On June 30, 2021, the NCAA adopted an interim Name, Image, Likeness (NIL) policy to take effect immediately. The interim policy allows student-athletes to engage in activities that involve the use of their name, image, and likeness for commercial or promotional purposes provided it is not considered pay for play or an improper recruiting inducement.
Each NESCAC institution is required to have a Name, Image and Likeness (NIL) policy/practices, which must be shared with student-athletes. This Policy supplements policies adopted by institutions and student-athletes are responsible for complying with both this NESCAC Policy and their institution's policy or practices.
Definition of NIL Activity: An NIL Activity is any activity in which a student-athlete's NIL or personal appearance is used for promotional purposes by an organization or company other than the institution in which they are enrolled or the NESCAC, including for use by the individual student-athlete, a commercial/for profit entity, or a non-profit or charitable entity (e.g., a local YMCA), regardless of whether such use is compensated or uncompensated.
Disclosure: Student-athletes must disclose any NIL Activity opportunities to their institution, which may further disclose to the NESCAC, that will result in compensation five (5) days prior to engaging in the activity or entering into an agreement for future compensation, whichever occurs earlier.
Use of NESCAC Name or Marks: Student-athletes within the NESCAC may state that they play "[insert name of sport] at [institution name]" or that they are "a member of the [insert name of sport] team at [institution name]" to identify themselves in connection with NIL Activity. Student-athletes within the NESCAC may also identify their team as "NESCAC Champions" or similar terms. Student-athletes may not, however, use NESCAC's name in any other manner or any of its logos, marks, nicknames or other intellectual property in connection with non-institutional NIL Activity. Student-athletes must follow their institution's policies, as well as this Policy. Member institutions are responsible for incorporating the requirements of this Policy into their institutional policy/practices.
Conflict with NCAA or NESCAC Policies: Student-athletes may not endorse or enter into business activities in categories that conflict with NCAA legislation (i.e., banned substances and sports wagering) or conference values and policies. The NCAA, the institutions, and the Conference maintain the right to modify their policies in the future. Institutions may or may not maintain a list of banned substances/activities.
Conference Promotional Activities: Student-athletes may be asked to participate in conference promotional activities such as appearances, autograph signings, digital content creation, photo shoots, and similar activities in accordance with existing NCAA rules, but may not be paid by the conference or institutions to participate in any such activity. Student-athletes may opt out of any such activity by notifying their Director of Athletics or the Conference office.
Disclaimer: NESCAC is not liable or otherwise responsible to any student-athlete, non-university entity that engages with a student-athlete, professional service provider or other entity involved with NIL Activity. Student-athletes participate in NIL activity independently and at their own risk of loss of business opportunities, or loss of other compensation, income, benefits, from any source. NESCAC shall have no responsibility for any claims or damages arising from NIL activities of student-athletes at its member institutions. Neither NESCAC nor member institutions are responsible for monitoring, overseeing, or enforcing equity in opportunities, compensation or other considerations provided by outside persons or professional service providers and other entities.
Consequences: At this time, the NCAA lacks specifics regarding consequences for violations of its NIL policy. Student-athletes may be subject to NCAA sanctions up to and including permanent ineligibility to participate in college athletics, for violations of NCAA policy. In addition, student- athletes may be subject to institutional sanctions, up to and including removal from a team, if they are deemed ineligible. Member institutions will keep student-athletes informed of any changes to NCAA rules as well as this Policy.
