Woman college soccer player signs NIL contract
Article

Navigating the NCAA’s interim NIL policy and state regulations

Authored by Katlyn Andrews, CIA

NCAA’s interim NIL policy

Effective July 1, 2021, all three divisions of the National Collegiate Athletic Association (NCAA) adopted an interim policy suspending preexisting name, image, and likeness (NIL) rules. While the NCAA continues to work with Congress to develop a more permanent solution that provides uniformity on a national level, all collegiate athletes are now able to profit from their name, image and likeness, regardless of whether legislation has been signed or has taken effect at the state level.

Subject to state law, the NCAA’s interim policy prohibits compensation:

  • For work not performed (i.e. agreements without quid pro quo)
  • Contingent upon enrollment at a particular institution
  • For athletic participation or achievement (i.e., pay-for-play)
  • From the institution in exchange for the use of a student athlete’s name, image or likeness

When developing institutional policies that govern NIL, colleges and universities should be aware of state laws currently in effect as well as pending or proposed legislation.

Student athletes are subject to the rules of the state in which their school is located. Prospective student athletes should be familiar with the rules that apply where they plan to compete in college.

We will continue to update this article as states release new regulations.

House Bill (HB) 82, Alabama’s NIL bill, was signed into law by Governor Kay Ivey on April 20, 2021 and took effect on July 1, 2021.

Alabama postsecondary educational institutions authority are prohibited from:

  • Preventing any student participating in intercollegiate athletics from earning compensation as a result of the use of the student’s NIL
  • Preventing a student athlete from obtaining professional representation relating to the student’s participation in intercollegiate athletics
    - Note: professional representation obtained by a student athlete must be licensed by the state of Alabama
  • Providing prospective student athletes with compensation in relation to their NIL
  • Revoking a student athlete’s scholarship as a result of earning NIL-related compensation or obtaining legal representation

Institutions must establish an athlete injury and wage fund, divided into a health savings account (HSA) and an athlete wage account that is funded by 15% of the revenue from athletic event ticket sales.

  • At the conclusion of each academic year, the institutions must divide its athlete wage account equally amongst the student athletes who attended the institution that academic year
  • The athlete injury health savings account will provide a student athlete who suffers a career-ending or long-term injury during a game or team practice with compensation, as determined by the Department of Education (ED), upon his or her graduation. An independent healthcare provider not affiliated with the institution must verify the qualifying injury.

Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of their team’s contract. A team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.

Access HB 82 here.

The Arkansas Student Athlete Publicity Rights Act, originally House Bill (HB) 1671 was signed into law by Governor Asa Hutchinson on April 21, 2021 and allows student athletes to receive compensation for the commercial use of their publicity rights effective Jan. 1, 2022.

Institutions of higher education in Arkansas are prohibited from:

  • Upholding a rule that prevents a student athlete from earning compensation through the use of their publicity rights
  • Preventing or penalizing a student athlete for obtaining professional representations in connection with an opportunity to earn compensation for the commercial use of the athlete’s publicity rights
    - Note: an agent, athlete agent, financial advisor or attorney who is providing professional representation of a student athlete must be licensed in the state of Arkansas

A student athlete participating in varsity intercollegiate athletics is prohibited from earning compensation as a result of the commercial use of the student athlete’s publicity rights in connection with any person or entity related to or associated with the development, promotion, production, distribution or retailing of: 

  • Adult entertainment, sexually suggestive products or sex-oriented products, services, conduct, imagery or inferences
  • Alcohol products
  • Casino and gambling
  • Tobacco, marijuana or electronic smoking products and devices
  • Pharmaceuticals
  • Any dangerous or controlled substance
  • Drug paraphernalia
  • Weapons, including without limitation firearms and ammunition
  • Any product, substance or method that is prohibited in competition by an athletic association, athletic conference or other organization governing varsity intercollegiate athletic competition

Student athletes are prohibited from entering into a contract for the commercial use of their publicity rights if the contract:

  • Requires the student athlete to endorse, use, solicit, sell, market, advertise, promote, refer to, mention, display or otherwise promote the name, image, logo, product, service, purpose, campaign, business, digital or physical address or location of any third-party licensee or commercial entity during a varsity intercollegiate athletic practice, competition or other activity
  • Conflicts with a term or condition of a contract, policy, rule, regulation or standard of the student athlete’s enrolled institution of higher education
  • Involves the student athlete’s performance or lack of performance in athletic competition

