NCAA Name, Image and Likeness Policy

Policy Statement

This policy governs Adelphi University (“Adelphi”) student-athletes and Adelphi personnel with regard to student-athletes’ Name, Image and Likeness (“NIL”) activities and opportunities in accordance with the June 30, 2021 NCAA adoption of a uniform interim policy suspending NIL rules. Any agreements that concern student-athletes’ NIL prior to July 1, 2021 are not covered under this policy and are therefore subject to previous NCAA rules on NIL including mandatory reporting of violations of those rules. New York has not enacted laws governing NIL for student-athletes. As of July 1, 2021, Adelphi personnel, Adelphi Athletics and Adelphi student-athletes will follow new NCAA guidance and this policy on NIL.

This policy is subject to change and is intended to remain in place until either the State of New York or the federal government enacts NIL legislation that would supersede this Policy. This policy does not supersede any other Adelphi policy and student-athletes must adhere to all Adelphi, Northeast-10 Conference, and NCAA regulations, guidelines and expectations when engaging in NIL opportunities.

Who Is Governed by this Policy

Any student participating in intercollegiate sports at Adelphi University and Staff

Policy

NIL Activities

Subject to NCAA rules, this Adelphi University NIL policy, and all other applicable Adelphi University policies, student-athletes may use their NIL in a variety of ways that may include, but are not limited to:

• Promoting their own business
• Promoting or endorsing a corporate entity (e.g., a brand ambassador or social media influencer)
• Conducting camps, clinics or lessons
• Making appearances or signing autographs

Compensation for NIL Activities

Adelphi student-athletes are permitted to receive compensation, either in-kind or monetary, for NIL activities subject to the requirements of this Policy and NCAA rules. Such compensation must be within fair market value and must be for work actually performed.

Adelphi student-athletes are permitted to enter into agreements and receive corresponding compensation with individuals who support or promote the athletics department, program, or assist with recruitment, also known as “boosters,” provided the agreement meets the requirements of this policy and the compensation is paid for work actually performed by the student-athlete and is not (i) a recruiting inducement; (ii) an inducement to remain enrolled at Adelphi; and/or (iii) is based on athletic performance.

Restrictions

• NCAA rules prohibiting pay-for-play and impermissible inducements remain in effect.  Thus, NIL activities may not involve compensation for athletic participation or performance at Adelphi.
• NIL compensation cannot be used as a recruiting inducement to solicit a specific prospective student-athlete to Adelphi.
• Adelphi student-athletes may obtain professional advice to assist them with NIL opportunities. However, it remains against NCAA rules for student-athletes to enter into agreements with agents or other professional advisors to represent or assist them in the process of becoming a professional athlete. Thus, the use of an agent, attorney or similar may only be used for NIL representation.
• Adelphi personnel are prohibited from assisting with or facilitating NIL opportunities for student-athletes.
• Adelphi student-athletes are prohibited from engaging in NIL activities during the course of official team activities including team competitions, practices, gatherings, and meetings. Similarly, Adelphi student-athletes are prohibited from engaging in NIL activities which conflict with academic obligations.
• Absence from class to participate in NIL activities is prohibited.
• NIL agreements shall not conflict with existing Adelphi University, Adelphi Athletics or any affiliated entity agreements, including but not limited to sponsorship agreements.
• Adelphi personnel may not compensate or arrange compensation to an Adelphi student-athlete or prospective student-athlete for use of their NIL.
• Adelphi University or Adelphi Athletics may not enter into an agreement with a student-athlete that prohibits a student-athlete’s ability to receive compensation for their NIL when the student-athlete is not engaged in official team activities.
• Student-athletes must not use their NIL to promote:
  • Products or services that are illegal
  • Alcohol, tobacco or vaping products
  • Substances that are banned by the NCAA
  • Adult entertainment
  • Gambling
• Adelphi reserves the right to prohibit student-athlete’s involvement in NIL activities based on other considerations such as institutional values.

