CANISIUS UNIVERSITY
NAME, IMAGE, AND LIKENESS (NIL) POLICY
I. Introduction
Effective July 1, 2021, the NCAA adopted the Interim Name, Image and Likeness (NIL) Policy allowing NCAA student-athletes the opportunity to benefit from their NIL without jeopardizing their NCAA eligibility. New York state law permits collegiate athletes to receive compensation in exchange for use of their name, image, and likeness (“NIL”) in connection with activity that is unrelated to any intercollegiate athletic program. This policy outlines the University’s policies and procedures with regard to such activities.
The NIL landscape is constantly evolving and the scope of limitations applicable to collegiate student-athletes are still developing. Accordingly, this policy is issued on an interim basis, and is subject to change as new information and guidance is received. Please consult the Canisius University Compliance office for updates to this Policy. All University employees and Student-Athletes are responsible for ensuring that they have reviewed and understand this policy.
II. Scope of Policy
Student-Athletes may become entitled to compensation only from third party entities and not from the institution. Student-Athletes may be asked by the University to participate in institutional promotional activities such as appearances, autograph signings, digital content creation, photo shoots, and similar activities in accordance with existing NCAA rules, but may not be paid by the University to participate in any such activity. These activities do not constitute use of a Student-Athlete’s NIL governed by this Policy.
Canisius University is not responsible for monitoring, overseeing, or enforcing equity in opportunities, compensation, or other consideration provided by non-institutional entities in connection with NIL Activity.
A Student-Athlete’s receipt of NIL compensation from third party entities in accordance with this Policy does not alter the non-employee status of the student-athlete with regard to the University. No provision of this Policy shall be construed to prevent Canisius University from prohibiting a Student-Athlete’s participation in an intercollegiate athletic program, revoking a Student-Athlete’s eligibility for a
scholarship or taking any other punitive or legal action if such Student-Athlete’s NIL activity, including any representation by an attorney or sport agent does not comply with this Policy, or is otherwise unacceptable as determined within the sole discretion of the University.
III. Definitions
Compensation means the receipt, whether directly or indirectly, of any cryptocurrency, money, goods, services, other items of value, in kind contributions and any other form of payment or remuneration. Endorsement contract means a written agreement under which a student-athlete is employed or receives compensation for the use by another party of such student-athlete’s person, name, image or
likeness in the promotion of any product, service, or event.
Intercollegiate athletic program means a program at the University for sports played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of college athletics.
Name, Image, and Likeness (NIL) describes a legal concept known as “right of publicity,” which involves situations where permission is required of a person to use their name, image (e.g. a picture of video) or likeness (e.g., a cartoon, avatar, or sculpture).
NIL Activity means any activity in which a prospective Student-Athlete or Student-Athlete’s NIL or personal appearance is used for promotional purposes by a non-institutional entity, including for use by the individual prospective student-athlete or Student-Athlete, a commercial entity, or a non-institutional nonprofit or charitable entity, regardless of whether such use is compensated or uncompensated. Student-Athlete means a student enrolled at Canisius University who participates in an intercollegiate athletic program.
IV. Policy Statements
a. Permissible NIL Activity
Canisius University Student-Athletes may earn compensation through an Endorsement Contract or employment in an activity that is unrelated to any intercollegiate athletic program and obtain the legal or professional representation of an attorney or sports agent through a written agreement, provided such Student Athlete complies with the requirements and prohibitions described in this Policy. The compensation to be earned can only come from a third party and not Canisius University. The compensation must be in exchange for services, activities, intellectual property, appearances or other value actually provided by the Student-Athlete.
Student-Athletes may utilize the services of any professional services provider for assistance with NIL activity. However, an individual or entity who serves as a Student-Athlete’s professional service provider for NIL activity may not also serve as the Student-Athlete’s agent. Student-Athlete use of agents must be consistent with current NCAA rules governing “agents.” Student-Athletes must submit copies of any agreements entered into for representation with an agent or attorney to the Canisius Athletics Compliance Office.
Canisius University owns all rights to its intellectual property, including but not limited to, the University name, logo, and other marks. The University monitors and controls the ways its marks may be used. Student-Athletes may not use any University marks in conjunction with NIL Activity unless they have received prior written approval from the Assistant Athletic Director for Revenue Generation and Fan Engagement. Such use must be consistent with the Canisius University Brand Handbook. The University has sole discretion over allowable use of its intellectual property. Student-Athletes may not be granted use of University intellectual property for NIL activity involving competitors of University Sponsors, unless approved by the Assistant Athletic Director for Revenue Generation and Fan Engagement. Use of marks will be approved on a case-by-case basis, with determining factors including, but not limited to, the type of activity, distribution method of content, and presence of third-party marks.
Student-Athletes may request the use of University facilities for NIL activity, provided rental agreements are secured through the appropriate channels and applicable fees are paid.
Under the NCAA’s Interim NIL Policy, a Student-Athlete’s NIL Activity must comply with the laws of the
State of New York.
b. Impermissible NIL Activity
Student-Athletes may not receive compensation for use of their NIL from Canisius University. Student-Athletes may not receive compensation for use of their NIL as an inducement to attend, enroll in or continue attending Canisius University. Compensation may not be conditioned on athletic performance or participation, or on a Student-Athlete’s status as remaining enrolled at the University.
Institutional coaches and staff may not organize, facilitate or arrange a meeting between a booster/NIL entity and a prospective student-athlete or communicate directly or indirectly with a prospective Student-Athlete on behalf of a booster/NIL entity.
