North Carolina Central University Guidelines for Name, Image and Likeness (NIL)
North Carolina Central University supports student-athletes in their pursuit of opportunities based on their Name, Image and Likeness (NIL) in accordance with the guidelines listed in this document.
These guidelines will ensure that NCCU student-athletes adhere to and comply with all policies, rules and regulations, including the
State of North Carolina Executive Order 223, and those required by the
NCAA, MEAC and the University policies and rules if an NCCU student-athlete selects to participate in NIL activities. Due to the changing regulatory landscape of NIL, the NCCU Department of Athletics may change these guidelines, or publish additional procedures and guidance to provide further clarification of NIL activities, at any time and all new guidelines will be effective immediately. It is important to note that these guidelines do not supersede any NCCU policies or regulations; therefore, all student-athletes must adhere to and comply with all NCCU regulations when participating in NIL activities.
Ongoing educational materials, team meetings and other forms of communication regarding NIL will be provided to student-athletes to include: financial literacy, brand building and other related NIL topics through the “ELEVATE” NIL program via INFLCR Verified, the NCCU Student-Athlete Leadership Academy, and NCCU Department of Athletics and the Office of Compliance.
General Guidelines
NIL activities may include a wide range of activities which can include, but are not limited to:
- Owning or promoting your own personal business;
- Serving as a spokesperson for a local, regional or national business (speeches, commercial establishments);
- Personal appearances
- Student-athletes running their own camps or clinics
- Student-athletes providing private lessons (using their name or image to promote those lessons)
- Sponsored social media posts
- Autograph sessions
Student-athletes may use their NIL to earn outside compensation. There are no limits on the amount of income a student-athlete may earn through NIL activities, but compensation can be received only if the work is actually performed. Additionally, when a student-athlete receives compensation, the compensation earned for the NIL activities must/should be commensurate with market value.
Student athletes should also be aware that their name, image and likeness income will likely be considered
taxable income. Therefore, it would be prudent for student-athletes to consult with an appropriate tax professional about potential tax implications on compensation earned through their NIL activities.
University Role and Professional Advisors
- The University or the Department of Athletics is not permitted to provide or secure Name, Image and Likeness opportunities for student-athletes.
- NCCU employees, athletics department staff members or boosters may not compensate or arrange compensation to a current or prospective athlete for NIL purposes.
- The University or the Department of Athletics is not responsible for any tax liabilities or other costs student-athletes may incur in their participation in NIL activities.
- The University or Department of Athletics will not purchase products or services from any Student-Athlete(s) without utilizing the competitive bid process required by the University Procurement Office.
- Consistent with University policy, the use of NCCU logo, marks, symbols, or any other intellectual property, whether registered or not, is not permitted without appropriate licensing approval. The University has discretion regarding the licensing of its intellectual property, therefore it is not guaranteed that all requests for a license will be granted.
- Student-athletes may retain and use the services of professional advisors to assist them in their NIL activities (tax advisors, marketing agents, legal advisors, etc.). If a student-athlete desires such representation, the following applies:
- Student-athletes are solely responsible for paying all fees associated with such services/representation.
- The professional advisor must adhere to and comply with all state and federal laws regarding professional advisors/agents, North Carolina General Statutes Chapter 78C and the federal Sports Agent Responsibility and Trust Act, 15 U.S. C. 7801 et seq, must be followed. Nothing in the Executive Order shall modify or supersede these laws. The link to the North Carolina Uniform Athlete Agents Act is listed here: https://www.sosnc.gov/divisions/athlete_agents
- Student-athletes are strictly prohibited from employing an agent for the purpose of negotiating with professional athletic teams/organizations. These actions will jeopardize a student-athlete’s NCAA eligibility.
Rules Applicable to Student-Athletes Use of NIL
- If an NCCU student-athlete violates applicable State of North Carolina law, NCAA Bylaws, University policies, or sports team policies and procedures, their athletic aid and/or eligibility may be negatively impacted.
- International student-athletes should meet with the NCCU Office of International Affairs to discuss what their student Visa will permit and allow regarding NIL activities and to guard against any potential immigration issues.
- Prospective Student-Athletes (PSAs) must comply with all state and federal laws. Prior to enrollment at NCCU, the PSA must ensure that their NIL activities adhere to and comply with to these NCCU guidelines and any NCAA, UNC System and/or MEAC requirements set forth in any applicable policies/regulations.
- Student-athletes may not receive compensation for the purposes of enrolling at or continuing enrollment at any collegiate institution.
