NCAA LSDBi

Division I Proposal - 2024-4

NAME, IMAGE AND LIKENESS ACTIVITIES -- DISCLOSURE OF NAME, IMAGE AND LIKENESS ACTIVITIES

Status: Adopted Final

Intent: To specify that a student-athlete who discloses name, image and likeness activities may receive institutional assistance and services, as specified.

Bylaws: Amend 22, as follows:

22 Name, Image and Likeness Activities

22.2 Disclosure of Name, Image and Likeness.

22.2.1 Disclosure of Name, Image and Likeness Activities. An institution must provide a student-athlete an opportunity to disclose name, image and likeness activities to the institution consistent with the provisions of Bylaw 22.2.

22.2.1.1 Receipt of Institutional Assistance and Services. An institution may provide assistance and services to a student-athlete who elects to disclose name, image and likeness activities consistent with institutional policies and procedures. A student-athlete who elects not to disclose name, image and likeness activities shall not receive such institutional assistance and services.

22.2.1.2 Name, Image and Likeness Attestation. An individual’s disclosure of name, image and likeness activities must include attestation that: A student-athlete who elects to disclose name, image and likeness activities must attest that:

(a) All disclosed information is and will be complete and accurate;

(b) The disclosed activity is disclosed activities are and will be consistent with institutional and conference policy, NCAA rules and any applicable state or federal law;

(c) Pay or promise of pay related to disclosed activity is the disclosed activities are not and will not be a substitute for payment for athletics participation or achievement or an inducement to enroll or remain enrolled at a specific institution; and

(d) Acknowledgement that failure to disclose or fraudulent disclosure may constitute impermissible unethical conduct (see Bylaw 10.1).

22.2.2 Institutional Policies. An institution shall establish policies for student-athlete disclosure of name, image and likeness activities consistent with Bylaw 22.2 and its subsections.

22.2.3 Name, Image and Likeness Disclosure. A student-athlete must disclose a name, image and likeness agreements to the institution no later than 30 days after entering or signing the agreement. A prospective student-athlete must disclose current and expired name, image and likeness agreements no later than 30 days after enrollment in the institution. After 30 days, an institution shall not permit the student-athlete to participate in athletically related activities until the disclosure requirement is satisfied. A student-athlete who elects to disclose name, image and likeness activities must provide such disclosures not later than 30 days after entering into or signing an agreement. Upon initial enrollment at the certifying institution, a student-athlete who elects to disclose name, image and likeness activities must provide the institution all current and expired name, image and likeness activities not later than 30 days after enrollment.

22.2.3.1 Required Elements of Name, Image and Likeness Disclosure. Disclosure of an individual’s a student-athlete’s name, image and likeness activities shall include the following:

(a) Names and contact information of individuals involved in the activity, including a description of the nature of the relationship between such individuals;

(b) Terms of the arrangement, including a description of services rendered, rights granted, term duration, compensation and payment structure (e.g., cash, barter, deferred);

(c) Names and contact information of professional service providers involved in the arranging, negotiating, or securing the disclosed activity, including a description of the nature of the relationship between the service provider and individuals involved in the activity; and

(d) Terms of compensation between the professional service provider and the student-athlete (e.g., agent contingency fee).

22.2.3.2 Reasonable Time to Cure Failure to Disclose. If an institution discovers that a student- athlete who elected to disclose name, image and likeness activities failed to meet the requirements of Bylaw 22.2.3 and its subsections, the institution may provide the student-athlete a reasonable amount of time to disclose the name, image and likeness activity.

22.2.3.3 Limited Disclosure. Unless otherwise noted, an individual a student-athlete shall not be required to disclose name, image and likeness activities valued at less than $600. An individual A student-athlete must disclose name, image and likeness activities involving the same (or substantially the same) parties if the aggregate value of the activities is equal to or greater than $600.

22.2.3.4 Effect of Violation. As it relates to compliance with institutional policies consistent with Bylaw 22.2 or its subsections, an institution shall only be held accountable through the NCAA infractions process for actions that clearly demonstrate a disregard for its stated policies.

22.2.3.5 Reporting of Disclosed Information. Aggregated information related to name, image and likeness activities disclosed to an institution shall be reported to the NCAA national office on a biannual basis. An institution shall make disclosed information available for examination on request by an NCAA staff member or an authorized representative of the NCAA.

22.2.3.5.1 Publication of Aggregate Name, Image and Likeness Data. The NCAA national office shall make available an aggregated database of disclosed name, image and likeness information.

Source: NCAA Division I Council

Effective Date:August 1, 2024

Proposal Category: Amendment

Topical Area: Name, Image and Likeness Activities

Rationale: The Board of Directors requested that the NCAA Division I Council Working Group on Name, Image and Likeness develop recommendations to incentivize student-athletes to disclose name, image and likeness activities to replace disclosure requirements that impact a student-athlete's eligibility. Only those student-athletes who disclose name, image and likeness activities are permitted to receive permissible name, image and likeness assistance and services from the institution.

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

Is the proposal consequential or nationally significant?: Yes. The disclosure of student-athlete name, image and likeness activities is nationally significant.

Is the proposal enforceable and how do the merits outweigh monitoring burdens?: Yes. This proposal incentivizes disclosure and provides institution's ability to craft institutional policies and procedures to ensure appropriate monitoring of name, image and likeness activities.

How does the proposal support student-athlete success/well-being?: Disclosure of name, image and likeness activities promotes clarity to student-athletes through increased transparency. The opportunity to receive permissible institutional assistance and services incentivizes disclosure, as opposed to establishing a national requirement that would impact student-athlete eligibility.

Estimated Budget Impact: None.

Impact on Student-Athlete's Time (Academic and/or Athletics): None.

History

Apr 18, 2024: Adopted by Council Adopted as emergency legislation.
Apr 18, 2024: Adopted Final
Apr 22, 2024: Ratified by Board

Legislative References

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