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Name, Image, and Likeness

Catawba College's Name, Image, and Likeness Policy

 

I. Purpose

This Policy sets forth the requirements for Catawba College (“Catawba”) student-athletes’ use of their name, image, and/or likeness (“NIL”) in accordance with NCAA guidelines and state and Federal law, when applicable. Catawba is committed to ensuring its policy and procedures regarding NIL are in accordance with state, federal and NCAA legislation. This Policy sets forth the procedures and requirements for student-athlete use of NIL, provide opportunities for Catawba student-athletes, and allow Catawba student-athletes to benefit from the use of their NIL. As regulatory agencies and governments continue to discuss the importance of creating federal NIL legislation, Catawba adopts the following guidelines and policies to ensure compliance with all state, system, Catawba, SAC, and NCAA mandates.

II. NIL Defined

NIL activities are activities in which a prospective or current student-athlete or student-athlete’s name, image, and likeness or personal appearance is used for promotional purposes by a noninstitutional entity, including the individual prospective or current student-athlete, a commercial entity, or a noninstitutional non-profit or charitable entity. Such use may be compensated or uncompensated.

III. Rules Applicable to Student-Athletes Use of NIL

A. A Catawba student-athlete may receive NIL payments for use of the student-athlete’s NIL. Catawba will not reduce or revoke a student-athlete’s athletic eligibility, grant-in-aid, scholarship, education benefits, or otherwise impose an adverse consequence against a student-athlete as a result of his/her receipt of payment for the use of NIL or obtaining professional representation, unless in doing so the student-athlete violates any applicable law, NCAA bylaw, institutional policy, team policies, or procedures or rules adopted under this Policy.

B. The following rules apply to Catawba student-athletes who choose to allow third parties to use their NIL for compensation (e.g. money, apparel, products, social media, etc.) or pro bono.

1. Prospective student-athletes must comply with any applicable state or federal NIL laws, and upon becoming a Catawba student-athlete must conform their NIL activities to this Policy and any applicable NCAA and/or SAC requirements.

2. The use of a student-athlete’s NIL may not be related to pay-for-play or any improper recruiting inducements by Catawba and/or its representatives with an athletic interest (e.g. boosters) including, but not limited to:

   - NIL agreement without quid pro quo (e.g. compensation for work not performed)
   - NIL compensation provide or offered contingent on initial or continued enrollment at Catawba.

   - NIL compensation contingent on specific athletic performance or achievement (e.g. financial incentives based on points scored). Athletic performance may enhance a student-athlete’s NIL value, but athletic performance may not be the consideration for NIL compensation.

   - Benefits provided to student-athletes that are inconsistent with institutional policies (e.g. benefits or arrangements not available to the general student body).

3. A Catawba student-athlete may not engage in any NIL activity in a manner conflicting with a term of a Catawba contract during any department or team related activities (e.g. practice, competition, team meals, or travel). For example, Catawba has a specific contract with Nike, and Catawba student-athletes are not to engage in or promote competitors of this company at any department or team related activity.

4. A Catawba student-athlete is highly discouraged from engaging in any NIL activity promoting products or services related to alcohol, tobacco products, sports gambling, or performance-enhancing supplements on the NCAA’s banned drug list.

5. A Catawba student-athlete may not engage in any NIL activities during any department or team related activities (e.g. practice, competition, team meals, or travel).

6. A Catawba student-athlete may not use the name, symbols, logos, trademarks, facilities, and images associated with Catawba unless he/she obtains specific approval for such use in advance and in accordance with Catawba policy.

7. A Catawba student-athlete must disclose NIL activities to the Director of Athletics or his/her designee within a reasonable time using the NIL Disclosure Form on ARMS.

IV. Professional Representation

A Catawba student-athlete may obtain professional representation, engaged by the student-athlete, for the purpose of securing payments for use of the student-athlete’s NIL, or otherwise advising the student-athlete concerning NIL. All representation should be disclosed to Director of Athletics or his/her designee using the NIL Disclosure Form on ARMS.