Student-Athlete Compensation for Use of Name, Image, and Likeness

The Ohio Governor’s Executive Order 2021-10D, allows Student-Athletes to pursue opportunities to profit financially from their Name, Image, and Likenesses (NIL). It also allows institutions of higher education to establish policies to address any failure to comply with the Executive Order’s requirements. The purpose of this policy is to enforce the Executive Order and any subsequent state or federal legislation as applicable.

It is each Student-Athlete’s responsibility to understand and comply with the Executive Order, NCAA rules, Horizon League rules, this policy, and any other applicable laws, regulations, and policies. Student-Athletes are encouraged to review this policy closely, consult with trusted representatives, and share it with potential professional service providers and sponsors. Questions about this policy may be raised to the Wright State University Athletics Compliance Office.

Compensation: means any form of payment or remuneration, including but not limited to cash, gifts, in-kind items of value, social media compensation, payments for licensing or use of publicity rights, and payments for other intellectual or intangible property rights under federal or state law. Compensation does not mean: educational expenses or any financial aid, benefits, or awards provided to a Student-Athlete in accordance with rules of an athletic association; federal or state grants or scholarships; or payment of wages and benefits at a rate commensurate with prevailing rate for similar work in the Wright State area to a Student-Athlete for work actually performed other than for athletic ability or participation in intercollegiate athletics.

NIL Activities: means any activity that involves the commercial use of a Student-Athlete’s name, image or likeness to advertise or endorse the sale or use of a product or service. Compensation for such must: (1) include quid pro quo (e.g., compensation for work performed); (b) not be contingent upon initial or continued enrollment at a particular institution; and (c) not be in return for athletics participation or achievement.

Name, Image, and Likeness (NIL): means the first name, last name, or nickname of the Student-Athlete when used in a context that reasonably identifies the Student-Athlete with particularity; a picture of the Student-Athlete; and/or a physical, digital, or other depiction or representation of the Student-Athlete.

Official Team Activities: include but are not limited to: all games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by the University, and other team or University organized activities, regardless of whether the activity takes place on or off-campus, including individual photograph sessions and news media interviews.

Student-Athlete: means an individual who engages in or is eligible to engage in an intercollegiate athletics program at Wright State University, but does not include for a particular intercollegiate sport an individual who is permanently ineligible to participate in that particular sport.

Upon enrollment, a Student-Athlete shall have 30 days to disclose all current and expired NIL Activities to the University, unless such Student-Athlete declines assistance in writing from the University to pursue NIL Activities.

Such assistance shall be consistent with NCAA Bylaws and Ohio law. The Student-Athlete shall maintain independent authority over all the name, image and likeness agreements (e.g., student-athlete determines specific terms, has final decision in accepting or rejecting name, image and likeness agreements). The University may contract with third-party service providers (e.g., multimedia rights holder, attorney, tax service, name, image and likeness marketplace) to provide a Student-Athlete the same support it is permitted to. Participation in the University’s NIL assistance program is not required of Student-Athletes.

All disclosures of NIL Activities must contain: (a) names and contact information of individuals involved in the activity, including a description of the nature of the relationship between such individuals; (b) terms of the arrangement, including a description of services rendered, rights granted, term duration, compensation and payment structure (e.g., cash, barter, deferred); (c) names and contact information of professional service providers involved in the arranging, negotiating, or securing the disclosed activity, including a description of the nature of the relationship between the service provider and individuals involved in the activity; and (d) terms of compensation between the professional service provider and the student-athlete (e.g., agent contingency fee). A Student-Athlete who discloses NIL Activities must also attest that: (a) all disclosed information is and will be complete and accurate; (b) the disclosed activities are and will be consistent with institutional and conference policy, NCAA rules and any applicable state or federal law; (c) pay or promise of pay related to the disclosed activities are not and will not be a substitute for payment for athletics participation or achievement or an inducement to enroll or remain enrolled at a specific institution; and (d) acknowledgement that failure to disclose or fraudulent disclosure may constitute impermissible unethical conduct that may be subject to the University’s Code of Student Conduct or the University’s policies on Student-Athlete conduct, such as Policy 3810.9.

A Student-Athlete who intends to enter into a verbal or written contract for NIL Activities must disclose the proposed contract to the University’s Athletics Compliance Office for review for compliance with this policy before agreeing to the contract. As part of the review process, the University will determine whether the proposed contract conflicts with a provision of a contract to which the University is a party, such as an exclusive sponsorship contract. If there is a conflict: (a) the Athletics Compliance Office will inform the Student-Athlete of the relevant NIL contract provision that is in conflict; (b) the Student-Athlete cannot enter into the proposed contract but may negotiate a revision to the proposed contract to avoid the conflict; and (c) the Athletics Compliance Office will review the revised proposed contract to verify the conflict is eliminated and otherwise ensure compliance. A Student-Athlete shall not enter into a verbal or written contract for NIL Activities or accept any Compensation or provide any deliverables or services under such a contract until it has been reviewed and approved by the Athletics Compliance Office.

A Student-Athlete’s failure to disclose their NIL Activities pursuant to this policy constitutes a violation of University policy, the student code of conduct, and the University’s Athletics Department’s policies. Should the University’s Athletics Compliance Office discover such failure, they shall notify the Student-Athlete in writing, after which such Student-Athlete shall have seven (7) days to make the required disclosures to avoid discipline related to such violation.