Definitions

Agent: Any individual appointed to market a student-athlete’s athletic ability or reputation for financial gain or benefit.

Attorney: Any individual legally appointed to transact business on another’s behalf.

Endorsement: A form of public support or approval.

Fair Market Value: A selling price for a right, good, property or service to which a buyer and seller can agree.  Such price is determined by the price of which other buyers and sellers have agreed for a similar right, good, property or service and not by the individuals involved in the transaction.

Name, Image, and Likeness (“NIL”): Three elements of the right of individuals to control the deployment of their identity and association in commerce (legally known as the “right of publicity”). These are independent or collectively identifiable aspects of a person that make them unique and as such, permission is required of a person to use their name, image, or likeness.

Name, Image, and Likeness Activities: Activities that involve the use of an individual’s name, image, and likeness for commercial or promotional purposes.

Prospective Student-Athlete: A student who has started classes for the ninth grade.

Recruiting Inducement: Impermissible benefits or financial aid provided to a prospective student-athlete or their relatives or friends by an institutional staff member or a representative of an institution’s athletics interests.

Student-Athlete: A student-athlete is a student whose enrollment was solicited by a member of the athletic staff or other representative of athletics’ interests with a view toward the student’s ultimate participation in the intercollegiate athletics program at Adelphi University and that student does so participate in the intercollegiate athletics program at Adelphi University.

Forms

This policy does not have forms associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Other Applicable Policies and Guidelines

Disclosure of NIL Opportunities

Student-athletes must disclose all NIL opportunities by completing an NIL disclosure form for each agreement into which they enter with a third party. This form can be accessed via ARMS and must be submitted to the Adelphi Athletics Compliance Office no less than 5 days prior to the student-athlete entering into the NIL agreement or activity so that the compliance office can assist in ensuring that the activity is permissible and does not jeopardize the student-athlete’s eligibility. Transfer student-athletes are to disclose any NIL agreements within 15 days of matriculation at Adelphi University.

Use of Adelphi Facilities

Student-athletes may request use of Adelphi facilities for NIL purposes (ex: camps, clinics, photo shoots). Use of Adelphi facilities for NIL activities must be authorized and approved in advance. If authorized and available, standard rental fees, insurance requirements and a fully executed rental agreement will be required. Authorized use of Adelphi’s facilities for NIL activities shall not be construed as an endorsement by Adelphi of the NIL opportunity or any product associated with that opportunity. Further questions and information can be obtained in the athletics department via the Assistant AD for Facilities and Game Operations.

Adelphi Intellectual Property

Student-athletes will not be permitted use Adelphi’s intellectual property, including its trademarks, logos, or symbols, in any manner associated with or related to NIL activities without the prior written approval of Adelphi.  Adelphi student-athletes may request use of the Adelphi marks and logos. Requests are to be made through the compliance office in the athletics department via an ARMS form when submitting your NIL approval workflow. Approval to use Adelphi marks and/or logos shall be limited to the specific NIL opportunity and is not a waiver of Adelphi’s intellectual property rights.

Financial Aid

NIL earnings could result in a student-athlete no longer qualifying for need-based financial aid such as Pell Grants. More information on need-based aid can be obtained in the Financial Aid Office.

International Student-Athletes

International students should consult with the International Student Office prior to engaging in NIL opportunities as it may impact their VISA status.

Reservation of Rights

Adelphi University reserves the right to use student-athletes’ NIL to the extent and in the form determined in the institution’s sole discretion, at any time for its advertising and marketing related to Adelphi University’s athletic, academic and promotional interests. Any contractual provision in a contract between a student-athlete and a third-party, including but not limited to sponsors or athlete agents, in conflict with this provision is null and void.

Document History

• Last Reviewed Date: July 18, 2023
  
• Last Revised Date:  July 18, 2023
  
• Policy Origination Date: September 01, 2021

Who Approved This Policy

Sentwali Bakari, Vice President for Student Affairs