A student athlete may rescind a publicity rights contract without being held liable for breach of contract and with no obligation to return payments received if the student athlete is no longer:

  • Enrolled at an institution of higher education
  • Eligible to engage in any varsity intercollegiate athletics program at an institution of higher education
  • Participating in varsity intercollegiate athletics at an institution of higher education

A student athlete must disclose the existence of the publicity rights contract, including the contract terms, conditions, parties, and compensation amounts to their institution’s appointed official.

This act does not:

  • Allow a student athlete to seek or obtain compensation for any use of the student athlete’s publicity rights in connection with news, public affairs, sports broadcasting or by an institution of higher education to promote its educational, athletic or other institutional objectives
  • Require an institution of higher education to identify, create, facilitate, negotiate or otherwise enable opportunities for a student athlete to earn compensation for use of their publicity rights
  • Authorize a student athlete to use the name, nicknames, trademarks, services marks, landmarks, facilities, trade dress, uniforms, songs, mascots, logos, images, symbols or other intellectual property of an institution of higher education, athletic association, conference or other organization with authority over varsity intercollegiate athletics
  • Limit the right of an institution to establish and enforce academic standards, team rules of conduct, governance standards or disciplinary rules applicable to all students of the institution
  • Authorize any prospective student athlete who may attend an institution of higher education to negotiate or receive compensation for the commercial use of the prospective student athlete’s publicity rights before the student athlete’s enrollment
  • Render student athletes employees of the institution of higher education based on participation in varsity intercollegiate athletic competition

Access HB1671 here.

California became the first state to pass a law permitting student athletes to use their NIL rights for commercial purposes when Governor Gavin Newsom signed Senate Bill (SB) 206 into law on Sept. 30, 2019. The provisions of this law were set to take effect on Jan. 1, 2023 but a new bill has been introduced to move the effective date up to Sept. 1, 2021.

California postsecondary educational institutions, except community colleges, will be prohibited from:

  • Preventing a student athlete from earning compensation as a result of the use of the student’s NIL
  • Providing a prospective intercollegiate student athlete with NIL-related compensation
  • Preventing a student athlete from obtaining professional representation relating to the student’s participation in intercollegiate athletics
    - Note: professional representation obtained by a student athlete must be licensed by the state of California. Agents must comply with the federal Sports Agent Responsibility and Trust Act in their relationships with student athletes
  • Revoking a student’s scholarship as a result of earning compensation or obtaining legal representation

Student athletes must disclose any NIL-related contract to their institution’s designated official and may not enter into contracts that conflict with a provision of their team’s contract. A team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.

Access SB206 here.

House Bill (HB) 6402 was signed into law by Governor Ned Lamont on June 30, 2021. Section 14 of the bill permits student athletes to earn compensation through endorsement contracts or employment in an activity that is unrelated to any intercollegiate athletic program and takes effect on or after Sept. 1, 2021 or the date on which an institution adopts or updates its policy, whichever is earlier.

Connecticut institutions of higher education are prohibited from:

  • Preventing a student athlete from earning compensation from an endorsement contract or employment activity
  • Preventing a student athlete from representation by a duly licensed attorney or sports agent
  • Restricting or revoking a student athlete's scholarship eligibility as a result of their endorsement contract or employment activity
  • Disclosing any record of the compensation received by a student athlete from an endorsement contract or employment activity unless the institution receives the written consent of the student athlete

Connecticut institutions of higher education must adopt one or more policies that include provisions for:

  • Requiring a student athlete to disclose and submit a copy of each endorsement contract, written agreement for employment and representation agreement to the institution
  • Prohibiting a student athlete from entering into an agreement that conflicts with the provisions of any agreement to which the institution of higher education is a party
    - Note: the institution must disclose to the student athlete or their attorney the provisions of the agreement that are in conflict
  • Prohibiting a student athlete from using or consenting to the use of any institutional marks during the performance of the endorsement contract or employment activity
  • Prohibiting a student athlete's performance of the endorsement contract or employment activity from interfering with any official team activities or academic obligations
  • Identifying any prohibited endorsements

