NIL Policy

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Student-Athletics Name, Image Likeness Policy

Illinois College supports student-athletes receiving compensation for the use of their names, images, and likenesses from sources outside the College. 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 conjunction with Illinois Senate Bill 2338 and NCAA Policy, Illinois College and the Department of Athletics have developed this policy to address the name, image, and likeness activities of student-athletes. A student-athlete’s failure to comply with this policy may result in penalties imposed by the NCAA and/or Illinois College that could impact a student-athlete’s eligibility to participate in intercollegiate athletics.

This policy applies to any student-athlete immediately upon enrollment as a full-time student.

In the event of a conflict between this Policy and Illinois law and/or NCAA Policy, Illinois law and/or NCAA Policy shall prevail.

Name, Image, and Likeness Defined:

A name, image, and likeness (“NIL”) activity includes any situation in which a student-athlete’s NIL or personal appearance is used for promotional purposes by a non-College entity, including the individual student-athlete, a commercial entity, or a non-profit or charitable entity unrelated to the College. While such activities may provide compensation to a student-athlete, those activities that do not provide compensation are also covered by this Policy. A student-athlete’s use and monetization of his/her NIL 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 his/her own business
• Personal appearances
• Student-athletes running his/her own camps or clinics
• Providing private lessons (and using his/her name or image to promote those
lessons)
• Sponsored social media posts
• Autograph sessions
• Testimonials for a product or service

College Disclosure Requirements:

Student-athletes are required to disclose to the College contact information for all parties involved in the use of his/her NIL, as well as any involved professional service providers. The student-athlete must also disclose to the College compensation arrangements and the details of his/her relationship with involved parties.

Student-athletes must disclose the proposed NIL activities to the College 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 to the College at least seven (7) days prior to the effective date of the change.

Compliance officer, Caitlyn Moody (caitlyn.moody@ic.edu), will review all such disclosures to confirm compliance with College, NCAA and State of Illinois requirements.

A student-athlete who receives additional compensation outside of the disclosed NIL agreement could jeopardize his/her eligibility to participate in College athletics.

Additionally, failure to disclose NIL activity in advance could lead to NCAA, College, or State of Illinois violations that would potentially impact the student-athlete’s intercollegiate eligibility status.

College Restrictions:

A student-athlete may not enter into an agreement with a third-party that conflicts with any existing sponsorship agreements. If the College identifies a conflict between the student-athlete’s NIL activities and an existing sponsorship agreement, the College shall inform the student-athlete of such a conflict so the student-athlete has the opportunity to negotiate a revision of the NIL activities with the third-party. That revision is also subject to additional review and approval by the College.

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 College’s team contract.

Student-athletes may not engage in the NIL activities while participating in required College activities or while representing the College.

Student-athletes will not be permitted to use colors, logos, or images, including College marks, which identify the College in any NIL activities. A student-athlete may state they are a student-athlete at Illinois College and list personal or athletic accolades. The student-athlete may not imply, however, directly or indirectly, that the College is endorsing their NIL activities or any products or services associated with their NIL activities.

Student-athletes may not use College facilities for any NIL activities, with the exception of use for teaching lessons or for a camp/clinic, provided such activities are approved by the College, and 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 College’s campus, all activities are subject to applicable College 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 College 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 College students.

A student-athlete may obtain professional representation (i.e., agent or attorney) for advice, contract representation, and the marketing of his/her NIL activities as long as the professional representation is NOT representing the student-athlete in securing professional athletic opportunities. The student-athlete must compensate his/her agent or attorney at his/her regular rate. Failure to do so may jeopardize the student-athlete’s intercollegiate eligibility status.

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. A student-athlete may not enter into agreements for use of his/her NIL in any Prohibited Sponsorship Category as defined below. In the event that a student-athlete enters into an 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 specifically identified individuals that are in conflict with existing College contracts, College policies, or for any other reason determined in good faith by the College. 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
• Alternative or electronic nicotine product or delivery system
• Performance enhancing supplements
• Substances that are on the NCAA Banned Substance List
• Activities which are, in the College’s sole judgment and discretion, misleading,
offensive, or in violation of a statute, law, ordinance, NCAA bylaw, or any College
contract obligation
• Activities that adversely affect the College’s reputation
• Activities that endorse businesses or brands that are engaged in activities
inconsistent with the College’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

The College reserves the right to restrict other categories of companies, brands, or types of contracts that are similar to the above industries (or other areas as permitted under Illinois law) by communicating this information to its student-athletes.

Student-athletes may not sell or trade any equipment, apparel, or awards provided to them by the College as part of any NIL activities.

Student-athletes may not enter into an agreement for NIL activities unless the compensation to be paid the student-athlete is for work actually performed and is at a rate reflecting fair market value.

College Involvement:

Neither the College nor any College staff member may be involved in the development, operation or promotion of any student-athlete’s NIL activities. Further, College staff members may not enter into agreements with, or benefit from, a student-athlete’s NIL activities.

Additional Guidance:

International student-athletes should seek guidance regarding the impact of any NIL activities 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.

Midwest Conference Guidelines:

The Midwest Conference (“MWC”) brand is a representation of the league’s history and philosophy; it is to be used to strengthen and maintain the conference’s identity.

Use of MWC Logos

Any and all logos, marks or branding identifiers of the MWC are the intellectual property of the MWC and any unauthorized or non-compliant use is strictly prohibited.

Core and Affiliate Members:

Only the MWC Office and its core and affiliate member institutions may use the MWC’s logos. Only those versions of MWC logos posted on the MWC Administration Site shall be used. Any variations made by member Colleges, including any added verbiage, slogans or color changes, must be approved by the MWC Office Executive Director and/or Assistant Executive Director.

Other Entities:

Use by all other entities, including MWC student-athletes and coaches for financial gain (inclusive of camp promotions), is strictly prohibited without prior written permission from the MWC Executive Director.

Student-athletes and prospective student-athletes may not use MWC logos as part of any NIL activities without prior written permission from the MWC Executive Director. All requests must be submitted via the MWC online portal.

MWC will not be involved in arranging any NIL activities for student-athletes, nor engage with third-party entities regarding NIL opportunities.

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NIL Policy