Purpose:
This Dyersburg State Community College (DSCC) policy establishes procedures for individual student-athletes to control the use of their identity, specifically the use of their name, image and likeness (NIL) and their association in commerce.
Scope:
DSCC is authorized by the Tennessee Board of Regents (TBR) as a member of the National Junior College Athletic Association (NJCAA) and the Tennessee Community College Athletic Association (TCCAA) to allow for and support the student-athlete to control the use of their identity and ensure the ability to transfer without loss of athletic eligibility due to participation in NIL activity.
Policy:
I.
GENERAL
A.
Student-athletes,
faculty, and staff must follow any and all applicable requirements of NJCAA,
TCCAA, or DSCC (herby referred to as the institution) relating to Name, Image
and Likeness (NIL) activity. For
purposes of these procedures, “NIL activity” means any activity in which a student
athlete’s NIL or personal appearance is used for promotional purposes by a
non-institutional entity or person, including for use by the individual
prospective student-athlete or student-athlete, a commercial entity, or a non-institutional
non-profit or charitable entity, regardless of whether such use is compensated
or uncompensated.
B.
These
procedures are designed to enable a
student-athlete to participate in the following NIL activity without losing
eligibility to participate in NJCAA, TCCAA, and four-year competition:
1.
Participating in radio
or television programs for the purpose of promoting an amateur athletic event.
2.
Receiving compensation
for supervision of physical education, playground, or recreational activities.
3.
Receiving compensation
for NIL activity to promote any commercial product or enterprise, or public or
media appearance so long as it does not conflict with the institution’s
existing partnerships, sponsorships, and agreements.
C.
Compensation for the
use of a student athlete’s NIL shall be provided only by a third party not
owned or operating under the authority of the institution. Foundations
associated with TCCAA member institutions are prohibited from paying
prospective and current student-athletes for NIL activity.
D.
Student-athletes are
responsible for ensuring that they comply with all NJCAA bylaws, TCCAA rules,
and institutional procedures relating to NIL activity. Student-athletes are responsible for the
consequences of any decisions they make related to NIL activity, including
those that might render them ineligible or cause their removal from an
athletics team.
E.
Nothing in these
procedures shall impact the institution’s right to use the name, image, or
likeness of student-athletes in accordance with NJCAA and TCCAA bylaws and
policies. Student-athletes will continue to participate in institutional
promotional activities such as appearances, autograph signings, digital content
creation, photo shoots, and similar activities in accordance with existing rules,
but cannot be paid by the institution to participate in any such activity.
F.
Any NIL activity in
which a student-athlete engages shall not be deemed the speech of the
institution by virtue of the fact that the student-athlete attends an
institution or participates in its athletics program.
G.
NIL activity must be
commensurate with fair market value. A
TCCAA institution shall use reasonable and good faith judgment in making the
determination of fair market value.
H.
Any student-athlete,
faculty member, or staff member who has questions about these procedures should
contact the DSCC Athletic Director 731-286-3259 or email DSCCNIL@dscc.edu
II.
STUDENT-ATHLETE
PROHIBITIONS
A. Student-athletes shall not miss class, practice,
competition, or other team activities for NIL activities. Institutions may
adopt reasonable time, place, and manner restrictions to prevent an
intercollegiate athlete’s NIL activities from interfering with team activities,
the institution’s operations, and the use of the institution’s facilities.
B. Student-athletes shall not enter into
agreements for NIL activity or engage in any NIL activity that:
1.
Involves a tobacco
company or brand, including any tobacco product, alternative nicotine product,
electronic nicotine delivery system, or any electronic nicotine delivery system
retailer, or any specialty retailer of electronic-nicotine delivery systems or
tobacco specialty store;
2.
Involves any alcoholic
beverage company or brand;
3.
Involves any seller or
dispensary of a controlled substance, including, but not limited to, marijuana,
any substance that violates NJCAA bylaws or TCCAA rules, or any performance
enhancing drug;
4.
Involves any adult
entertainment business;
5.
Involves any casino or
entity that sponsors or promotes gambling activities;
6.
Conflicts with or
unreasonably competes with the terms of an existing agreement entered into by
the institution. Upon making such a
determination, the institution will disclose the relevant terms of any existing
agreement that conflicts or unreasonably competes with the student athlete’s
proposed agreement;
7.
Violates state or
federal law, NJCAA bylaws, TCCAA policies, or TBR or institutional policies;
8.
Remains in effect
longer than the duration of the student-athlete’s participation in an
institutional athletic program;
9.
The institution
reasonably considers to be in conflict with the values of the institution;
10.
Is conditioned on
athletic performance or attendance at the institution;
11.
Uses any of the
institution’s intellectual property, including, but not limited to copyrighted
material, registered or licensed marks, logos, verbiage, or designs of a TCCAA
institution, unless the institution has provided the student-athlete with
written permission to do so prior to the execution of the contract. If
permission is granted, the TCCAA institution, by agreement of all parties, may
be compensated for the use in a manner consistent with market rates or prior
practice; and
III.
STUDENT-ATHLETE
NOTIFICATION REQUIREMENTS
A.
Before any contract
for NIL activity is executed, and before any compensation is provided to the
student-athlete in advance of a contract, the student-athlete shall disclose
the proposed contract and its terms to the institution. The disclosure report must include the
identities of entities or persons who provide compensation to the
student-athlete, the amount of compensation received from each person or
entity, and any other information the institution deems relevant for
determining such identities and compensation.
The institution shall review such contract to determine its compliance
with this policy. For contracts executed prior to December 31, 2021, an
institution may retroactively approve the contract and receipt of compensation.