Provided they comply with the policy or policies adopted by their institution, student athletes are permitted to:

  • Earn compensation through an endorsement contract or employment in an activity that is unrelated to any intercollegiate athletic program
  • Obtain the legal or professional representation of an attorney or sports agent through a written agreement

The bill does not:

  • Require an institution, athletic association or conference to compensate a student athlete for use of his or her name, image or likeness
  • Require a student athlete or any other person to compensate an institution, athletic association or conference, for a student athlete's endorsement contract or employment activity
  • Qualify any scholarship that a student athlete receives from an institution as compensation
  • Qualify a student athlete as an employee of an institution
  • Require an institution to take any action in violation of the Discrimination Based on Sex and Blindness Act, 20 USC 1681, et seq.
  • Prohibit a student athlete from engaging in an employment activity that entails coaching or performing a sport, provided such activity is not related to any intercollegiate athletic program
  • Prohibit an institution from using a student athlete's name, image or likeness in connection with official team activities

Access HB6402 here.

On June 12, 2020, Florida Governor Ron DeSantis approved Senate Bill (SB) 646 allowing student athletes to earn compensation from the use of her or his name, image and likeness effective July 1, 2021.

Such compensation must:

  • Be commensurate with the market value of the athlete’s name, image or likeness
  • Not be provided in exchange for athletic performance or attendance at a particular institution
  • Be provided by a third-party unaffiliated with the athlete’s postsecondary educational institution

State universities, Florida College System institutions and private colleges and universities are prohibited from:

  • Preventing or unduly restricting an athlete from earning compensation for the use of her or his NIL
  • Affecting the athlete’s grant-in-aid or athletic eligibility as a result of earning such compensation
  • Compensating or causing compensation to be directed to a current or prospective athlete for her or his name, image or likeness
  • Preventing an athlete from obtaining professional representation by an athlete agent or attorney engaged for the purpose of securing compensation for the use of her or his name, image or likeness
    - Note: an athlete agent must be licensed under Florida law. An attorney must be a member in good standing of The Florida Bar

A postsecondary institution must conduct a financial literacy and life skills workshop for a minimum of five hours at the beginning of the intercollegiate athlete’s first and third academic years. The workshop shall, at a minimum, include information concerning:

  • Financial aid
  • Debt management
  • A recommended budget for full and partial grant-in-aid student athletes based on the current academic year’s cost of attendance
  • Time management skills
  • Available academic resources

The workshop may not include any marketing, advertising, referral or solicitation by providers of financial products or services.

Student athletes must disclose any NIL-related contract to their institution’s designated official and may not enter into contracts that conflict with a provision of their team’s contract. A team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.

The duration of a contract for representation or NIL compensation may not extend beyond her or his participation in an athletic program at a postsecondary educational institution.

Access SB 646 here.

Maryland Senate Bill (SB) 439, named the Jordan McNair Safe and Fair Play Act after the University of Maryland football player who died in 2018, requires public institutions to adopt NIL- and health-related policies. Signed into law on May 18, 2021 by Governor Larry Hogan, the health provisions took effect July 1, 2021 while the NIL features are set to take effect on July 1, 2023.

Maryland public institutions are prohibited from:

  • Upholding a rule that prevents a student athlete from earning compensation through the use of their name, image or likeness
  • Reducing, rescinding or otherwise affecting a student athlete’s scholarship because the student athlete earns NIL-related compensation
  • Providing a prospective student athlete with compensation in relation to the student athlete’s NIL
  • Preventing a student athlete from obtaining representation in relation to contracts or legal matters

An athletic program contract of a public institution of higher education may not prevent a student athlete from using the student athlete’s NIL for commercial purpose when the student athlete is not engages in official team activities. The athletic program contract may prohibit a student athlete from engaging in in-person advertising for a third-party sponsor during official and mandatory team activities without prior approval from the institution’s athletic department. 

Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of their athletic program’s contract.

Nothing in this bill permits a student athlete the right to make commercial use of names, trademarks, logos or intellectual property owned or controlled by the institution.

Access Maryland SB 439 – Jordan McNair Safe and Fair Play Act here.

Massachusetts Senate Bill S.2454 was introduced but not signed into law (no further action has been taken after Jan. 5, 2021).

