(A)
Purpose
To the extent permitted by law, Shawnee
state university will permit student-athletes to pursue agreements for
compensation for the non-institutional use of their name, image, and likeness
(NIL) under the conditions set forth in this policy and any associated
procedures.
(B)
Definitions
As used in this policy and in any
related procedure.
(1)
Name, image, and likeness (NIL) are the three
components of a person's right of publicity. These are independent or
collectively identifiable aspects of a person that make them unique, including
their 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.
(2)
Official team
activities means all games, practices, exhibitions, scrimmages, team
appearances, team photograph sessions, sports camps sponsored by the
institution or college, and other team-organized activities, regardless of
whether the activity takes place on or off campus, including individual
photograph sessions and news media interviews.
(3)
Professional
service provider means an individual or entity that provides services to a
student-athlete concerning their NIL.
(4)
Student-athlete
means an individual enrolled at Shawnee state university who participates in
official university intercollegiate athletics.
(C)
Required
disclosures and approval of agreements
(1)
A student-athlete
who intends to enter into a verbal or written contract providing compensation
for use of the student's name, image, or likeness shall disclose the proposed
contract to the athletic director, who will share the contract with the general
counsel's office, for review by the university.
(2)
If the university
identifies a conflict between the proposed verbal or written contract described
above and any existing provisions of a contract to which the university is a
party, the university shall communicate to the student-athlete the relevant
contract provision that is in conflict. The student-athlete shall not enter
into the proposed contract, but the student may negotiate a revision to the
proposed contract to avoid the conflict. The revised proposed contract is
subject to additional review by the university.
(D)
Use of university
marks and facilities
(1)
Student-athletes are not permitted to use the
university's name or intellectual property, including, but not limited to, its
trademarks, logos, or other symbols, to implicitly or explicitly endorse a
third party or product.
(2)
Student-athletes are not permitted to utilize any
university-created content, including images and videos, in furtherance of
their NIL agreements.
(3)
Student-athletes may not use university facilities in
such a manner that creates an express or implied impression that the university
directly or indirectly endorses a third party or product.
(E)
Prohibited sponsorship categories
Student-athletes are prohibited from
entering into a contract providing compensation to the student-athlete for use
of the athlete's name, image, or likeness if same is associated with any of the
following:
(2)
Tobacco products,
including electronic smoking or vapor devices that contain nicotine which can
be ingested;
(3)
Casinos or any entity that sponsors or promotes
gambling activity;
(4)
Any company that manufactures, markets, sells, or whose
brand is associated with any controlled substances; and
(5)
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 themes or activity.
(F)
Prohibited
entities
Student-athletes may not enter into an
NIL agreement if the agreement conflicts with a Shawnee state university
agreement. As of the effective date of this policy, it is possible that a
conflict will exist if a student-athletes proposed NIL agreement requires them
to display a sponsor's product, or otherwise advertise for a sponsor, during
official team activities or any other time if that requirement is in conflict
with a provision of a contract to which Shawnee state university is a
party.
(G)
International student-athletes
(1)
International
student-athletes are required to notify the university's center for
international programs and study abroad prior to entering into any NIL
agreement.
(2)
International student-athletes should consult an
attorney prior to engaging in any NIL activity. Any off-campus compensation,
including NIL-related compensation, could impact the status of a
student-athlete's F-1 visa.
(H)
Professional
representation
(1)
A student-athlete may use the services of a
professional service provider for advice, contract representation, and the
marketing of their NIL, so long as the professional service provider is not
representing the student-athlete for securing professional athletic
opportunities.
(2)
A professional service provider agreement and payment
to a professional service provider may not be arranged or come from an employee
of Shawnee state university. The university reserves the right to restrict a
student-athlete from utilizing a professional service provider as defined
herein.
(3)
The university may identify a professional service
provider for student-athletes. The university reserves the right to mandate the
use of a specific service provider and to reject contracts with specific
service providers.
(4)
The university reserves the right to review fee
agreements in NIL contracts.
(I)
Exceptions
(1)
Student-athletes
who wish to enter into NIL agreements that conflict with the parameters
established by this policy may submit a written request for an exception.
Requests must be in made in writing to the athletic director.
(2)
Requests for
exceptions to this policy will be assessed by the athletic director, who will
then forward the request to the university president. The university president
shall have final decision-making power on whether to grant or deny the
request.
(J)
Enforcement
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, athletic probation, loss of
practice privileges, loss of competition privileges, suspension or dismissal
from the program, and/or loss of athletic eligibility.
Notes
Ohio Admin. Code
3362-3-26
Effective:
12/15/2023
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03