Name, Image and Likeness
SUNY Oswego (the College) has established written protocols for all student-athletes engaging in Name, Image and Likeness (NIL) activities, effective immediately. All NIL activities must adhere to all of the College’s regulations or the activity will be deemed impermissible. Student-athletes engaging in prohibited NIL activities will be subject to potential sanctions outlined in this policy, including but not limited to possible sanctions through the Office of Student Conduct. This policy will have a direct link from the www.oswegolakers.com homepage under Inside Athletics.
It is important that SUNY Oswego student-athletes check for revisions to this policy often. It is anticipated that changes will occur, including the possibility of a federal legislation governing NIL activities, and possible enactment of a New York State NIL Law. Policy revisions will be marked with the revision date.
Name, Image and Likeness Defined:
A name, image, and likeness (NIL) activity includes any situation in which a student-athlete’s name, image, likeness, or personal appearance is used for promotional purposes by a non-College entity, including the individual student-athlete, a commercial entity, or a noninstitutionalized 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 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 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
College NIL Disclosure Requirements:
Student-athletes are required to disclose contact information for all parties involved in the use of their NIL, 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 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 at least seven (7) days prior to the effective date of the change.
Compliance officer Wendy McManus (wendy.mcmanus@oswego.edu) will review all disclosures to confirm compliance with the College, NCAA and State of New York guidelines/laws.
A student-athlete that receives additional compensation outside of the disclosed NIL agreement could jeopardize their eligibility.
Failure to disclose NIL Activity in advance could lead to violations of NCAA, the College or State of New York Violations that would potentially impact eligibility.
The NIL Disclosure Form can be found here.
College Restrictions
College Involvement
Neither the College nor a 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.
Agents, Advisors and Attorneys
• Student-athletes may use agents, advisors and attorneys in (but only in) connection with NIL actions and activities.
• Student-athletes must pay fair market value for agent, advisor and attorney services and document use of all agents in the NIL disclosure.
• Agents must be licensed and registered in New York State and follow all applicable agent laws. • Student-athletes should consult agent laws in their state or country of permanent residence as well.
• Agents, advisors and attorneys cannot market the student-athlete’s athletic ability. Attendance at Team and College Activities
• Student-athletes may not engage in NIL activities during the following:
o Organized team practice, weight lifting, conditioning, competition, team travel, team meals, team meetings, sports medicine activities, Athletics community service, Athletics media events, or any other countable athletically related activities.
o During the student-athlete’s class time as established on the SUNY Oswego official class schedule.
o Mandatory study hall hours, tutoring appointments, and other mandated academic obligations as dictated by the Head Coach and/or Athletics Academic staff
Education Obligations
• Student-athletes may not miss required educational obligations (e.g. class, exams, scheduled tutor or 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 the College academic standards, requirements, regulations, or obligations, team rules of conduct, standards or policies regarding participation in intercollegiate athletics, or disciplinary rules and standards generally applicable to SUNY Oswego students.
Athletic Representatives [Boosters] Involvement
• Student-athletes will be ineligible for participation if, during the SUNY Oswego Athletics recruiting process, a representative of the College’s Athletics Interests [booster] contacted the student-athlete or their families for the purposes of promising future NIL opportunities.
Use of the College’s Logos, Marks and Facilities
• Student-athletes may not use the College’s Athletic apparel, equipment, facilities, the College's name, brand, logos, copywritten materials, trademarks, service marks, symbols, nicknames, mascot, uniform styles, colors, imagery, campus, landmarks, or any other intellectual property.
• Student-athletes may not speak on behalf of SUNY Oswego or SUNY Oswego Athletics and may not announce that any products, services, companies, or businesses are the “official” or “exclusive,” (or any similar language) partner or sponsor of the College or Athletics.
• Student-athletes may not use the College’s facilities for any NIL activities, with the exception of use for teaching lessons or for camps and clinics, provided the rental agreement is in line with that available to the general public.
• A student-athlete may state they are a student-athlete at SUNY Oswego and list personal or athletic accolades. Student-athletes may not imply, directly or indirectly, that SUNY Oswego is endorsing their NIL activities or any products or services associated with their NIL activities.
Conflicts with College Contracts
• Student-athletes may not engage in NIL activities with sponsors, products and businesses in direct competition with the College and/or Athletics’ sponsors or 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 so that they have the opportunity to negotiate a revision 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 current student-athlete’s College team contract.
First violations of any section of this policy will result in follow-up education and mandatory meetings with the Office of Compliance and/or Director of Intercollegiate Athletics. Subsequent violations of any section of this policy may result in removal from all team activities for up to one week [seven full days] at the discretion of the Director of Intercollegiate Athletics. Egregious and/or repeated violations may result in more significant sanctions or dismissal from Athletics at any time.
Prohibited Activities:
Student-athletes may not receive compensation that 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 NIL in any prohibited sponsorship category. In the event that a student- athlete enters into agreement with a prohibited sponsorship category, the student-athlete shall be required to terminate said 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 SUNY Oswego.
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 SUNY Oswego’s sole judgement, 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 appear to create an endorsement by the College of a particular company, product, political candidate, or position regarding public policies
• 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
SUNY Oswego reserves the right to restrict other categories of companies, brands or types of contracts that are similar to the above industries.
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 to the student-athlete is for work actually performed and is at a rate reflecting fair market value.
Additional Considerations
International student-athletes should seek guidance 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 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 and should consult SUNY Oswego’s Financial Aid Office for further information in the event a student engages in NIL activity that creates potential taxable income.
Reserved Rights
SUNY Oswego reserves the right to use a student-athlete’s NIL to the extent and in the form determined in the College's sole discretion, at any time for advertising and marketing related to SUNY Oswego’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 considered null and void.
