used on all such items for sale to the general public; and
(b) The student-athlete's institution's official uniform (including numbered racing bibs and warm-ups) and all other items of apparel (e.g., socks, head bands, T-shirts, wrist bands, visors or hats, swim caps and towels) shall bear only a single manufacturer's or distributor's normal label or trademark (regardless of the visibility of the label or trademark), not to exceed 2 1/4 square inches in area (i.e., rectangle, square, parallelogram) including any additional material (e.g., patch) surrounding the normal trademark or logo.
12.5.4.1 Laundry Label. If an institution's uniform or any item of apparel worn by a student-athlete in competition contains washing instructions on the outside of the apparel on a patch that also includes the manufacturer's or distributor's logo or trademark, the entire patch must be contained within a four-sided geometrical figure (i.e., rectangle, square, parallelogram) that does not exceed 2 1/4 square inches. [D]
12.5.4.2 Pre- or Postgame Activities. The restriction on the size of a manufacturer's or distributor's logo is applicable to all apparel worn by student-athletes during the conduct of the institution's competition, which includes any pre- or postgame activities (e.g., postgame celebrations on the court, pre- or postgame press conferences) involving student-athletes. [D]
12.5.4.3 Outside Team Uniforms and Apparel. The provisions of Bylaw 12.5.4-(b) do not apply to the official uniforms and apparel worn by outside teams.
12.5.4.4 Title-Sponsor Recognition. Racing bibs and similar competition identification materials (e.g., bowl-game patches) worn by participants may include the name of the corporate sponsor of the competition, provided the involved commercial company is the sole title sponsor of the competition. [D]
[12.6 renumbered as 12.5, unchanged.]
B. Bylaws: Amend 15.2, as follows:
15.2 Permissible Sources of Financial Aid.
[15.2.1 through 15.2.2 unchanged.]
15.2.3 Employment. Earnings from a student-athlete's on- or off-campus employment that occurs at any time is exempt and is not included when determining a student-athlete's full grant-in-aid or the institution's financial aid limitations, provided:
[15.2.3-(a) through 15.2.3-(b) unchanged.]
(c) In instances where the student-athlete does not have a contract or agreement (oral or written) for name, image and likeness activities, Tthe employer shall not use the athletics reputation of a student-athlete employee to promote the sale of the employer's products or services. (See Bylaw 12.4.)
Co-sponsorship - Conference:
None
Co-sponsorship - Institution:
None
Position Statement(s):
None
Review History:
Additional Information:
Aligning the legislation with the NCAA Interim Name, Image and Likeness (NIL) Policy and removing any legislation that directly conflicts with it will better assist the membership with managing the NIL environment. In addition, codifying the NCAA Interim NIL Policy will provide ease of reference to the membership when analyzing NIL issues.
Convention Vote:
No Convention Record
Legislative References