Name, Image, and Likeness

EFFECTIVE DATE
The NCAA has adopted guidance governing student-athletes’ Name, Image, and Likeness (“NIL”) activities as of July 1, 2021. Any agreements involving Name, Image, and Likeness entered into prior to July 1, 2021 are not covered under the NCAA or Quincy Athletics policies and would be subject to previous NCAA Rules regarding NIL, including mandatory reporting of violations for those Rules.
Quincy Athletics and our student-athletes must follow the NCAA Rules and this Quincy Athletics policy. Student-athletes, Quincy staff, or other third parties should consult with Quincy Athletics Compliance regarding the NCAA Rules and this policy prior to engaging in NIL activities that involve Quincy Athletics student-athletes beginning July 1, 2021.

NAME, IMAGE, AND LIKENESS ACTIVITIES
Subject to the NCAA rules and this Quincy Athletics policy, Quincy student-athletes may use their NIL in a variety of ways that may include, but it not limited to:

Promoting their own business,
Promoting or endorsing a corporate entity (e.g., a brand ambassador or social media influencer);
Conducting camps, lessons, or clinics;
Making appearances; or
Signing autographs.

Student-athletes who are unsure of whether a particular activity may fall under this policy should consult with Quincy Athletics Compliance prior to entering any agreement for the activity.

COMPENSATION FOR NIL ACTIVITIES
Quincy student-athletes may receive compensation, either in-kind or monetarily, for engaging in NIL activities. Such compensation must be within fair market value. Such compensation must be for work actually performed.
Quincy student-athletes are allowed to enter into legitimate NIL agreements with representatives of athletics interest (“boosters”), provided the agreement meets the requirements set forth in the “Restrictions” section, including restrictions against recruiting inducements and “pay-for-play.”

RESTRICTIONS
Student-athletes must not use their NIL to promote:

Gambling,
Alcohol products,
Tobacco and/or vaping products,
Adult entertainment,
Substances banned by the NCAA, or
Products or services that are illegal

Furthermore, an agreement is restricted if the agreement:

Is without quid pro quo (eg., compensation provided for the work not performed),
Is contingent upon enrolling or remaining at a particular institution (recruiting inducement),
Compensates based on athletic participation or achievement (“pay-for-play”).

Athletic performance may enhance a student-athlete’s NIL value, but athletic performance may not be the “consideration” for NIL compensation,

Requires the student-athlete to engage in NIL activities during the course of official team activities, which include competitions, practices, and team gatherings and meetings,
Interferes with the student-athlete’s academic obligations,
Extends beyond a student-athlete’s athletic eligibility at Quincy University, or
Is in conflict with a provision of a contract entered into by Quincy University, Quincy Athletics, or an affiliated entity. Please refer to “Disclosure of NIL Activities” section for more information on contractual conflicts.

Quincy University, Quincy Athletics, or staff members may not compensate or arrange compensation to a current or prospective intercollegiate student-athlete for her or his name, image, or likeness. Neither Quincy University nor Quincy Athletics shall not enter into a contract that prevents a student-athlete from receiving compensation for using the student-athletes name, image, likeness rights or athletic reputation for a commercial purpose when the student-athlete is not engaged in official team activities.

DISCLOSURE OF NIL ACTIVITIES
The purpose for disclosure requirements is for the Quincy Athletics Compliance Office to monitor compliance with NCAA rules and QU policies. It is not an approval process.
A current student-athlete who enters into a contract providing compensation to the student-athlete for the use of the student-athlete’s name, image, likeness rights or athletic reputation shall disclose the contract to Quincy Athletics Compliance by completing the NIL Disclosure Form within five (5) business days of the date of signature of the contract by the student-athlete. Quincy Athletics highly recommends that student-athletes complete the NIL Disclosure Form prior to the start of the NIL activity whenever possible so that Quincy Athletics Compliance can ensure the activity does not jeopardize the student-athlete’s eligibility.
Transfer student-athletes are required to disclose any contracts entered into prior to enrolling at Quincy University within fifteen (15) days of matriculation at Quincy University. Disclosures should be made by utilizing the NIL Disclosure Form link which can be found on the Quincy Athletics page under Name, Image and Likeness.
In the event that Quincy University, Quincy Athletics, or an affiliated entity asserts a conflict as described in the “Restrictions” section, that conflict shall be disclosed to the student-athlete and the student-athlete’s professional representative, if applicable, within 5 business days of receiving the NIL Disclosure Form. If Quincy Athletics Compliance believes review of the full agreement will assist in further investigating the potential conflict, then Quincy Athletics Compliance shall request a copy of the full agreement at the time of disclosure of the conflict to the student-athlete. The student-athlete or the student-athlete’s professional representative shall then have 5 business days to provide a copy of the full written agreement to Quincy Athletics Compliance.

