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Category:
Athletics
Student Affairs


Responsible Office:

Policy Title:
Student Athletes and Compensation for Name, Image, and Likeness

Document Number:
3001

Effective Date:
January 25, 2022


This policy item applies to:
State-Operated Campuses
Table of Contents
Summary

Policy
Definitions
Other Related Information
Procedures
Forms
Authority
History
Appendices


Summary

This Policy clarifies the National Collegiate Athletic Association ("NCAA") interim rules regarding Student-Athletes compensation for usage of name, image, and likeness.


Policy

  1. NCAA Interim Rule

    The NCAA has suspended its amateurism rules that prohibited Student-Athletes from engaging in activity to receive compensation for such Student-Athlete's name, image, and likeness.  However, this did not suspend other NCAA rules which eligible SUNY campuses must follow to be eligible to compete in intercollegiate athletics.  This Policy sets forth processes and requirements for conflicts review and disclosure of contracts by Student-Athletes to ensure there is no conflict with campus contracts and sets forth expectations in relation to potential usage of SUNY's trademarks, copyright, and intellectual property.  SUNY campuses are free to consider more restrictive and detailed policies in relation to name, image, and likeness activity beyond what is in this Policy, as long as such additional rules conform with all applicable SUNY policies, state laws and regulations, and NCAA bylaws regarding eligibility.  A SUNY campus is not mandated by law to allow a Student-Athlete to engage in name, image, and likeness activities, however, if a SUNY campus chooses to implement the NCAA interim rule for Division I, II, and/or III athletic programs, such SUNY campus shall have a policy including the elements discussed below, at a minimum.

  2. General Provisions

    While the NCAA has suspended its amateurism rules surrounding the ability for Student-Athletes to receive compensation for their name, image and likeness, no campus is required to allow this activity.  However, if a campus does choose to allow Student-Athletes to engage in monetizing their name, image and likeness, there are certain rules that a SUNY campus must follow.  This Policy would only apply to SUNY campuses participating in the NCAA.  The United States Collegiate Athletic Association (USCAA) has not made any similar change to its rules.

    Students can use and monetize their name, image, and likeness in a wide range of ways that include, but are not limited to:

    • Traditional commercials or advertisements for products or services;
    • Developing or promotion of the student Athletes' business;
    • Personal appearances;
    • Student-Athletes Operation of the Student-Athletes' camp or clinic, or use to promote a Student-Athletes' participation in a camp or clinic;
    • Providing private lessons (and using Student-Athletes' name or image to promote those lessons);
    • Sponsored social media posts; and/or
    • Autograph sessions.

    There are no limits on earning potential for a Student-Athlete as part of being compensated for the use of a Student-Athlete's name, image, and likeness.  However, there are specific considerations that must be taken into account.  International Student-Athletes should confer with their respective international program coordinator to discuss the work permissions for their respective visa.  Student-Athletes should consult with an appropriate tax professional about the tax implications of any compensation that may be earned.

  3. Prohibitions

    Student-Athletes may not receive compensation that is conditioned or contingent on enrolling at, or continuing enrollment at any specific collegiate institution, or on any specific athletic performance or achievement.

    SUNY campuses, including their employees, contractors, representatives, and agents, may not create or facilitate name, image and likeness opportunities for prospective Student-Athletes as a recruiting inducement or for current Student-Athletes as an inducement to remain enrolled at a SUNY campus.

    Student-Athletes may not miss required educational obligations or required team activities for any name, image, and likeness activities.

    A Student-Athlete's involvement in name, image and likeness activities will not relieve the Student-Athlete from the obligation to comply with all NCAA, divisional, conference, SUNY and institutional academic standards, requirements, regulations, or obligations; team rules of conduct or other applicable rules of conduct, including such institution's student code of conduct; and any other standards or policies regarding participation in intercollegiate athletics.

    Compensation received for name, image and likeness activities may not be used as a basis to reduce or cancel any Student-Athlete's athletics aid.  However, Student-Athletes should be aware that any income received by a Student-Athlete could impact the Student-Athlete's eligibility for need-based federal and state financial aid.

