NIL for colleges and universities
Based on the NCAA's most recent guidance issued on October 26, 2022, colleges and universities can take the following steps to improve their policies and procedures related to student-athletes' ability to earn compensation for the use of their name, image, and likeness (NIL):
Provide education and resources: The NCAA has indicated that schools can and should provide education to current student-athletes on NIL-related topics, including financial literacy, taxes, social media practices, and entrepreneurship. Schools can also provide NIL education to collectives, boosters, and prospects.
Support student-athletes' NIL activities: Schools can inform student-athletes about potential NIL opportunities and can work with an NIL service provider to administer a "marketplace" that matches student-athletes with those opportunities. However, schools cannot engage in negotiations on behalf of an NIL entity or a student-athlete to secure specific NIL opportunities. Schools can also support student-athletes' NIL activities by providing stock photos or graphics to either a student-athlete or an NIL entity, or by arranging space on campus for an entity and student-athlete to meet. Schools cannot, however, provide free services or equipment to student-athletes to support NIL activities unless those services or equipment are also available to the general student body.
Promote student-athletes' NIL activities: Schools can promote student-athletes' NIL activities, provided the student-athlete or NIL entity pays the going rate for that advertisement. However, schools cannot allow student-athletes to promote their activity while participating in required athletics activities.
Work with collectives and other NIL entities: School personnel, including coaches, can assist an NIL entity with fundraising through appearances or by providing autographed memorabilia, but cannot donate cash directly to those entities. School staff members also cannot be employed by or have an ownership stake in an NIL entity. Schools can request donors provide funds to collectives and other NIL entities, provided the schools do not request that those funds be directed to a specific sport or student-athlete. Schools can also provide tickets or suites to NIL entities through sponsorship agreements, provided the terms of those agreements are the same as for other sponsors.
Monitor and enforce compliance: Schools should establish systems and processes for monitoring and enforcing compliance with their NIL policies and procedures, including training staff and designating responsible individuals or departments to handle NIL-related issues.