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Southeastern NIL Policy

Southeastern Louisiana University

Office of Compliance Name, Image and Likeness (NIL) Policy


I. GENERAL POLICY

In accordance with Louisiana state law (SB60), a student-athlete enrolled in a state postsecondary educational institution is permitted to benefit from the use of their name, image and likeness (NIL) in ways
that are consistent with policies issued by the NCAA, University of Louisiana System (“ULS” or the “System”) and Southeastern Louisiana University. Participation in intercollegiate athletics should not infringe upon the
student-athlete’s rights to earn compensation for their NIL when they are not engaged in official team activities, or from obtaining professional representation to secure name, image and likeness opportunities.
Additionally, Southeastern Louisiana University may not provide or solicit a prospective student-athlete with compensation for use of their name, image or likeness.


II. DEFINITIONS

Student-Athlete Name, Image and Likeness (NIL): An initiative to allow a student-athlete the opportunity to benefit from the use of their NIL in ways that are consistent with the recommendations by the NCAA.

Examples of how student-athletes could use their NIL (not an exhaustive list):
  1. Promote their own business
  2. Promote a corporate entity (e.g., brand ambassador, social media influencer)
  3. Establish their own camp/clinic
  4. Make an appearance at any location and receive compensation
  5. Sign autographs and receive compensation
Athlete Agent: Any individual who, directly or indirectly, represents or attempts to represent an individual for the purpose of marketing his/her athletics ability or reputation for financial gain or seeks to obtain any type of financial gain or benefit from a student-athlete’s potential earnings as a professional athlete.

Athletic Booster: A person or "representative of the institution's athletics interests" is an individual, independent agency, corporate entity (e.g., apparel or equipment manufacturer) or other organization who is known (or who should have been known) by a member of the institution or athletics administration to:
  1. Have participated in or to be a member of an agency or organization promoting the institution's intercollegiate athletics program;
  2. Have made financial contributions to the athletics department or to an athletics booster organization of that institution;
  3. Be assisting or to have been requested (by the athletics department staff) to assist in the recruitment of prospective student-athletes;
  4. Be assisting or to have assisted in providing benefits to enrolled student-athletes or their family members; or
  5. Have been involved otherwise in promoting the institution's athletics program.

Athletic Eligibility: A term used to reference whether a student-athlete is “eligible” to compete for a postsecondary education institution’s intercollegiate athletics program.

Athletic Program: The intercollegiate athletics department of a postsecondary education institution.

Attorney: A person appointed to act for another in business or legal matters.

Disclosure Agreement: An agreement that discloses the amount and/or terms of a proposed contract or opportunity for a student-athlete to profit off of their NIL.

Endorsement: An act of giving one’s public approval or support to someone or something.

Grant-in-Aid (including Cost of Attendance): Athletically related financial aid to assist a student-athlete with costs associated with attending a postsecondary education institution.

Student-Athlete: A student who is enrolled at a postsecondary education institution and participates in a sponsored sport of the postsecondary education institution’s athletics department.

Institutional Staff Member: An officer, director, employee or agent of a postsecondary education institution.

Market Value: A rate of compensation to a student-athlete for the use of their NIL based on a current and
open market.

Postsecondary Education Institution: Southeastern Louisiana University, or as defined by a Louisiana public/non-public college that receives or disburses state student financial assistance, which includes
scholarships and grants.

Prospective Student-Athlete: An individual who has started classes for the ninth grade in high school.

Recruiting Inducement: An arrangement or other direct or indirect method to give or offer to give a prospective student-athlete or their family that is not expressly permitted by NCAA regulations.

Team Contract: Any agreement between a student-athlete and a postsecondary education institution that could impact the student-athlete's eligibility to participate in intercollegiate athletics, including, but not
limited to, scholarship agreements or participation agreements.