- Student-athletes are strictly prohibited from receiving compensation based on performance (ex. pay-for-play, financial incentives based on points scored).
- Student-Athletes may not miss required educational obligations (class, study tables, tutorial sessions, exams) to participate in NIL activities.
- Student-athletes may not miss any required NCCU Department of Athletics or sports team activities (Student-Athlete Orientation sessions, compliance meetings, academic meetings, practice, competition, media appearances, University, Department of Athletics or team promotional events, team/individual meetings, team travel, individual skills sessions, team meals) to participate in NIL activities.
- Compensation earned from NIL activities may not be used to reduce or cancel athletics aid, however, the compensation may impact the student-athlete’s eligibility for need-based financial aid.
- Benefits may not be provided to student-athletes if they are inconsistent with institutional policies (use of institutional or athletics facilities, use of athletics department resources). Student-athletes will be required to pay the same rental rates available to any non-student-athlete. Additionally, student-athletes will not receive special rates or discounts (NCAA Bylaw 16.02.3).
- Student-athletes may not engage in any NIL activity that conflicts with a current NCCU Department of Athletics contract/sponsorship. If the University or Department of Athletics identifies a conflict between the student-athlete’s proposed opportunity or contract and any existing agreements of the University, the University/Department of Athletics shall communicate that conflict to the Student-Athlete so that the Student-Athlete may negotiate a revision of the opportunity or contract to avoid the conflict. The revision is subject to additional review and approval by the University or Department of Athletics. Please note, this list will be frequently updated.
- Student-athletes may not engage in any NIL activity that promotes products or services related to tobacco products, e-cigarettes or any type of nicotine delivery device, a seller or dispensary of a controlled substance, anabolic steroids, sports betting, casino gambling, firearms or adult entertainment.
- Current or Prospective Student-Athletes (freshmen or transfers) who have committed to NCCU are not permitted to sell or trade complimentary admissions provided to them by the NCCU Department of Athletics as part of any NIL activity (NCAA Bylaw 16.2.2.1, 16.2.2.2).
Approval and Disclosure Process for NIL Activities
- All representation by professional advisors of any type, must be disclosed to NCCU.
- The duration of a contract for representation of a student-athlete or compensation for the use of Name, Image and Likeness may not extend beyond participation in athletic program at institution.
- Student-athletes must disclose any NIL activities at least 96 hours or four (4) calendar days prior to entering into an agreement for the proposed activity via NCCU's "ELEVATE" INFLCR Verified app, which will trigger a notification to the NCCU Athletics Compliance office to review and approve. This review is for compliance purposes only. It does not constitute a legal review on behalf of the student-athlete.. Disclosures must include the following:
- Description of the NIL activity;
- Parties involved;
- The Value and nature of compensation provided;
- Attachment of visual content (photos, videos, graphics, etc.) if university intellectual property (logos, NCCU-branded apparel, etc.) is used, and;
- A copy of any written agreement related to the NIL activity.
- The University/Department of Athletics will review this information and notify the student-athlete if the proposed NIL activity complies with the requirements of these guidelines or if the NIL activities present a likelihood of violating the policy. No NIL activity should occur until the Athletics Compliance Office reviews the activity and provides the Student-Athlete with written approval.
- Failure of a student-athlete to disclose any contract or agreement may result in loss of NCAA eligibility, including suspension from team activities or competition.
Definitions of Terms:
NIL: Name. “Name” is defined as the first or last name, or the nickname, of the student-athlete when used in a context that reasonably identifies the student-athlete with particularity, Image:“Image” is defined as a picture of the student-athlete. Likeness: “Likeness” is defined as a physical, digital or other depiction or representation of the student-athlete.
Compensation: Compensation is defined as any form of payment or remuneration, including but not limited to cash, gifts, in-kind items of value, social media compensation, digital currency, payments for licensing or use of publicity rights, payments for other intellectual or intangible property rights under federal or state law, and any other form of payment or remuneration
Representative of Athletics Interest/Booster (e.g. booster) is any individual who: 1.Has made a financial contribution to the institution; 2.Assisted in the recruitment of a prospective student-athlete; 3.Provided benefits of any kind to a current student-athlete.
Promotional Activity: A promotional activity shall be defined as any use of a student-athlete’s name, image or likeness to promote the commercial endeavors of any entity, including media. Activities include but are not limited to:
- In-person appearances;
- Social media posts;
- Media appearances (e.g. appearance on a talk show);
- Digital/printed materials (e.g. Billboard, online ad, etc.).
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