Rogers State University Athletics

Rogers State Athletics Name, Image, Likeness Policy
Protocol | NIL Disclosure Form
 

Overview:
 
This section serves as an overview of the Athletics Compliance Department’s (“Department”) policy and procedures surrounding student-athlete name, image and likeness (“NIL”) activity.  The “Student Athlete Name, Image and Likeness Rights Act” found in Oklahoma’s “Revised Uniform Athlete Agents Act” (“RUAAA”), governs student-athlete NIL activity.  The Department is charged with providing NIL education to applicable stakeholders and monitoring student-athlete NIL activity throughout the year.

Goals/Objectives:
 

• To educate all coaches, staff members, student-athletes, professional representatives, and related third-parties about the NCAA, MIAA Conference, and federal and state laws and regulations associated with NIL;
• To advise all student-athletes to disclose their activity to the Department prior to partaking in any commercial endeavors;
• To build relationships and open lines of communication with student-athletes, representatives of student-athletes, and other potential third-parties;
• To educate on the permissibility of all related activities; and,
• To monitor student-athlete NIL activity by reviewing information that includes, but is not limited to, the student-athlete’s contractual obligations, the amount the student-athlete earns, required third-party information, and the fair market value of NIL activity.

 
Definitions:
 

• “Representative of Athletics Interest” (“Booster”) as defined by NCAA Bylaw 13.

• “Team Activities” means Countable Athletically Related Activities (“CARA”) and/or Voluntary Athletically Related Activities (“VARA”), as defined by NCAA Bylaws.

• “Team Contract” means a contract between RSU or the RSU Athletics Department and a sponsor or a third-party authorized to enter into a sponsorship agreement or agreements on behalf of RSU or the RSU Athletics Department, as defined by RUAAA.

 
Procedure:
 
Department
 

• During each team’s fall compliance orientation, the Department should review the NCAA, MIAA, federal, and state name, image, and likeness regulations, as well as the specific requirements associated with the RUAAA.  Additionally, the institution’s procedure for monitoring such NIL opportunities should be reviewed. Student-athletes will sign to acknowledge that they have been counseled on NIL policies and procedures  at the compliance orientation meeting.   

• When the Department receives the information regarding a NIL opportunity from a student-athlete, the Department should review the information.  If necessary, the Department should contact Legal Counsel to answer questions raised during the review of the forms.  All information and documents should be maintained in the athletic compliance office. 

• During each team’s spring compliance meeting, the Department should again review the NCAA, MIAA, federal and state name, image, and likeness regulations, as well as the specific requirements associated with the RUAAA.  Additionally, the institution’s procedure for monitoring such NIL opportunities should be reviewed. Student-athletes will sign to acknowledge that they have been counseled on NIL policies and procedures  at the compliance orientation meeting.      

Student-Athlete
 
A student-athlete cannot earn compensation as an inducement to attend RSU or in exchange for his or her athletics performance or participation in intercollegiate athletics or sports competition.
 

• Student-athletes may obtain professional representation by an athlete agent or an attorney for the purpose of securing compensation for the use of his or her name, image or likeness without penalty, resulting in limitation on participation or effect on the student-athlete’s athletic grant-in-aid eligibility.
• Student-athletes should disclose each NIL opportunity to the Department within 72 hours after entering into the contract or before the next athletic event in which the student-athlete is eligible to participate, whichever occurs first.
• Student-athletes are not permitted to miss class, other academic obligations, or team activities for NIL endeavors.
• Student-athletes should not enter into a contract or other agreement with a third-party if:

• The contract requires the student-athletes to display the third-party’s apparel or to otherwise advertise for the third-party during team activities;
• Compliance with the third-party contract would conflict with a team contract as defined by the “Student Athlete Name, Image and Likeness Rights Act.” Team contract conflicts include but are not limited to the following organizations:
  • Rogers State University/RSU Athletics Department Exclusivity Rights

• BSN / NIKE
• Pepsi Co.

• The contract allows for the use or consents to the use of any institutional marks during the student-athlete’s third-party contract activities;
• The contract involves a commercial product or service that conflicts with institutional policy, including but not limited to:
  • Assault weapons and/or other related firearms
  • Banned substances pursuant to NCAA Bylaw and/or Policy
  • Bars and/or nightclubs
  • Cannabis-related enterprises (e.g. dispensaries, grow suppliers, seed companies, etc.)
  • Casinos, sports wagering, or other gambling services
  • Companies and/or services owned or operated by institutional staff members or their family members
  • Drug and/or alcohol paraphernalia
  • Performance-enhancing drugs pursuant to NCAA Bylaw and/or Policy
  • Pornography
  • Professional sports teams and/or organizations
  • Recreational drugs
  • Tobacco and/or tobacco alternatives pursuant to NCAA Bylaw and/or Policy
  • The contract negatively impacts or reflects adversely on the University or its athletic programs, including, but not limited to, generating public disrepute, embarrassment, scandal, ridicule or otherwise negatively impacting the reputation or the moral or ethical standards of the University.

• An entity whose purpose includes supporting or benefitting the University or RSU Athletics, including boosters as previously defined, shall not provide professional representation, compensate, or cause compensation to be directed to current or prospective student-athletes for his or her NIL.

Failure to comply with federal and/or state law and/or all University and Department policies related to NIL may result in disciplinary action up to and including loss of student-athlete status or reduction or cancellation of financial aid.
 
Professional Representatives (“Agents”)

• Professional representation shall be by persons licensed pursuant to the Revised Uniform Athlete Agents Act. An athlete agent representing a student-athlete shall also comply with the federal Sports Agent Responsibility and Trust Act, Chapter 104, Section 7801 et seq. of Title 15 of the United States Code.

• Agents who are representing RSU student-athletes in their NIL endeavors should disclose each NIL opportunity to the Department within 72 hours after entering into the contract or before the next athletic event in which the student-athlete is eligible to participate, whichever occurs first.

Failure to Comply with RUAAA

• An agent who violates Section 14 of the RUAAA is guilty of a misdemeanor and, upon conviction, shall be subject to fines and imprisonment. Additional violations will result in more substantial penalties.
• RSU and/or a student-athlete may bring an action for damages against an agent if the institution or student-athlete is adversely affected by an act or omission of the agent in violation of the RUAAA.
• The Oklahoma Secretary of State may assess a civil penalty against an agent for a violation of the RUAAA.

  
Coaches and Other Institutional Staff Members

• Coaches and other institutional staff members or family members of coaches and other institutional staff members shall not provide professional representation, compensate, or cause compensation to be directed to a current or prospective student-athlete for his or her NIL activity.

 
Timeline:
 
The Department should do the following:

• Fall and Spring Semester: Schedule meetings with all sports to discuss student-athlete NIL procedures.  Student-athletes shall sign off that they are aware of and have reviewed the NIL Policies of RSU. 

• Throughout the Year:

• Periodically visit student-athlete NIL-related events, as availability permits.

• Spot check professional representatives to ensure certifications are valid.

• Provide education to stakeholders as needed.

• Monitor fair market value for use in contract/agreement reviews.

Exceptions
 
The Department, at any time, may authorize variances from, or exceptions to, this Name, Image, and Likeness Policy that are consistent with Rogers State University’s commitment to compliance with federal law, state law, and MIAA Conference and NCAA rules and Bylaws.

Other Applicable Laws, Policies and Guidelines

Information about the NCAA's Interim NIL Policy
NCAA NIL Policy Q&A
Quick Guide to New NCAA Interim Policy
NCAA New Interim Policy Takeaways
NCAA Cycle of Individual Engaged in NIL Activities
NCAA NIL Consideration for Financial Aid Offices