Houghton University (the “University”) supports student-athletes receiving compensation for the use of their name, image and likeness from sources outside the University. “Compensation” means any form of payment, including but not limited to cash, gifts, in-kind items of value, discounts, social media compensation, payments for licensing or use of publicity rights, and payments for other intellectual or intangible property rights.
In accordance with New York State law and NCAA Policy, Houghton University and the Department of Athletics have developed specific policies to address name, image or likeness activities (“NIL activities”) of student-athletes. A student-athlete’s failure to comply with this policy may result in penalties imposed by the NCAA and/or Houghton University that could impact the student-athlete’s eligibility to participate in intercollegiate athletics. These guidelines apply to a student-athlete when they initially enroll as a full-time student or when they begin official practice at Houghton University, whichever occurs first.
Name, Image and Likeness Defined:
An NIL activity includes any situation in which a student-athlete’s name, image (photograph), likeness (drawing or other representation of the student-athlete’s appearance), or personal appearance is used for promotional purposes by an entity other than the University, including the individual student-athlete, a commercial entity, or a noninstitutional nonprofit or charitable entity. While such activities may provide compensation for a student-athlete, those activities that do not provide compensation are also covered under this policy. Student-athletes’ use and monetization of their name, image, or likeness may involve a wide range of activities, including but not limited to:
- Traditional commercials or advertisements for products or services,
- Student-athletes developing and promoting their own business
- Personal appearances
- Student-athletes running their own camps or clinics
- Providing private lessons (and using their name or image to promote those lessons)
- Sponsored social media posts
- Autograph sessions
Institutional Disclosure Requirements:
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DOWNLOAD the Name, Image & Likeness Form]
Student-athletes are required to disclose (see link to document above) to Houghton the contact information for all parties involved in the use of their name, image, or likeness, as well as any involved professional service providers. The student-athlete must also disclose compensation arrangements and the details of their relationship with involved parties.
Student-athletes must disclose the proposed NIL activities to the University at least seven (7) days prior to committing to said activities. If arrangements and details of agreements to promote a commercial product or service are amended, the student-athlete must provide notice at least seven (7) days prior to the effective date of the change.
Compliance officer will review all disclosures for compliance with University, NCAA, and State of New York guidelines.
A student-athlete that receives additional compensation outside of the disclosed NIL agreement could jeopardize his or her eligibility.
Failure to disclose NIL Activity in advance could lead to violations of NCAA, University, or State of New York violations that would potentially impact eligibility.
University Restrictions:
A student-athlete may not enter into an agreement with a third-party that conflicts with any existing sponsorship agreements. If the University identifies a conflict between the student-athlete’s NIL activities and an existing sponsorship agreement between the University and a third party, the University shall inform the student-athlete of such a conflict so the student-athlete has the opportunity to negotiate a revision of NIL activities agreement with the third party. That revision is also subject to additional review and approval by the University.
Student-athletes may not enter into an apparel contract that requires the student-athlete to display a sponsor’s apparel, or otherwise advertise for a sponsor, during official team activities if the provision is in conflict with a provision of the student’s University’s team contract.
Student-athletes may not engage in NIL activities while participating in required University activities or while representing the University.
Student-athletes will not be permitted to use colors, logos, or images, including the University’s marks, which identify the University in any NIL activities.
A student-athlete may state they are a student-athlete at Houghton and list personal or athletic accolades. You may not imply, directly or indirectly, that Houghton University is endorsing your NIL activities or any products or services associated with your NIL activities.
Student-athletes may not use the University’s facilities for any NIL activities, with the exception of use for teaching lessons or for a camp/clinic, provided the rental agreement is in line with that available to the general public or outside organization.
While a student-athlete is permitted to engage in NIL activities on the University’s campus, all activities are subject to applicable University policies and procedures regarding third-parties and commercial ventures.
Student-athletes may not miss required educational obligations (e.g. class, exams or scheduled tutor/mentor sessions) or required team activities for any NIL activities.
A student-athlete’s involvement in NIL activities will not relieve the student-athlete from the obligation to comply with all NCAA and University academic standards, requirements, regulations or obligations; team rules of conduct or other applicable rules of conduct; standards or policies regarding participation in intercollegiate athletics; or disciplinary rules and standards generally applicable to Houghton University students.
A student-athlete may obtain professional representation (agent or attorney) for advice, contract representation, and the marketing of their NIL, so long as the professional representation is NOT representing the student-athlete in securing professional athletic opportunities. Student-athletes must compensate their agent or attorney with their regular rate. Failure to do so may jeopardize the student-athlete’s intercollegiate eligibility.
Prohibited Activities:
Student-athletes may not receive compensation which is conditioned or contingent on enrolling at, or continuing enrollment at any specific collegiate institution, or on any specific athletic performance or achievement.
Student-athletes may not enter into agreements for use of their name, image or likeness in any Prohibited Sponsorship Category. In the event that a student-athlete enters into agreement in a Prohibited Sponsorship Category, the student-athlete shall be required to terminate such agreement.
A “Prohibited Sponsorship Category” is any sponsorship agreement in certain categories, with specific entities or with specific identified individuals that are in conflict with existing University contracts, University policies, or for any other reason determined in good faith by the University. Prohibited Sponsorship Categories include, but are not limited to:
- Gambling or sports wagering, and vendors associated with gambling or sports wagering
- Adult entertainment, and vendors associated with adult entertainment
- Alcohol, and vendors associated with alcohol products
- Tobacco, and vendors associated with tobacco products
- Marijuana, and vendors associated with marijuana products
- Products or services that are illegal
- Substances that are on the NCAA Banned Substance List
- Activities which are, in Houghton’s sole judgment, misleading, offensive, or in violation of a statute, law, ordinance, NCAA bylaw or any University contract obligation
- Activities that adversely affect the University’s reputation
- Activities that endorse businesses or brands that are engaged in activities inconsistent with the University’s mission
- Activities that ridicule, exploit or demean persons on the basis of their age, color, creed, physical or mental disability, national origin, citizenship, veteran status, marital status, race, religion, sex, or gender
Houghton reserves the right to restrict other categories of companies, brands or types of contracts that are similar to the above industries (or other areas that are permitted under New York law) if Houghton communicates this information to the SA before they enroll at the University.
Student-athletes may not sell or trade any equipment, apparel, or awards provided to them by the University as part of any NIL activities.
Student-athletes may not enter into an agreement for NIL activities unless the compensation to be paid to the student-athlete is for work actually performed and is at a rate reflecting fair market value.
University Involvement:
Neither the University nor any University staff member may be involved in the development, operation or promotion of any student athlete’s NIL activities. Further, University staff members may not enter into agreements with, or benefit from, a student-athlete’s NIL activities.
Additional Guidance:
International student-athletes should seek legal counsel regarding the impact of any NIL activity upon their visa status.
Student-athletes should be aware that income from NIL activities would likely be considered taxable income. Student-athletes should consult with an appropriate tax professional about the tax implications of any compensation they earn.
Any income received by a student-athlete could impact that student-athlete’s eligibility for need-based financial aid.