The bill proposed that public and private institutions of higher education, including community colleges, be prohibited from:

  • Upholding a rule that prevents a student athlete from earning compensation through the use of their name, image or likeness
  • Revoking or affecting an athlete’s scholarship as a result of earning compensation from use of the student’s NIL
  • Providing a prospective student athlete with compensation in relation to the student athlete’s NIL
  • Preventing a student athlete participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including but not limited to, representation provided by athlete agents or legal representation provided by attorneys
    - Note: professional representation must be registered with the Commonwealth of Massachusetts. Agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act

Each institution shall establish a catastrophic sports injury fund to provide a student athlete who suffers a career-ending or long-term catastrophic sports injury during an intercollegiate athletic competition or practice with compensation, as determined by the Board of Higher Education, upon his or her graduation. An independent healthcare provider not affiliated with the institution must verify the qualifying injury.

Student athletes must disclose any NIL-related contract to their institution’s appointed official and refrain from contracts that conflict with a provision of their team’s contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.

Access S.2454 here.

New Hampshire House Bill (HB) 1505 was introduced on June 16, 2020 but not signed into law (it died in chamber).

The bill proposed that postsecondary educational institutions, including community colleges, be prohibited from:

  • Upholding a rule that prevents a student athlete from earning compensation through the use of their name, image or likeness
  • Affecting an athlete’s scholarship as a result of earning compensation from use of the student’s NIL
  • Preventing a student athlete from obtaining professional representation including, but not limited to, representation provided by athlete agents, financial advisors or legal representation provided by attorneys
    - Note: professional representation provided by athlete agents, financial advisors and/or attorneys must be by persons licensed or registered by the state of New Hampshire.

Student athletes must disclose any NIL-related contract to their institution’s designated official and are prohibited from entering into an apparel contract that requires a student to display a sponsor’s apparel or otherwise advertise for the sponsor during official team activities if such provisions are in conflict with a provision of the athlete’s team contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.

Access HB 1505 here.

The New Jersey Fair Play Act (NJ S971), approved by Governor Phil Murphy on Sept. 14, 2020 and applicable in the fifth academic year following enactment, allows collegiate student athletes to earn compensation for the use of their NIL.

New Jersey four-year institutions of higher education are prohibited from:

  • Upholding a rule that prevents a student athlete from earning compensation through the use of their name, image or likeness
  • Affecting an athlete’s institutional scholarship as a result of earning compensation from use of the student’s NIL (except as noted below)
  • Preventing a student athlete from obtaining professional representation in regards to contracts or legal matters including but not limited to, representation provided by athlete agents or legal representation provided by attorneys
    - Note: legal representation obtained by student athletes must be from attorneys licensed by the state of New Jersey. Athlete agents representing student athletes must comply with the federal Sports Agent Responsibility and Trust Act
  • Being a member of an athletic association, conference or other group or organization with authority over intercollegiate athletics that:
    - Prohibits student athletes from profiting from their NIL
    - Prohibits an institution of higher education from participating in intercollegiate athletics as a result of the NIL-related compensation of student athletes
    - Provides prospective student athletes with NIL-related compensation
    - Prevents student athletes from obtaining professional representation in relation to contract or legal matters
  • Providing a prospective student athletes with compensation in relation to the student athlete’s NIL

Student athletes are prohibited from earning NIL-related compensation in connection with the following areas:

  • Adult entertainment
  • Alcohol products
  • Casinos and gambling
  • Tobacco and electronic smoking products and devices
  • Prescription pharmaceuticals and controlled dangerous substances
  • Weapons, including firearms and ammunition

Earning compensation in connection with any of the above areas will result in revocation of the student athlete’s institutional scholarship eligibility.

Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of their team’s contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities. The institutional team contract must allow the institution, athletic association, conference or other group or organization with authority over intercollegiate athletics to use the student athlete’s NIL for advertising and marketing purposes without additional compensation paid to the student athlete.

Access NJ S971 -New Jersey Fair Play Act here.

Senate Bill (SB) S6722B, also called the New York Collegiate Athletic Participation Compensation Act, was introduced to the New York State Senate on Sept. 16, 2019 but has not been passed into law as of this date. If approved, this act will take effect Jan. 1, 2023.