Official Team Activities: Southeastern Louisiana University defines “official team activities” as any activity with an athletic or academic purpose involving student-athletes and at the direction of, or supervised by, one or more of the institution’s coaching or administrative staff. Such activities include, but are not limited, to the following:
  • Practices
  • Competition, including travel to and from away from home contests
  • Mandatory class attendance
  • Academic study hall
  • Community service events
  • Organized team promotional events
  • Compliance meetings


III. STUDENT-ATHLETE’S COMPENSATION GUIDELINES

A student-athlete at a postsecondary education institution may earn compensation for the use of their NIL provided:
  1. The compensation is not provided in exchange of athletics performance;
  2. The compensation is not provided for attendance at a particular postsecondary education institution (for recruiting purposes);
  3. The compensation is commensurate with market value; and
  4. The compensation is not provided by the postsecondary education institution, an entity whose purpose includes supporting or benefitting such postsecondary education institution or its intercollegiate athletics program, or an officer, director, employee or agent of the postsecondary education institution or entity.

The compensation earned by the student-athlete in a manner consistent with the guidelines outlined herein will not affect the student-athlete’s grant-in-aid or athletics eligibility. The grant-in-aid (including cost of attendance) that is awarded to a student-athlete by a postsecondary education institution shall not be considered compensation and shall not be revoked or reduced as a result of a student-athlete’s earnings through a permissible NIL agreement.
 

IV. INSTITUTIONAL INVOLVEMENT

A postsecondary education institution may not prevent a student-athlete from earning compensation for their NIL; however, a postsecondary education institution may prohibit a student-athlete from using their NIL for compensation if such opportunity conflicts with an existing institutional sponsorship agreement/contract or goes against the values of the postsecondary education institution. A postsecondary education institution may also prohibit a student-athlete from using their NIL for compensation if such opportunity conflicts with existing NCAA, Southland Conference, Southeastern Louisiana University or the State of Louisiana guidelines.
  1. Each postsecondary education institution shall have the right, at its own discretion, to determine conflicts noted above and shall inform their student-athletes of such policies.

An institutional staff member of a postsecondary education institution shall not be involved in arranging compensation for a student-athlete, or providing compensation themselves.

Athletics boosters or “representatives of the institution’s athletics interest” are prohibited from creating or facilitating NIL compensation opportunities to a prospective student-athlete as a recruiting inducement or current student-athlete as an extra benefit to remain enrolled at his or her respective postsecondary institution.
 

V. USE OF INSTITUTIONAL LOGOS

A student-athlete shall not use a postsecondary education institution’s facilities, uniforms, registered trademarks, products protected by copyright, or official logos, marks, or colors without the express written permission of the postsecondary education institution.
 

VI. REPRESENTATION FROM AGENT/ATTORNEY

The postsecondary education institution may not prevent or restrict a student-athlete from obtaining representation by an athlete agent or an attorney for the sole purpose of representing the student-athlete in matters pertaining to the use of the student-athlete’s NIL.

Any representation by an athlete agent obtained by a student-athlete for the purpose of representing the student-athlete in matters pertaining to the use of the student-athlete’s NIL shall be from an individual registered with the state in accordance with, and in compliance with, the provisions of Chapter 7 of Title 4 of the Louisiana Revised Statues of 1950. However, notification provisions of R.S. 4:424 (D)(3) is not required when an athlete agent contacts a student-athlete for the sole purpose of representing the student-athlete in matters pertaining to the use of the student-athlete’s NIL.

Any representation by an attorney obtained by a student-athlete for the purpose of representing the student-athlete in matters pertaining to the use of the student-athlete’s NIL, shall be licensed to practice law. The documentation shall be on file with the postsecondary education institution’s compliance office.
 

VII. EDUCATION/WORKSHOP

The postsecondary education institution is committed to educating all student-athletes, staff and third parties on all matters related to NIL. The postsecondary education institution shall conduct a financial literacy and life skills educational workshop in areas including, but not limited to:
  1. financial aid;
  2. debt management;
  3. budget information; and
  4. time management.

The education provided shall be for a minimum of five hours total and shall be provided annually. The postsecondary education institution shall provide education to its student-athletes on:
  • the process to gain express permission by the postsecondary education institution to use its facilities, uniforms, registered trademarks, products protected by copyright, and official logos, marks, or colors for the sole purpose of the student-athlete’s NIL;
  • the process to disclose any agreements with an athlete agent and/or attorney for the purpose of the student-athlete’s NIL;
  • the method used to disclose any agreements using the student-athlete’s NIL; and,
  • endorsements by student-athlete’s NIL that are prohibited in the following areas: tobacco, alcohol, illegal substances or activities, banned athletic substances, and gambling.
 