A Student-Athlete cannot engage in NIL Activities during Official Team Activities, including displaying a sponsor’s product, or otherwise advertising for a sponsor, during Official Team Activities. Engaging in NIL Activities must be done on the Student-Athlete’s personal time.

Further, the University expects Student-Athletes not to engage in NIL Activities during academic activities (e.g. class, study hall, exams, and assessments). Student-Athletes are responsible for any consequences related to missing Official Team Activities or academic activities due to NIL Activities or any other non-excused purpose consistent with University policy and procedures.

Wright State Student-Athletes are highly visible representatives of their teams and the University and are expected to conduct themselves in a professional manner that reflects the highest standards of athletic excellence and upholds the integrity of the University. Accordingly, no Student-Athlete may enter into a verbal or written contract providing Compensation to them for associating their NIL with any of the following:

1. Any company or brand that manufactures, markets, sells, or is associated with a controlled substance, marijuana product, medical marijuana product, alcoholic product, tobacco product, electronic smoking device, vapor product, or product or device that consists of or contains nicotine that can be ingested into the body.
2. Any medical marijuana cultivator, processor, laboratory, or retail dispensary licensed under Ohio Revised Code Chapter 3796 or under the laws of another state.
3. Any business engaged in the sale, rental, or exhibition for any form of consideration of adult entertainment that is characterized by an emphasis on the exposure or display of sexual activity.
4. Any casino or entity that sponsors or promotes gambling activities.

The University reserves the right to add to this list, any other category of companies, brands, or types of contracts that are similar to those listed above. Any additional items will be communicated to the Student-Athlete before the Student-Athlete enrolls at the University or 30 days after the executive order is in effect if currently enrolled.

Student-Athletes shall not enter into a verbal or written contract that compensates them for any of the following:

1. Compensation in exchange for a Student-Athlete’s athletic participation or performance at the University (i.e., “pay-for-play”);
2. Compensation in exchange for a Student-Athlete’s decision to attend or their continued enrollment in the University (i.e., improper recruiting inducements); and
3. Compensation for work not performed (i.e., sham agreements with third parties in which a Student-Athlete does not provide legitimate NIL Activities).

The University, and all University employees or others acting on behalf of the University, may not use NIL Activities or promises related to NIL Activities in any manner that could be deemed an inducement for athletic performance or attendance at Wright State University.

A Student-Athlete is allowed to hire professional representation, at the Student-Athlete’s own cost, in relation to contracts or legal matters regarding opportunities for NIL Activities. If using an “athlete agent” for purposes of assisting with contracts or Compensation for the Student-Athlete’s NIL, then it must conform with the Ohio Revised Code Chapter 4771 and comply with the Sports Agent Responsibility and Trust Act established in 15 U.S.C. Section 7801, et seq. Further, it is the Student-Athlete’s responsibility to follow all other laws, regulations, and rules regarding professional representation, including NCAA and Horizon League rules. Failure to follow the rules around Student-Athlete representation may impact a Student-Athlete’s intercollegiate eligibility.

Student-Athletes shall not use Wright State University intellectual property in connection with their NIL Activities without the prior written permission of the University’s Office of Marketing in consultation with the University’s Athletics Department. Wright State University intellectual property includes, but is not limited to, Wright State University’s name, trademarks, service marks, logos, colors, symbols, apparel with University trademarks/logos, and uniforms, regardless of whether the intellectual property is registered. Wright State University may grant or refuse to grant permission in its sole discretion.

Student-Athletes are also prohibited from using University facilities, including University owned athletic fields, in connection with NIL Activities, without prior written approval from the University, and such use must comply with the University’s standard policies and practices (e.g. execution of a facility rental agreement, paying rental rates, liability insurance). Similarly, Student-Athletes are prohibited from using University resources, including University-owned equipment, services, and infrastructure, in connection with NIL Activities without the prior written approval of the University.

Student-Athletes may, in connection with NIL Activities, state that they are a Student-Athlete at the University and/or list their personal academic or athletic accolades. However, Student-Athletes shall not state or imply, directly or indirectly, that Wright State University is endorsing the NIL Activity or any products or services associated with that NIL Activity.

Failure to comply with this policy may result in loss of privileges and other sanctions as appropriate, including but not limited to, verbal or written reprimand, probation, loss of practice privileges, loss of competition privileges, suspension or dismissal from the program, and/or loss of athletic eligibility.

Student-Athletes must comply with all applicable league, conference, and/or team rules and policies regarding NIL Activities.

The University reviews any proposed NIL contract submitted by a Student-Athlete solely for the purpose of determining whether the proposed NIL contract complies with this policy. Though the University may assist a Student-Athlete in facilitating NIL Activities, the University (and its employees, acting in the course and scope of their duties) shall neither negotiate for or on behalf of, nor represent a Student-Athlete in regard to such matters.

Student-Athletes are hereby cautioned that soliciting and/or receiving Compensation from NIL Activities may impact other of the Student-Athletes personal, financial, legal, and similar matters. For example, taxes, need-based financial aid (such as a Pell grant), visa status of an international student. Student-Athletes are encouraged to consider engaging professional assistance regarding such matters, and the impact it may have on other matters. The University does not provide or subsidize the costs of such professional assistance.