The bill proposes that colleges and universities (community colleges are exempt), athletic associations, conferences or other organizations with authority (e.g., the NCAA) are prohibited from:

  • Upholding a rule that prevents a student athlete from earning compensation through the use of their name, image or likeness
  • Affecting an athlete’s institutional scholarship as a result of earning compensation from use of the student’s NIL
  • Providing a prospective student athlete with NIL-related compensation
  • Preventing a student athlete from obtaining professional representation in relation to contracts or legal matters, including but not limited to, representation provided by athlete agents or legal representation provided by attorneys
    - Note: professional representation obtained by a student athlete must be licensed by the state of New York. Athlete agents representing student athletes must comply with the federal Sports Agent Responsibility and Trust Act.

Institutions must establish a sports injury health savings account (HAS) and a wage fund, which is funded by 15% of the revenue earned from a college’s athletics program.

  • At the conclusion of each academic year, the institutions must divide its athlete wage account equally among the student athletes who attended the institution that academic year
  • The sports injury HSA will provide a student athlete who suffers a career-ending or serious injury during a game or team practice with compensation, as determined by the department, upon his or her graduation. An independent healthcare provider not affiliated with the institution must verify the qualifying injury

Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of the athlete’s team contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.

Access SB S6722B – New York Collegiate Athletic Participation Act here.

On June 28, 2021, Ohio Governor Mike DeWine signed an executive order, originally introduced as Senate Bill (SB) 187, allowing college athletes to earn compensation from their NIL effective July 1, 2021.

Ohio state institutions of higher education and private colleges are prohibited from:

  • Upholding a rule that prevents a student athlete from earning compensation through the use of their name, image or likeness
  • Affecting an athlete’s scholarship eligibility as a result of earning compensation from use of the student’s NIL
  • Providing prospective student athletes with NIL-related compensation
  • Preventing a student athlete from participating in intercollegiate athletics to utilize professional representation in regards to contracts or legal matters

An institution may prohibit student athletes from earning NIL-related compensation associated with the following areas:

  • Controlled substances, marijuana, alcohol, tobacco, electronic smoking, vapor or nicotine products
  • Adult entertainment
  • Casinos or other entities that promote gambling activities
  • Other companies, brands or types of contract similar to the above that the institution communicates to the student prior to enrollment

Student athletes who intend to enter into a verbal or written contract providing NIL-related compensation must disclose the proposed contract to their institution’s designated official. Student athletes must not enter into a contract that requires the student to display a sponsor's product or otherwise advertise for a sponsor during official team activities or any other time if that requirement is in conflict with a provision of a contract to which the institution is a party. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.

The bill does not:

  • Require an institution, athletic association, conference or other organization with authority to identify, create, facilitate, negotiate or otherwise enable opportunities for a student to earn compensation for use of the student's NIL
  • Grant a student to use the name, trademarks, services marks, logos, symbols or any other intellectual property of the institution, athletic association, conference or other organization with authority over intercollegiate athletics to further the student's opportunities to earn compensation for use of the student's NIL
  • Limit the rights of an institution to establish and enforce academic standards for its students, team rules of conduct or other rules of conduct, standards or policies regarding the governance or operation of or participation in intercollegiate varsity athletics, and disciplinary rules and standards generally applicable to all students of the institution

Access SB 187 here.

Article XX-K of Pennsylvania Senate Bill (SB) 381, signed by Governor Tom Wolf on June 30, 2021, and effective as of July 1, 2021, allows student athletes at Pennsylvania colleges and universities to profit from their NIL provided that compensation is commensurate with the student’s market value and is not contingent upon the student athlete’s attendance, participation or performance at a particular institution.

Pennsylvania public and private institutions are prohibited from:

  • Upholding a rule that prevents a student athlete from earning compensation through the use of their name, image or likeness
  • Arranging third-party compensation for a student athlete or use a similar type of arrangement as an inducement to recruit a prospective student athlete
  • Preventing a student athlete from obtaining professional representation including but not limited to, representation provided by athlete agents, financial advisors or legal representation provided by attorneys
    - Note: professional representation provided by athlete agents, financial advisors and/or attorneys must be by persons registered with the Commonwealth of Pennsylvania. A person that represents an institution may not represent a college student athlete in a business agreement
  • Revoking or reducing an athletics grant-in-aid or stipend scholarship as a result of NIL-related earnings

A person that produces a college team jersey, video game or trading card for the purpose of making a profit must make a royalty payment to each student athlete whose NIL or other individually identifiable feature is used.