  4. Disclosure and Review of Contracts

    A SUNY campus must implement the following disclosure procedures for Student-Athlete contracts for compensation from usage of the student Athlete's name, image, and likeness.  A SUNY campus must engage in pre-execution disclosure and review, in order to ensure there are no conflicts with the Team Contract, NCAA rules, campus rules, and/or any other legal or compliance mechanisms.

    Prior to execution of a contract by a Student-Athlete, the Student-Athlete must disclose the prospective contract to the designated institutional officer for review.
    A Student-Athlete who enters into a contract providing compensation to the Student-Athlete for use of the Student-Athlete's name, image and likeness must disclose the contract to the designated institutional officer perform executing the contract.  The disclosure form will be provided to all Student-Athletes.  Before executing any contract, the student Athlete must submit the disclosure form within the time proscribed by the campus for review.

    A Student-Athlete may not enter into a contract providing compensation to the Student-Athlete for use of the Student-Athlete's name, image, and likeness if a provision of the contract causes a conflict, including if the proposed contract would:

    • cause the student to violate the Team Contract;
    • cause the student to violate the institution's student handbook or code of conduct;
    • conflict with an existing contract or sponsorship the institution participates in;
    • reasonably be judged to cause financial loss or reputational damage to the institution;
    • would require actions by the player during team activities;
    • use the institution's name, brand, copywritten materials, trademarks, service marks, symbols, nicknames, trade dress; insignia, mascot, uniform styles, colors, imagery, campus landmarks, or any other intellectual property of the institution;
    • would require the student to display a sponsor's product, logo, brand, or other indicia, or otherwise advertise for a sponsor, during official team activities or any other time, and such sponsor is a competitor of, or offers products or services within the same category as a sponsor of the institution; or
    • Other potential conflicts that could cause harm to the institution.

    A campus asserting a conflict described above must disclose the relevant contractual provisions that are in conflict to the Student-Athlete or the Student-Athlete's legal representation.  However, the campus is not required to disclose any financial terms of the contract in question unless otherwise required by law.

  5. Role of SUNY Campuses

    SUNY is not responsible for any tax liabilities or other costs incurred by individual Student-Athletes as a result of the Student-Athlete's personal choice to engage in name, image, and likeness activities for compensation.

  6. Use of SUNY Intellectual Property Prohibited Without a License

    Student-Athletes, like all other students and employees of SUNY, may not use the SUNY name, trademarks, service marks, logos, symbols, or any other intellectual property, whether registered or not, without appropriate licensing approval from the Student-Athlete's SUNY campus.

    SUNY campuses have wide discretion in regard to granting licenses of their intellectual property and nothing in this Policy shall be construed as guaranteeing that any specific request for a license to use a SUNY campus' intellectual property will be granted.

  7. Professional Advisors/Representation

    Student-Athletes may retain and use the services of professional advisors to assist them in their name, image, and likeness activities, such as marketing agents, tax advisors, legal advisors, and others.  Student-Athletes must pay the normal costs and fees associated with such services.  However, Student-Athletes should be aware that employing an agent for the purpose of negotiating with professional athletic teams or professional athletic organizations may jeopardize their eligibility for collegiate athletics.

    SUNY campuses shall not provide such services nor be responsible for any costs associated with these services, except services that are available to all students at the institution which Student-Athletes are eligible to use in the same manner as any other enrolled student.

    SUNY campuses, including its employees, contractors, representatives, and agents, may not create or facilitate a relationship between a professional service provider and any student athlete. 


Definitions

Student-Athlete(s): Any enrolled student participating in NCAA athletics programs at their SUNY campus.

Team Contract: Any written agreement between a Student-Athlete and an institution, or division, department, program, or team thereof, which includes goals and objectives, standards, prohibitions, broadcast, advertising or marketing rights or consents, rules, or expectations applicable to the Student-Athletes.


Other Related Information

There is no related information relevant to this policy.


Procedures

There are no procedures relevant to this policy.


Forms

Sample Disclosure for Name, Image, and Likeness Contracts

Sample Policy Acknowledgment


Authority

Education Law § 355(1)(a)

NCAA Name, Image and Likeness Interim Rule

NJCAA Bylaw on Name, Image and Likeness

 


History

State University of New York Board of Trustees Resolution 22-11 adopted January 25, 2022.

 


Appendices

There are no appendices relevant to this policy.