NCAA LSDBi

Division I Proposal - ER-2025-8

IMPLEMENTATION OF HOUSE V. NCAA SETTLEMENT -- DIRECT PAYMENTS, REPORTING REQUIREMENTS AND ENFORCEMENT AUTHORITY

Status: Adopted Final

A.    Bylaws: Amend 16, as follows:

16.13 Settlement Related Benefits and Expenses.

16.13.1 Benefits Cap Compliance. An institution may provide direct payments, benefits and expenses to a student-athlete as specified in this section, provided the aggregate value provided by (or on behalf of) the institution does not exceed the value of the applicable period’s benefits cap and the written agreement does not provide for payments to a third party on a student-athlete’s behalf. The annual period for application of the benefits cap is July 1 through June 30. Applicable payments, benefits and expenses must be reported to the designated benefits cap management entity. Additional benefits pool compliance regulations shall be developed, maintained and published as policies and procedures. Unless otherwise noted in this section, awards, benefits and expenses provided that were permissible as of October 7, 2024, do not count toward the benefits cap and may continue to be provided.

[16.13.1.1 through 16.13.1.2 unchanged.]

16.13.1.3 Miscellaneous Payments and Benefits. The provision of other direct payments or benefits by an institution to a student-athlete or the student-athlete’s family that were not permitted under NCAA legislation or interpretation as of October 7, 2024, shall be counted against the benefits cap unless exempted by NCAA legislation or interpretation. This requirement includes payments in which an institutional designee or contractor (e.g., multimedia rights holder) acts as an agent, facilitator, and/or administrator for an institution whereby payments are made to a student-athlete that originate from or are paid by the institution.

[16.13.1.4 through 16.13.1.7 unchanged.]

[16.13.2 through 16.13.3 unchanged.]

B.    Bylaws: Amend 22, as follows:

22 Name, Image and Likeness Activities

[22.01 through 22.02 unchanged.]

22.1 Student-Athlete Name, Image and Likeness Activities.

22.1.1 Institutional Involvement in Student-Athlete Name, Image and Likeness Activities. An institution or an entity owned, controlled, funded or operated by the institution may:

(a) Enter into a written license and/or endorsement agreement for the use of a student-athlete’s name, image or likeness, or other rights, other than a license or agreement that authorizes payment for the right to use a student-athlete’s name, image or likeness for a broadcast of collegiate athletic games or competitive athletic events, for a period not to exceed the student-athlete’s period of eligibility (see Bylaw 12.6) ), provided the agreement does not provide for payments to a third party on the student-athlete’s behalf. However, if an institution and a student-athlete agree to the institution’s use of the student-athlete’s name, image or likeness to promote its academic or athletics program in content created while the student-athlete is enrolled, the institution may, pursuant to the agreement, continue the use of such content after the student-athlete’s eligibility has expired; and

[22.1.1-(b) unchanged.]

[22.1.1.1 through 22.1.1.2 unchanged.]

[22.1.2 through 22.1.3 unchanged.]

22.2 Reporting and Clearinghouse Review of Name, Image and Likeness Activities.

[22.2.1 unchanged.]

22.2.2 Reporting of Noninstitutional Name, Image and Likeness Activities. A student-athlete (including a student-athlete who attends an institution that is not a member of a defendant conference in the House settlement or does not provide additional benefits contemplated by the settlement) shall report all noninstitutional name, image and likeness contracts or payment terms, including those involving associated entities or individuals, with a total value of $600 or more to the designated name, image and likeness clearinghouse for review. If an individual enters into multiple agreements or receives multiple payments from the same or substantially the same third party, including any affiliates or parties with common ownership, such activities must be reported if the aggregate value is $600 or more during the student-athlete’s period of eligibility.

[22.2.2.1 through 22.2.2.3 unchanged.]

22.2.2.4 Student-Athlete Responsibility. A student-athlete shall be responsible for the accurate submission of noninstitutional name, image and likeness contract or payment terms, including and subject to any enforcement action resulting from the submission of a noninstitutional contract or payment terms of a name, image and likeness agreement involving an associated entity or individual that does not meet the standard of review specified in Bylaw 22.2.4, regardless of whether the student-athlete attends an institution that is a member of a defendant conference in the House settlement or provides additional benefits contemplated by the settlement.