The bill does not:

  • Require an institution, athletic association, conference or other organization with authority to identify, create, facilitate, negotiate or otherwise enable opportunities for a student to earn compensation for use of the student's NIL
  • Grant a student to use the name, trademarks, services marks, logos, symbols or any other intellectual property of the institution, athletic association, conference or other organization with authority over intercollegiate athletics to further the student's opportunities to earn compensation for use of the student's NIL
  • Limit the rights of an institution to establish and enforce academic standards for its students, team rules of conduct or other rules of conduct, standards or policies regarding the governance, operation of or participation in intercollegiate varsity athletics, and disciplinary rules and standards generally applicable to all students of the institution

Student athletes are prohibited from earning NIL-related compensation in connection with the following areas:

  • Adult entertainment
  • Alcohol products
  • Casinos and gambling
  • Tobacco and electronic smoking products and devices
  • Prescription pharmaceuticals
  • Controlled dangerous substances

An institution may also prohibit an athlete’s involvement in NIL activities that conflict with existing institutional sponsorship arrangements or institutional values. Colleges and universities may create policies that specify which NIL activities student athletes may or may not engage in.

A student athlete who proposes to enter into a contract providing NIL-related compensation must disclose the contract at least seven days prior to execution to their institution’s designated official.

Access Article XX-K of SB 381 here.

Rhode Island House Bill (HB) 7806 was introduced on Feb. 26, 2020 but not signed into law (it died in committee).

The bill proposed that public and private postsecondary educational institutions be prohibited from:

  • Upholding a rule that prevents a student athlete from earning compensation through the use of their name, image or likeness
  • Affecting an athlete’s scholarship eligibility as a result of earning compensation from use of the student’s NIL
  • Providing a prospective student athlete with compensation in relation to the student athlete’s NIL
  • Preventing a student athlete participating in intercollegiate athletics from utilizing professional representation in regards to contracts or legal matters, including but not limited to, representation provided by an athlete agent or legal representation provided by an attorney
    - Note: professional representation would have to be registered by the State of Rhode Island. An agent representing a student athlete would have to comply with the federal Sports Agent Responsibility and Trust Act

Student athletes must disclose any NIL-related contract to their institution’s designated official and refrain from contracts that conflict with a provision of the athlete’s team contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.

Access HB 7806 here.

West Virginia House Bill (HB) 2583 was introduced on Feb. 17, 2021 but was not signed into law (it died in committee).

The bill proposed that West Virginia universities and colleges that provide scholarships to students to participate in intercollegiate athletics be prohibited from:

  • Upholding a rule that prevents a student athlete from earning compensation through the use of their name, image or likeness
  • Revoking or affecting an athlete’s scholarship as a result of earning compensation from use of the student’s NIL
  • Providing a prospective student athlete with compensation in relation to the student athlete’s NIL
  • Preventing a student athlete participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including but not limited to, representation provided by athlete agents or legal representation provided by attorneys
    - Note: professional representation must be licensed with the state of West Virginia. Agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act

Student athletes must disclose any NIL-related contract to their institution’s appointed official and refrain from contracts that conflict with a provision of their team’s contract. An institutional team contract cannot prevent a student athlete from using the athlete’s NIL for a commercial purpose when the athlete is not engaged in official team activities.

Access HB2583 here.

NCAA adopts interim name, image and likeness policy, National Collegiate Athletic Association

Baker Tilly can help

We can help your institution take a proactive approach to evaluate the current state of your policies, processes, internal controls and definitions related to athletics and NIL to identify opportunities that align with new and upcoming changes.

How Baker Tilly helps institutions navigate NIL policies and state regulations

For more information, or to learn more about how Baker Tilly can help higher education institutions and student athletes with the changing NIL landscape and compliance, contact our team.

Fiscal Recovery Fund guidance for Indiana non-entitlement units
Next up

Fiscal Recovery Fund guidance for Indiana non-entitlement units