Background

    With the adoption of the NCAA Interim Name, Image and Likeness Policy (effective July 1, 2021) and the addition of Section 67456 to the California Education Code (effective September 1, 2021), student-athletes may earn compensation from the use of their name, image or likeness ("NIL"). CSU, Stanislaus (“Stan State”) is committed to allowing student-athletes to decide whether to seek compensation from the use of their NIL or athletic reputation. This policy intends to provide guidance and serve as a resource to student-athletes as they navigate this new opportunity. Stan State reserves the right to make changes to this policy and will post updates online at warriorathletics.com
 

Name, Image and Likeness Activities Defined

    A NIL activity is any activity in which a student-athlete or prospect’s NIL or personal appearance is used for promotional purposes by a non-institutional entity, including a commercial entity or a non-institutional non-profit or charitable entity. Examples of how student-athletes may use their NIL for compensation include (not an exhaustive list):
 

 

• Create and promote their own business or brand
• Promote a corporate entity (e.g., brand ambassador, social media influencer)
• Establish their own sports camp or clinic
• Personal appearance
• Autograph session

 

Permissible Institutional Uses of a Student-Athlete's NIL

    Stan State; a NCAA member conference; or a non-institutional charitable, education or non-profit agency may use a student-athlete's name, picture, or appearance to support its charitable or educational activities or to support activities considered incidental to the student-athlete's participation in intercollegiate athletics, provided the conditions of NCAA Bylaw 12.5.1.1 are met.
 

Non-Permissible Name, Image and Likeness Activities

    Recruiting Inducements. Payment cannot be made to induce a prospect to attend Stan State.

    Pay for Play. Compensation may not be provided in exchange for athletic performance or attendance at Stan State.

    Beyond Fair Market Value. NIL compensation should not exceed "fair market value." This means that compensation should be an amount the service or asset would command in the open market. Additionally, payment may not be made when there is no work, service, right, or other value provided by the student-athlete.

    Stan State Involvement. Neither Stan State nor its staff, including independent contractors, may be involved in the development, operation, or promotion of a student-athlete's NIL activities on behalf of the student-athlete. Activities include, but are not limited to:
 

• Providing compensation in exchange for the use of a student-athlete's NIL
• Directly or indirectly identifying or securing NIL opportunities for a student-athlete (e.g., pairing a student-athlete with a company seeking a student-athlete for an advertisement, acting as an agent to negotiate a contract)
• Amplifying a student-athlete's NIL activities for the student-athlete's promotional benefit

 

    NIL Activities that Conflict with CSU/Stan State Agreements. A student-athlete may not enter into an agreement regarding a NIL activity if that agreement conflicts with an existing Stan State agreement (defined as "team contract" under California law) (e.g., athletics department sponsorship agreements). Refer to warriorathletics.com for a list of sponsorships.

    NIL Activities During Official Team Activities. A student-athlete may not engage in a NIL activity during official team activities (e.g., practice, competition, team travel, community service, or academic program).

    Activities in Conflict with CSU/Stan State Restrictions or Policies. A student-athlete may not engage in a NIL activity that:
 

• Includes any Stan State logos or trademarks without having received prior written approval for use (more information below under Use of Stan State Name, Logo, and Facilities)
• Is conducted in any Stan State facilities unless the facilities have been rented in the same manner as made available to the general public (more information below under Use of Stan State Name, Logo, and Facilities)
• Violates Title 5-California Code of Regulations § 41301 et seq. Standards for Student Conduct or conflicts with the Student-Athlete Handbook

 

    NIL Activities that Conflict with NCAA rules. Stan State strongly recommends that student-athletes do not engage in NIL activities that conflict with NCAA rules, such as sports wagering, tobacco, athletic performance-enhancing drugs, and other banned substances.

    This page contains the accessible HTML version of this official document. The PDF below is provided for download, printing, and recordkeeping convenience.