[22.2.3 unchanged.]

22.2.4 Name, Image and Likeness Clearinghouse Review -- Agreements With Associated Entities or Individuals. The name, image and likeness clearinghouse shall review all reported noninstitutional name, image and likeness contracts or payment terms submitted by student-athletes once all reporting requirements have been met (see Bylaw 22.2.2) to determine whether an associated entity or individual, including a noninstitutional payor, is involved. If an associated entity or individual is involved, the NIL clearinghouse shall determine whether the contract or payment terms are for a valid business purpose related to the promotion or endorsement of goods or services provided to the general public for profit, with compensation at rates and terms commensurate with compensation paid to similarly situated individuals with comparable name, image and likeness value who are not prospective student-athletes or student-athletes of the institution.

[22.2.4.1 unchanged.]

22.2.4.2 Options Regarding Impermissible Terms -- After Execution or Payment. If the contract or payment terms of a name, image and likeness agreement do not meet the standard of review and the agreement has been executed or student-athlete has received payment, the following actions may be taken:

[22.2.4.2-(a) through 22.2.4.2-(b) unchanged.]

(c) The student-athlete may return the impermissible amount of payment received pursuant to the impermissible agreement.

[22.3 through 22.4 unchanged.]

C.    Bylaws: Amend 23, as follows:

23 Designated Enforcement Entity and Neutral Arbitration Process

23.01 General Principle.

23.01.1 Enforcement Authority. An member institution that is a member of a defendant conference in the House settlement or an institution that provides additional benefits contemplated by the settlement agrees that is subject to the authority of the designated enforcement entity has the authority to investigate and prescribe penalties for an alleged violation of an the applicable NCAA bylaws developed as a part of the House settlement, pursuant to the standards and procedures set forth in this bylaw and any applicable internal operating procedures.  In addition, a student-athlete who is required to report noninstitutional name, image and likeness contracts or payment terms to the designated clearinghouse is subject to the authority of the designated enforcement entity regarding such reporting.

23.02 Definitions and Applications.

23.02.1 Designated Enforcement Entity. The designated enforcement entity is the entity responsible for interpretation and enforcement of NCAA bylaws adopted based on the House settlement (roster limits, provision of additional benefits, payments and expenses and noninstitutional name, image and likeness agreements) including investigating alleged violations, prescribing penalties for violation determinations, and serving as the party seeking enforcement of any penalties contested through neutral arbitration.

[23.02.2 through 23.02.3 unchanged.]

[23.1 through 23.3 unchanged.]

Source: NCAA Staff

Effective Date:Immediate

Proposal Category: Editorial

Topical Area: Awards, Benefits and Expenses

History

Aug 5, 2025: Adopted Final

Legislative References

Division Number Title
I 16.13 Settlement Related Benefits and Expenses.
I 16.13.1 Benefits Cap Compliance.
I 16.13.1.3 Miscellaneous Payments and Benefits.
I 22 Name, Image and Likeness Activities
I 22.1 Student-Athlete Name, Image and Likeness Activities.
I 22.1.1 Institutional Involvement in Student-Athlete Name, Image and Likeness Activities.
I 22.2 Reporting and Clearinghouse Review of Name, Image and Likeness Activities.
I 22.2.2 Reporting of Noninstitutional Name, Image and Likeness Activities.
I 22.2.2.4 Student-Athlete Responsibility.
I 22.2.4 Name, Image and Likeness Clearinghouse Review -- Agreements With Associated Entities or Individuals.
I 22.2.4.2 Options Regarding Impermissible Terms -- After Execution or Payment.
I 23 Designated Enforcement Entity and Neutral Arbitration Process
I 23.01 General Principle.
I 23.01.1 Enforcement Authority.
I 23.02 Definitions and Applications.
I 23.02.1 Designated Enforcement Entity.
References