B.
Disclosure should be
made using the DSCC Athletics NIL-Pre-Approval Form linked on the DSCC Athletic
page under Information for Current Athletes.
C.
Student-athletes must
promptly disclose any revisions or amendments to agreements for NIL activity.
D.
A student-athlete must
file an annual report containing the same information as required for the
initial report prior to April 1 of each year.
E.
A student-athlete’s
failure to abide by these requirements relating to NIL activity, or a
student-athlete entering into a contract for compensation relating to NIL
activity after being advised by the institution that the proposed contract for
compensation is not in compliance with these procedures and applicable
requirements, shall be grounds for the suspension or revocation of the
student-athlete’s privilege of participating in the institution’s athletic
programs.
IV.
AGENTS
A. Per NJCAA bylaw Section 4.B.4,
student-athletes will immediately forfeit eligibility if they reach a written
agreement of any type with an agent or advisor to represent the student-athlete
or accept transportation, meals, lodging, entertainment, or gifts from an agent
or advisor.
B. Although limited negotiations with an agent or
advisor will not cause a student-athlete to be deemed ineligible,
student-athletes are cautioned to ensure that any contact with an agent or
advisor is consistent with NJCAA bylaws and will not result in a
student-athlete’s ineligibility.
V.
CONSIDERATIONS
FOR STUDENT-ATHLETES
A. Student-athletes should be aware that
receiving compensation for NIL activity is income and could impact their
financial aid, especially for those receiving Pell Grants or other need-based
aid. To the extent that a
student-athlete receives need-based financial aid, an institution may lower
need-based financial aid as a result of compensation earned for the athlete’s
NIL activity. Institutions will treat
compensation earned by student-athletes in the same manner as the institution
treats compensation earned by other students with equivalent levels of
financial need. Student-athletes are encouraged to consult with the financial
aid office in advance of engaging in any NIL activity to fully understand these
potential impacts.
B. Entering into NIL agreements could also create
tax liability. Student-athletes should consult with a tax professional
regarding these issues.
C. An international student-athlete should not
accept compensation from NIL activities until after the individual has
confirmed that earnings from those activities will not jeopardize or adversely
affect the individual’s visa or immigration status.
D. Any agreement entered into with a student
athlete under the age of eighteen for NIL activity must comply with the
Tennessee Protection of Minor Performers Act, T.C.A. § 50-5-201, et seq.
E. The institutional cannot provide legal advice
to student-athletes.
VI.
INSTITUTIONAL
PROHIBITIONS
A. Employees of the institution, employees of the
TBR System Office, and employees of foundations that support institutions,
shall not make payments to athletes for NIL activity (or any other payments to
athletes). These prohibitions also apply to businesses, corporations, and other
entities in which such an individual is an owner or principal. Such
compensation for NIL activity may only be provided by a third party.
B. Neither the institution nor any officer,
director, or employee of the institution shall be involved in the development,
operation, or promotion of a current or prospective student-athlete’s name,
image, or likeness, including actions that compensate or cause compensation to
be provided to a student-athlete or the family of a student athlete for NIL
activity.
C. The institution shall not make direct payments
in exchange for athletic performance or as a recruiting inducement. An
athletics scholarship award is NOT considered compensation for NIL activity.
D. Boosters are not permitted to make direct
payments to student-athletes. Boosters
are allowed to engage in NIL activity to the same extent as other third parties
and if done so consistently with these procedures.
E. Student-athletes are prohibited from wearing
any item of clothing, shoes, or other gear with the insignia of any
non-institutional entity while wearing athletic gear or uniforms utilized by
the institution or otherwise competing in any athletic competition or member
sponsored event.
F. The institution may decide to prohibit a
student-athlete from wearing any school and/or team apparel for any NIL
activity, including, but not limited to, commercials, social media platforms,
photos, etc.
G. An institution may prohibit student-athletes
from soliciting and/or accepting a contract for NIL activity with one or more
donors or prospective donors to the institution or the foundation supporting
the institution.
H. TCCAA members shall not revoke or reduce an
athletics scholarship as a result of a student-athlete earning compensation in
accordance with NIL activities, unless otherwise required by federal laws or
institutional standards governing need-based awards due to income received.
VII.
INSTITUTIONAL
OBLIGATIONS
A.
Institutions shall
review and approve or deny prospective NIL activity. Institutions shall also review annual
disclosures for compliance with these procedures and applicable laws and policies.
B.
Institutions shall
conduct a financial literacy workshop for student athletes during the athlete’s
first full term of enrollment. The
workshop must cover, at a minimum, information related to the requirements of
Tennessee law and this policy, maintaining eligibility to compete at bachelor
degree issuing institutions, budgeting, and debt management
Compliance:
Student-athletes, faculty, and staff must follow any and all applicable requirements of NJCAA, TCCAA, or DSCC (herby referred to as the institution) relating to Name, Image and Likeness (NIL) activity.
Definitions:
NJCAA – National Junior College Athletic Association https://www.njcaa.org/eligibility/2020-21/index.
TCCAA – Tennessee Community College Athletic Association – http://tjccaa.com/landing/index
NIL activity – any activity in which a student-athlete’s name, image, or likeness or personal appearance is used for promotional purposes by a non-institutional entity or person, including for use by the individual prospective student-athlete or student-athlete, a commercial entity, or a non-institutional non-profit or charitable entity, regardless of whether such use is compensated or uncompensated
Revision History:
Policy written by Dean of Students. Approved by the DSCC Administrative Council on April 28, 2022.