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Augustana University Department of Athletics Name, Image and Likeness (NIL) Policy and Guidelines

 
Unlike NCAA Division I, NCAA Division II student-athletes (SAs) have always been afforded the opportunity to use their name, image and likeness (NIL) in promotional activities not related to athletics, including promoting or endorsing commercial products or services. With the change in legislation, SAs can now also use their NIL in athletic related activities.
 
Augustana University Department of Athletics acknowledges and supports SAs’ rights to use NIL. The policy and guidelines set forth below are consistent with governing bodies (NCAA, NSIC, GLIAC, and MIAA) and where applicable campus policy for any other student/community member.

1.USE OF NIL

  • Student-athletes (SAs) may earn compensation for their name, image and likeness (NIL). Such compensation must be within fair market value and must be for actual work/services performed.
  • Augustana University, the athletic department, and/or staff members may not compensate or arrange compensation to a current SA or prospective student-athlete for his/her NIL. However, questions regarding NIL and clarification around rules should be directed to the Office of Athletic Compliance and/or the Office of Athletics Marketing and Communications.

2.NIL REPRESENTATION

  • It is permissible for SAs to obtain legal representation and/or other services related to NIL activities at the student-athletes expense, with the exception of professional athletic contracts or agreements before exhausting their eligibility. Such services include, but are not limited to, the following:
    • Marketing Firms
    • Legal Counsel
    • Financial Services
    • Tax Advisors
  • SAs may not receive compensation in exchange for current or future athletic participation/performance in any Augustana athletic programs.
  • Neither Augustana University nor any third-party representatives of the university may facilitate or arrange NIL activities for SAs.
  • SAs are prohibited from entering into NIL agreements with vendors that sell or manufacture banned substances and/or athletic performance enhancing drugs based on current NCAA/Augustana University Department of Athletics Drug Testing Policy.
  • SAs are prohibited from entering into NIL agreements with gambling/sports wagering vendors.
  • Augustana University discourages NIL opportunities with direct competitors of the university’s corporate partners.

3.ACADEMIC & ATHLETIC ACTIVITIES

  • Academic classes/requirements may not be missed for participation in NIL activities. 
  • NIL activities may not occur during countable athletically related activities, which include but are not limited to practice, competition, academic meetings, or community service.

4.NIL TAX LIABILITY & FINANCIAL IMPACT

  • SAs should be mindful that just like any other job, they are liable for any and all tax implications pertaining to compensation earned for NIL activities. Augustana University and its Department of Athletics are not responsible for any tax liability, nor does the university or department have any responsibility to advise SAs on tax related issues.
  • Awarding of financial aid/need-based aid may be affected due to compensation from NIL activities. It is highly recommended that SAs communicate with the Office of Financial Aid to determine what impact, if any, may result from NIL activities to annual financial aid awards.
  • Any international SAs should not enter into NIL agreements or engage in NIL activities before speaking with the Augustana University International Programs Office regarding immigration and visa issues.

5.USE OF ATHLETIC LOGOS/MARKS (LICENSING) & UNIVERSITY FACILITIES

  • SAs must follow all Augustana University Licensing Policies, in addition to obtaining the proper rights for using the university’s name, marks, and logo. Please be aware this includes wearing and/or displaying Augustana University’s name, marks, or logos in any marketing, promotional, or social media content. Please direct any questions to the Office of Athletics Marketing.
  • Use of university athletic and other facilities for NIL activities will follow the same process and rental rates as outlined for internal or external entities that request use of Augustana University facilities. No coach or staff member is allowed to authorize use of athletic facilities or equipment outside of standard university policy.

6.DISCLOSURE OF NIL ACTIVITIES

  • SAs must disclose NIL agreements to the Office of Athletic Compliance and the Office of Athletic Marketing and Communications via the form provided in the ARMS Platform. The form should be submitted within one (1) week of the NIL agreement. Completion of the form does not constitute an approval, only a disclosure of activities in which the SA intends to participate in order to determine potential impact to athletic eligibility. Failure to disclose or participating in any impermissible NIL activity as referenced in this policy and guidelines could result in removal from an athletic team and/or cancelation of athletics aid.
  • SAs should consider how NIL opportunities could possibly impact team culture and their own personal brand.
This information is subject to changes based on updated information received from the NCAA, CCHA, NSIC, GLIAC, and MIAA. Policy last updated 8/1/2024.