USE OF AGENTS OR PROFESSIONAL SERVICES
Quincy student-athletes are encouraged to obtain professional advice to assist them with NIL activities. The use of an agent, as defined by NCAA bylaws, may only be used for NIL activities; student-athletes may NOT enter into agreements for future professional athletics contract negotiations and/or representation. Quincy Athletics Compliance reserves the right to request a copy of the agreement if it believes the agreement creates conflict as described in the “Restrictions” section.
Professional representation on behalf of a student-athlete by an athlete agent or attorney shall only be provided by persons licensed by the state of Illinois law and the Federal Sports Agent Responsibility and Trust Act, 15 U.S.C. Section 1708 et seq., established in chapter 104 of title 15 of the United States Code. Quincy Athletics will not be responsible for any agreement or contractual obligation, whether with an agent or other third party.
The NIL Agent Disclosure Form link can be found on the Quincy Athletics website under Name, Image and Likeness.
Student-athletes cannot enter into any such written or oral agreements for Name, Image, and Likeness before July 1, 2021.

USE OF UNIVERSITY INTELLECTUAL PROPERTY
Student-athletes may reference their attendance at Quincy University and/or their participation in athletics while engaging in NIL activities, but student-athletes are NOT permitted to use Quincy’s intellectual property, including its trademarks, logos, or symbols, to either implicitly or expressly endorse a third party or product without the prior written approval. Approval may be conditioned on:

Review of the content of the proposed endorsement of the product or third-party to ensure use is consistent with Quincy University guidelines for use of its logo, trademarks, and symbols, and/or
Compensation to Quincy University for use of its logos, trademarks, or symbols.

Approval will be determined collaboratively by the Quincy Athletics Communications Office and the Quincy University Community Relations Department.
Student-athletes may autograph and sell officially licensed memorabilia that includes University marks. Per NCAA rules, student-athletes may not sell products provided by Quincy Athletics or awards received for intercollegiate athletic participation while they are a student-athlete.

FACILITY USE
Student-athletes may, subject to availability and subject to terms of a facility use agreement, use Quincy Athletics’ facilities to conduct camps, clinics, or lessons if the student-athlete pays the standard facility rental rate. The use of athletic department facilities will require approval in advance. Therefore, student-athletes wishing to use Quincy Athletics’ facilities must arrange for this use by submitting written scheduling request to the Athletic Director (or designee) AND the Athletics Facilities Manager at least thirty (30) days prior to the event. Facility Use and waiver of liability agreements will be coordinated with the Quincy University Business Office.
Student-athletes may not use Quincy facilities in such a manner that creates the impression – either express or implied – that Quincy expressly or indirectly endorses a third party or product, unless prior written approval is obtained from the Quincy University Vice President for Business Affairs

FINANCIAL AID AND TAX IMPLICATIONS
Student-athletes should be aware that receiving compensation for NIL activities could have an impact on their financial aid, especially for those receiving Pell Grants or other need-based aid.
Quincy Athletics shall not revoke or reduce an athletics grant-in-aid or stipend scholarship as a result of a student-athlete earning compensation in accordance with name, image, likeness activities, unless otherwise required by federal laws or institutional standards governing need-based awards due to income received. An athletic grant-in-aid award from Quincy Athletics is NOT considered compensation for use of a student-athlete’s name, image, likeness rights. Student-athletes are encouraged to consult with the Quincy University Financial Aid Office to fully understand these potential impacts.
Entering into NIL agreements could also present tax implications. Student-athletes should consult with a tax professional regarding these issues.

INTERNATIONAL STUDENT-ATHLETES
All international student-athletes must adhere to all student visa requirements which may include the inability to earn compensation on a student visa. We are awaiting further guidance from the Department of Homeland Security.

PROSPECTIVE STUDENT-ATHLETES
While the NCAA’s interim NIL Policy allows prospective student-athletes (“PSAs”) to engage in the same types of NIL opportunities available to current student-athletes without impacting their eligibility, it is imperative for PSAs to contact their state amateur athletic associations for guidance on NIL activities. Given that rules vary by state, PSAs should consult their state high school athletic association regarding questions pertaining to high school eligibility. Quincy Athletics is not responsible for a PSA’s high school eligibility, and maintaining that eligibility is the sole responsibility of the PSA.
NIL opportunities may not be used as a recruiting inducement, as noted in the “Restrictions” section, and such inducements would impact a PSA’s NCAA eligibility.

RESERVED RIGHTS
Quincy Athletics reserves the right to use a student-athletes name, image, and likeness to the extent and in the form determined in the institution’s sole discretion, at any time for its advertising and marketing related to Quincy University’s athletic, academic, promotional and historical interests. Any contractual provision in a contract between a student-athlete and a third-party sponsor or athlete agent in conflict with this provision is null and void.

OTHER APPLICABLE LAWS, POLICIES, AND GUIDELINES
If any such laws are passed, to the extent such laws would conflict with the language in this policy, those laws would be controlling and it would be the student-athlete’s responsibility to ensure the student-athletes agreements for NIL and professional services are in compliance with those laws.
If a student-athlete is a resident of a state other than Illinois, the student-athlete should also consult that state’s laws to determine their applicability.
Given the ever-evolving nature of NIL, Hawk student-athletes with questions about this new legislation are encouraged to contact Quincy University Athletics by email, athletics@quincy.edu or by telephone, (217)-222-8020.

Information about the NCAA’s Interim Policy can be found here
Illinois State Bill 2338 – Student-Athlete Endorsement Rights Act
NCAA NIL Policy Q&A
Quincy Guide to New NCAA Interim Policy
NCAA New Interim Policy Takeaways
NCAA Cycle of Individual Engaged in NIL Activities
NCAA NIL Consideration for Financial Aid Offices