LSDBi
Division I Proposal - 2024-3
NAME, IMAGE AND LIKENESS ACTIVITIES -- ROLE OF INSTITUTIONS
Status: Adopted Final
Intent: To establish regulations for permissible institutional support associated with name, image and likeness activities, as specified.
Bylaws: Amend 22, as follows:
22 Name, Image and Likeness Activities
22.1 Role of Institutions in Student-Athlete Name, Image and Likeness Activities.
22.1.1 Institutional Involvement in Student-Athlete Name, Image and Likeness Opportunities. An institution may provide assistance and services (e.g., identify specific name, image and likeness opportunities, facilitate deals between student-athletes and third parties) to a student-athlete pursuing name, image and likeness opportunities, provided:
(a) The student-athlete does not receive compensation from the institution for use of the student- athlete’s name, image or likeness (e.g., indirect or direct payment from the institution for use of name, image or likeness);
(b) The student-athlete maintains independent authority over the name, image and likeness agreement (e.g., student-athlete determines specific terms, has final decision in accepting or rejecting name, image and likeness agreements); and
(c) The student-athlete is not required to accept institutional assistance or services (e.g., assistance and services are optional, outside representation may be used).
22.1.1.1 Third-Party Service Providers. An institution may contract with third-party service providers (e.g., multimedia rights holder, attorney, tax service, name, image and likeness marketplace) to provide a student-athlete the same support an institution is permitted to provide to a student-athlete.
Source: NCAA Division I Council
Effective Date:Immediate
Proposal Category: Amendment
Topical Area: Name, Image and Likeness Activities
Rationale: To effectively protect student-athletes and meaningfully regulate name, image and likeness activities, new solutions, including legislation directly addressing name, image and likeness activities, are required. Student-athletes have been consistent in advocating for additional institutional assistance for name, image and likeness activities. Institutions do not need Association-wide regulation to know the best ways to support their student-athletes with obtaining name, image and likeness opportunities, including whether to contract with third-party providers, so long as student-athletes are given independent authority over the terms of their agreements and are not indirectly or directly compensated by the institution. Providing institutions with discretion to determine the type of assistance they provide student-athletes allows institutions to make local decisions that best fit their circumstances and the needs and desires of their student-athletes. Although this proposal permits institutions to contract with third-party service providers to provide student-athletes the same support an institution is permitted to provide, the proposal does not permit institutions to contract with third parties to do what institutions are not permitted to do (e.g., provide indirect or direct compensation for use of NIL). If the updated recommendations from the NCAA Division I Council Working Group on Name, Image and Likeness regarding the disclosure program are adopted, institutions may only provide such institutional assistance and services to student-athletes who disclose name, image and likeness activities pursuant to Bylaw 22.
Division I Commitment addressed by proposal: The Commitment to Student-Athlete Well-Being.
Is the proposal consequential or nationally significant?: Yes. Allowing additional institutional involvement related to name, image and likeness is nationally significant.
Is the proposal enforceable and how do the merits outweigh monitoring burdens?: Yes. This proposal decentralizes regulation surrounding institutional support of student-athlete name, image and likeness opportunities.
How does the proposal support student-athlete success/well-being?: This proposal prioritizes institutional decision-making in the level of support provided to student-athletes.
Estimated Budget Impact: Varies based on institutional decision-making on the level of assistance and services provided to student-athletes.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
History
| Jan 10, 2024: | In Progress | |
| Apr 18, 2024: | Adopted by Council | The Council amended the proposal to only address the role of institution elements originally proposed in January. The proposal, as amended, was adopted as expedited legislation. |
| Apr 18, 2024: | Adopted Final | |
| Apr 22, 2024: | Ratified by Board |
Legislative References
| Division | Number | Title |
|---|---|---|
| I | 22 | Name, Image and Likeness Activities |
| I | 22.1 | Role of Institutions in Student-Athlete Name, Image and Likeness Activities. |
| I | 22.1.1 | Institutional Involvement in Student-Athlete Name, Image and Likeness Opportunities. |
| I | 22.1.1.1 | Third-Party Service Providers. |