Student-Athletes are prohibited from entering into an agreement that conflicts with the provisions of any agreement to which Canisius University is a party. Student-Athletes may not endorse or enter into business activities in categories that conflict with NCAA legislation (i.e. banned substances and sports wagering) or institutional mission and values as determined by Canisius University.
A Student-Athlete’s performance of an Endorsement Contract or employment activity may not interfere with any official team activities or academic obligations (i.e. class or other mandatory academic requirements or required team activities).
Neither an institution nor a representative of athletics interests or other person who directly contributes to a University athletics program, often known as “boosters,” can use NIL Activity or a promise related thereto in any manner that could be deemed an inducement for a prospective Student-Athlete to attend Canisius University, or for a current Student-Athlete to remain enrolled at Canisius University. Prospective Student-Athletes may not engage in any NIL Activity that is impermissible for current Student-Athletes at Canisius University under this Policy.
NCAA maintains specific limitations on the conduct of University employees in certain situations. Per NCAA Division I Bylaws 11.1.3 athletics department staff members are prohibited from representing a prospective Student-Athlete or enrolled Student-Athlete in marketing their athletics ability or reputation. Further, per Bylaw 12.1.2-(a), a Student-Athlete may not use athletics skill (directly or
indirectly) for pay in any form. Additionally, per Bylaw 12.5.1.1-(f) institutions may not compensate a Student-Athlete in exchange for the use of their NIL. Finally, while Bylaw 16.02.3 generally prohibits an institutional staff member or booster from providing a Student-Athlete with a special arrangement or benefit, Bylaw 16.3 permits institutions to finance and assist Student-Athletes with personal
development services. Employees are expected to be familiar with all applicable bylaws and regulations regarding NIL. All employee concerns with regard to this NIL Policy should be directed to hr@canisius.edu and the Athletics Compliance office.
The University prohibits all NIL Activity deemed impermissible by the NCAA, specifically such conduct that is described in NCAA Division I “Institutional Involvement in a Student-Athlete’s Name, Image and Likeness Activities” dated October 26, 2022.
c. Disclosure
Student-Athletes must disclose all NIL Activity to Canisius University that results in compensation within seven days of either the receipt of the compensation or the execution of an agreement for future compensation, whichever occurs first. Student-Athletes shall disclose such transactions in ARMS or by submitting a copy of each Endorsement Contract, written agreement for employment, representation agreement executed by the Student-Athlete, or other relevant documentation.
Student-Athletes are encouraged to submit NIL activity paperwork prior to performance. Canisius University is not responsible for reviewing or confirming that a Student-Athlete’s Endorsement Contract or similar documentation complies with applicable law or other applicable rules. Student-Athletes are solely responsible for their NIL Activity, including without limitation, compliance with any terms and conditions imposed in any Endorsement Contract or by law. Student-Athletes are encouraged to refrain from finalizing agreements until after the University has completed its review for conflicts. It is important to address any potential conflicts and questions regarding specific NIL Activity in advance of entering any NIL contract. The University reserves the right to review Student-Athletes’ Endorsement
Contracts or other NIL Activity documentation, but is not in a position to provide advice on NIL Activity. Canisius University will not disclose any record of the compensation received by a Student-Athlete from an Endorsement Contract or employment activity entered into or engaged pursuant to this Policy unless Canisius receives the written consent of the Student-Athlete for each disclosure, or except as provided by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.
Prospective Student-Athletes do not need to disclose NIL Activity that will not continue during such Student-Athlete’s enrollment at Canisius University to the University.
d. Miscellaneous
Student-Athletes are responsible for all tax, withholding, reporting, licenses, permissions, permits, expenses, fees and any other obligations, liabilities or costs associated with NIL Activity.
The NCAA has not published consequences for violations of NIL policies. Student-Athletes may become subject to NCAA sanctions up to and including permanent ineligibility to participate in college athletics for violations of this Policy. Any Student-Athlete who fails to comply with this Policy may be subject to disciplinary measures in accordance with the Canisius University Community Standards, Department of Athletics Student-Athlete Handbook and/or other applicable University policies. Discipline may include prohibiting a Student-Athlete’s participation in an Intercollegiate Athletic Program, revoking a Student-Athlete’s eligibility for a scholarship, or other punitive or legal action.
International Student-Athletes may be limited in their ability to engage in NIL Activity by the terms of their visa or other immigration status. International Student-Athletes are encouraged to contact the Office of International Student Programs for additional information.
Student-Athletes’ need-based financial aid (e.g., Pell Grant) may be impacted based on compensation received in connection with NIL Activity.
Examples of impermissible activities under the current NCAA Interim Policy:
• Athletics department staff member (or company owned by staff member) representing enrolled SAs for NIL deals, including securing and negotiating deals on behalf of the SA.
• Any individual or entity acting on behalf of the athletics department (e.g., third party rights holders, third party agents) representing enrolled SAs for NIL deals, including securing and negotiating deals on behalf of the SA. • Institution entering into a contract with SA for the sale of products related to SA’s NIL.
• Conference and SA revenue sharing: Broadcast revenue, NIL revenue.
• Staff members who own businesses separate from the institution, providing NIL deal with a SA.
• Institutional coach compensating SA to promote coach’s camp
• SAs receiving compensation directly or indirectly for promoting an athletics competition in which they participate.
