Policy on Name, Image & Likeness

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Policy Category and Number: Student Affairs

Effective Date: 05/31/2023

Responsible Officer: Director of Athletics

History: New Policy

Responsible Office: Athletics

Location: Link

Purpose

This policy is intended to provide guidance to Wentworth Institute of Technology (university) student-athletes regarding their ability to benefit from their Name, Image, and Likeness (NIL).

Scope/Availability

This policy applies to all current and prospective NCAA student-athletes at Wentworth Institute of Technology.

Legal

NCAA NIL resources site

Policy

In accordance with NCAA policies, Wentworth Institute of Technology and the Department of Athletics have developed the following policy concerning NIL activities by university student-athletes.

This policy establishes procedures where student-athletes are permitted by the university to (1) earn compensation through an endorsement contract or employment in an activity unrelated to an intercollegiate athletic program; and (2) obtain legal or professional representation of an attorney or sports agent through a written agreement, provided that in each case, the student-athlete complies with the terms and conditions of this policy and applicable law.

A student-athlete's failure to comply with this policy may result in penalties impacting the student-athlete's eligibility to participate in intercollegiate athletics. This policy is intended to assist the university and its student-athletes in their compliance with NCAA policies governing NIL.

Definitions

  • Name, Image, and Likeness (NIL): A personal right of publicity involving situations where permission is required of a person to use their name, image or likeness; the requirement of permission also means that the person whose NIL is being used may demand compensation by a third party in return for use of one’s NIL.
  • Name, Image, and Likeness Activities: Name, image, and likeness activities include any situation in which a student-athlete’s – current or prospective – name, image, likeness, or personal appearance is used for promotional purposes by a non-institutional entity, including the individual student-athlete, a commercial entity, or a noninstitutional nonprofit or charitable entity.
  • Athletics Booster: A person who directly contributes to a university athletic program.
  • Compensation: The receipt, whether directly or indirectly, of any cryptocurrency, money, goods, services, other items of value, in kind contributions and any other form of payment or remuneration.
  • Endorsement: An act, either expressed or implied, that indicates one's public approval or support of a product or service.
  • Endorsement Contract: A written agreement under which a student-athlete is employed or receives compensation for the use by another party of such student-athlete's person, name, image or likeness in the promotion of any product, service or event.
  • Intercollegiate Athletic Program: A program at the university for sports played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of college athletics.
  • NCAA: The National Collegiate Athletic Association or its successor.
  • Official team activities: All meetings, games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by the university and other team-organized activities, including, but not limited to, photograph sessions, news media interviews, and other related activities as specified by the university.
  • Prohibited Endorsements: Receipt of compensation by, or employment of, a student-athlete for use of the student-athlete's NIL in association with any product, category of companies, brands, or types of endorsement contracts that are: (1) prohibited by law; (2) prohibited by this policy; or (3) prohibited under the applicable University procedures adopted in accordance with this policy.
  • Professional Service Provider: Individuals or entities that provide any of the following professional services to student-athletes: (a) advice regarding NIL activities, (b) representation in contract negotiations related to NIL activities, and (c) marketing of the student-athlete’s NIL, including entities commonly known as “collectives.”
  • Agent: Any individual who, directly or indirectly: (a) represents or attempts to represent an individual for the purpose of marketing his or her athletics ability or reputation for financial gain as a professional athlete; or (b) seeks to obtain any type of financial gain or benefit from securing a prospective student-athlete's enrollment at an educational institution or from a student-athlete's potential earnings as a professional athlete
  • Student-athlete: A student enrolled at the university who participates in an intercollegiate athletic program.
  • University Marks: The name, logo, trademarks, mascot, unique colors, copyrights and other intellectual property or defining insignia of the university

Procedures

Overview

A student-athlete may receive compensation from a third party (but not from the University) for NIL activity if such compensation is provided in exchange for services, activities, intellectual property, appearances, or other value provided by the student-athlete and is NOT being provided in exchange for athletic performance.

NIL agreements must adhere to all relevant federal and state laws, NCAA, conference, and university policies regarding disclosure.

NIL compensation earned by a student-athlete consistent with this policy will not affect the student-athlete’s grant-in-aid or athletics eligibility. Financial aid shall not be considered compensation.

Disclosures

Student-athletes must disclose any and all NIL agreements to the Athletics Department seven days prior to participation in a NIL activity by submitting a Registration Form.

Failure to disclose may result in removal from an athletic team.

Prohibitions

  1. Student-athletes may not use the university’s name or any other logo, marks, trademarks, mascot, unique colors, copyrights and other defining insignia or intellectual property owned by the university in connection with noninstitutional NIL activity without the express written consent of the university.
  2. Student-athletes may only use university facilities if they have prior approval from a member of the Athletic Department.
  3. Student-athletes may not endorse or enter into NIL activities in categories that conflict with institutional contracts, NCAA policy, or institutional values including, but not limited, to any marijuana company, product, or brand; any seller or dispensary of a controlled substance, as defined by federal law; or any product, substance, or method that is prohibited in competition by an athletic association, athletic conference, or other organization governing intercollegiate athletic program competition.
  4. Student-athletes may not miss class or other mandatory academic requirements or official team activities to engage in NIL activities.
  5. University employees are prohibited, in their individual capacity, from entering into endorsement contracts with any student-athlete or otherwise providing compensation themselves to a student-athlete in return for NIL services.
  6. University athletic boosters are prohibited from creating or facilitating NIL compensation opportunities for prospective student-athletes as a recruiting inducement or current student-athlete as an inducement to remain enrolled at the university.

Use of Agents and Professional Service Providers

  1. Student-athletes may utilize the services of any professional services provider or agents for assistance with NIL activity. However, student-athletes use of professional service providers or agents shall be consistent with NCAA rules and this policy.
  2. A professional service provider and/or agent representing a student-athlete for the purposes of securing compensation for their NIL or persona shall comply with NCAA legislation and applicable federal and state law, including but not limited to requirements related to licensing and disclosure

Additional Information & Related Document

Interpretation and Revision

Any questions of interpretation regarding this policy shall be referred to the Director of Athletics. They will be the final authority regarding the interpretation of this policy.  

The policy shall be reviewed every three years; however, minor changes and updates can be made at any time. Additionally, revisions to this policy will take place as NCAA policy and/or Commonwealth of Massachusetts law changes.  

Wentworth will typically apply the policy in place at the time it receives a report concerning the respected policy.  

Additionally, in instances where two or more policies are implicated, a case-by-case determination will be made to determine what policy will be used.  

Review and Revision History

This policy was drafted and reviewed by representatives from the Division of Student Affairs, inclusive of the Department of Athletics. It was reviewed by the Cabinet and approved by the President on May 31, 2023.   

This is a new policy.