VIII. ADDITIONAL GUIDELINES AND REQUIREMENTS

A contract for compensation for the use of the NIL of a student-athlete under 18 years of age shall be executed on the student-athlete’s behalf by their parent or legal guardian.

A student-athlete shall not enter into a contract for compensation for the use of their NIL if a term of the contract conflicts with a term of the student-athlete’s athletics program’s team contract.

A student-athlete must disclose any agreements made for the use of their NIL to the postsecondary education institution five (5) business days before the agreement goes into effect. Individual institutions can implement policies and procedures for rushed approval if they so choose.

Any compensation earned by a student-athlete shall not be for an endorsement of tobacco, alcohol, illegal substances or activities, banned athletic substances, or any form of gambling. Each postsecondary education institution or the postsecondary education institution’s athletics program shall have the discretion to determine what constitutes an endorsement of a prohibited area in these categories.

The duration of a contract for representation of a student-athlete or compensation for the use of a student-athlete’s NIL shall not extend beyond their participation in an athletics program at a postsecondary education institution.

DISCLOSURE AND REPORTING

Prior to entering into an agreement for the use of a student-athlete’s name, image or likeness, the student-athlete must disclose the proposed contract or opportunity through the official NIL Disclosure Agreement

Form within five (5) business days of the proposal. The form will be available through the ARMS compliance software and via the institutional athletic department’s website. Approval or denial of NIL opportunities shall be made at the discretion of the Athletic Director and/or the Assistant to the President for Athletics Compliance and shall be provided within five (5) business days of receipt of the NIL Disclosure Agreement Form. The student-athlete and/or the student-athlete’s representative shall resolve any conflicts that result in the denial of the opportunity within five (5) business days of the notice. The ultimate and final approval will be left to the discretion of the Athletic Director. Once the student-athlete receives an approval, they must then submit the final contract / disclosure form through NOCAP Sports or directly to the Office of Compliance.

NOCAP SPORTS PLATFORM

NOCAP Sports is the official platform for Name, Image and Likeness for Southeastern Louisiana Athletics and its student-athletes. NOCAP’s mission is to give every athlete regardless of school, sport, level or background, equal access to the best technology and resources to maximize their name, image and likeness. Required education on financial literacy and NCAA compliance will be provided through the NOCAP platform. Each student-athlete that will utilize the opportunity to profit off of their NIL will be required to utilize this platform for education requirements and discloser agreements. The NOCAP platform will allow businesses to connect with student-athletes; however, it is only required that finalized agreements be submitted through this platform in accordance with the deadlines outlined above.

RESTRICTED OPPORTUNITIES

Southeastern Louisiana student-athletes may not enter into a contract or obtain an opportunity for use of their name, image and likeness if compensation is provided in exchange for their athletic performance or attendance at the university. Endorsement of alcohol, illegal drugs, tobacco products (including e-cigarettes), anabolic steroids, gambling, firearms or sexually oriented businesses are strictly prohibited. Additionally, the duration of the contract may not extend beyond the student-athlete’s participation in the Southeastern Louisiana athletics program. Southeastern Louisiana University holds the right to prohibit or deny such opportunities that conflict with existing or future contractual agreements. Finally, property owned by Southeastern Louisiana University, including intellectual property, logos and symbols, may not be used in conjunction with a student-athlete’s name, image and likeness opportunity.
 

IX. ENFORCEMENT / SANCTIONS

Each postsecondary education institution will adopt its own enforcement guidelines and sanctions when a student-athlete does not abide by the polices set forth in this document. Violations may result in roster removal and scholarship termination.
 

X. CONTACTS

Jay Artigues – Athletic Director – jartigues@southeastern.edu
Justin Bice – Assistant to the President for Athletics Compliance – Justin.Bice@southeastern.edu
 

XI. SOURCES

  • Louisiana Laws Title 4, Chapter 7
  • NCAA Division I Name, Image and Likeness Legislative Solutions Group- Legislative Recommendations (Updated: October 8, 2020)
  • State of Louisiana Bill SB 60