Plattsburgh State Athletics

A name, image, and likeness (NIL) activity includes any situation in which a student-athlete’s name, image, likeness, or personal appearance is used for promotional purposes by a non-institutional entity, including the individual student-athlete, a commercial entity, or a nonprofit or charitable entity. While such activities may provide compensation for a student-athlete, those activities that do not provide compensation are also covered under this policy. 

Student-athletes’ use and monetization of their name, image and likeness may involve a wide range of activities, including but not limited to:
 

• Traditional commercials or advertisements for products or services,
• Scholar-athletes developing and promoting their own business
• Personal appearances
• Scholar-athletes running their own camps or clinics
• Providing private lessons (and using their name or image to promote those lessons)
• Sponsored social media posts
• Autograph sessions

Student-athletes are required to disclose the contact information for all parties involved in the use of their name, image and likeness, as well as any involved professional service providers.  The student-athlete must also disclose compensation arrangements and the details of their relationship with involved parties.

Student-athletes must disclose the NIL activities to the Associate Director of Athletics for Compliance (Cheryl Cole, coleca@plattsburgh.edu) at least seven (7) days prior to signing any NIL agreement.  If arrangements and details of agreements are amended, the student-athlete must provide notice at least seven (7) days prior to the effective date of the change.  The NIL Disclosure Form is available here or from the Compliance Office.

A student-athlete who receives additional compensation outside of the disclosed NIL agreement could jeopardize their eligibility.  Failure to disclose NIL activity in advance could lead to violations of NCAA, institutional or state violations which could potentially impact eligibility.

A student-athlete may not enter into an agreement with a third-party that conflicts with any existing sponsorship
agreements. If the institution identifies a conflict between the student-athlete’s name, image, and likeness activities
and an existing sponsorship agreement, the institution shall inform the student-athlete of such a conflict so the
student-athlete has the opportunity to negotiate a revision of name, image, and likeness activities with the third-
party. That revision is also subject to additional review and approval by the institution.

Student-athletes may not engage in name, image, and likeness activities while participating in required institutional
activities or while representing the institution.

Student-athletes will not be permitted to use colors, logos, or images, including institutional athletic marks, which
identify the institution in any name, image, or likeness activities without prior approval from the Athletic
Department. (Michael Howard, Director of Athletics michael.howard@plattsburgh.edu)

A student-athlete may state they are a student-athlete at Plattsburgh State and list personal or athletic accolades.
Student-athletes may not imply, directly or indirectly, that Plattsburgh State is endorsing your NIL activities or any
products or services associated with your NIL activities.

Student-athletes may not use institutional facilities for any name, image, or likeness activities, with the exception of
use for teaching lessons or for a camp/clinic, provided the rental agreement is in line with that available to the
general public or outside organization.

Student-athletes may not miss required educational obligations (e.g. class, exams or scheduled tutor/mentor
sessions) or required team activities for any name, image and likeness activities.

A student-athlete’s involvement in name, image and likeness activities will not relieve the scholar-athlete from the
obligation to comply with all NCAA and institutional regulations; team rules of conduct; standards or policies
regarding participation in intercollegiate athletics; or disciplinary rules and standards generally applicable to
Plattsburgh State students.

A student-athlete may obtain professional representation (agent or attorney) for advice, contract representation, and
the marketing of their NIL, so long as the professional representation is NOT representing the student-athlete in
securing professional athletic opportunities. You must compensate your agent or attorney with their regular rate.
Failure to do so may jeopardize your intercollegiate eligibility. Please note that NIL agents must comply with
New York State and federal registration requirements.

Student-athletes may not receive compensation which is conditioned or contingent on enrolling at, or continuing enrollment at any specific collegiate institution, or based on any specific athletic performance or achievement.

Student-athletes may not enter into agreements for use of their name, image or likeness in any Prohibited Sponsorship Category, which is any sponsorship agreement in conflict with existing institutional contracts or college policies.  

Prohibited Sponsorship Categories include, but are not limited to:

• Gambling or sports wagering
• Adult entertainment
• Alcohol
• Tobacco
• Marijuana
• Products or services which are illegal
• Substances on the NCAA Banned Substances List
• Activities which are misleading, offensive or in violation of a statute, law, ordinance, NCAA bylaw or any college contract obligation
• Activities which adversely affect the college’s reputation
• Activities which endorse businesses or brands that are engaged in activities inconsistent with the college’s mission
• Activities which ridicule, exploit or demean persons on the basis of their age, color, disability, national origin, citizenship, veteran status, marital status, race, religion, sex or gender

Plattsburgh State reserves the right to restrict other categories of companies, brands or types of contracts that are similar to the above industries.  

Student-athletes may not sell or trade any equipment, apparel or awards provided to them by the institution as part of any NIL activity.

Student-athletes may not enter into an agreement for NIL activities unless the compensation is for work actually performed and is at a rate reflecting fair market value.
 

Under New York law, the institution may identify, facilitate, enable, or support opportunities for a student-athlete
to earn compensation for the student-athlete's name, image, or likeness. Please note that an institutional Athletic
Department staff member may not be involved in the development, operation, or promotion of any student-
athlete’s NIL activities. Further, institutional staff members may not enter into agreements with, or benefit from, a
student-athlete’s name, image or likeness activities.

International student-athletes should seek guidance regarding the impact of any NIL activity upon their visa status.

Student-athletes should be aware that income from NIL activities would likely be considered taxable income.

Student-athletes should consult with an appropriate tax professional about the tax implications of any compensation they earn.

Any income received by a student-athlete could impact their eligibility for need-based financial aid.

Additional Resources from the NCAA:
New Interim Policy Key Takeaways
Interim NIL Policy
NIL Question and Answer
Interim NIL Policy Guidance Regarding Third Party Involvement
Institutional Involvement in NIL Activities
Cycle of Individual Engaged in NIL Activities