Grace College - NIL (Name, Image, Likeness)

6/23/2022 11:00:00 AM

Grace College is committed to providing Christ-centered educational opportunities and championship level athletic opportunities for all students participating in Christ centered intercollegiate athletics.

With the NAIA providing guidance to allow student-athletes to be compensated for their name, image, and likeness (NIL), Grace College's athletic department is committed to providing educational opportunities in this area to its student-athletes to empower and prepare them to maximize their opportunity with respect to NIL, while also protecting their NAIA eligibility.

Student-athletes who are interested in pursuing NIL opportunities should begin by contacting Grace's athletic department. Grace's policy information can be found by reading the sections below. Student-athletes should also review the materials posted by the NAIA to stay current with the most recent legislative changes regarding NIL.

In order to avoid jeopardizing athletic eligibility, student-athletes are strongly encouraged to complete the NAIA's NIL Disclosure Form prior to the NIL activity. Further questions can be directed to Josh Neuhart, Assistant A.D. (sportsinfo@grace.edu) and to Chad Briscoe, Director of Athletics (chad.briscoe@grace.edu). A list of Frequently Asked Questions (FAQ's) can be found at the bottom of this page.

The NAIA has adopted guidance governing student-athletes’ NIL activities (the “NAIA Rules”). The NAIA Rules permit student-athletes to receive compensation from use of their name, image, or likeness when promoting a commercial product or enterprise, or for a public or media appearance, and to allow individuals to represent student-athletes in these promotions or agreements with a professional sports organization.
Student-athletes must notify their athletics director of any name, image, and likeness compensation received within 10 days following the activity. The NAIA’s National Coordinating Committee (NCC) has the authority to review a student’s failure to uphold this responsibility and apply penalties, as necessary.
A student-athlete receiving compensation for the use of his or her name, image, and likeness to promote a commercial product or enterprise, or public or media appearance must report it in writing (see section on "Disclosure of NIL Activities" below for details) to his or her athletics director when such promotion includes reference to his or her status as a student-athlete or institution. Failure to do so shall result in an institutional self-report violation, to be reviewed by the National Coordinating Committee. The committee is empowered to review such violations and apply penalties as necessary, including but not limited to a warning or reprimand to the student-athlete, withholding the student from future competitions, and/or determining the student has lost his or her amateur status.
Subject to the NAIA rules and this Grace Athletics policy, athletes may use their NIL in a variety of ways that may include, but is not limited to, promoting their own business, promoting, or endorsing a corporate entity (e.g., a brand ambassador or social media influencer); conducting camps, lessons or clinics; making appearances; or signing autographs. Grace student-athletes may receive compensation, either in-kind or monetarily, for engaging in NIL activities, subject to the NAIA rules and this Grace Athletics policy. Grace student-athletes may engage in NIL activities and receive corresponding compensation from college donors or sponsors so long as the compensation is for the NIL activity and is not a recruiting inducement or an inducement to remain enrolled at Grace.
Student-athletes are not permitted to use Grace’s intellectual property, including its trademarks, logos, or symbols, to either implicitly or expressly endorse a third party or product without the prior written approval of Grace College. Student-athletes may autograph and sell officially licensed memorabilia that includes college marks. Per policy, student-athletes may not sell products provided by Grace Athletics or awards received for intercollegiate athletic participation while they are a student-athlete.
Student-athletes cannot engage in NIL activities during the course of team activities, which include competitions, practices, and team gatherings and meetings. Student athletes also must not allow NIL activities to interfere with their academic obligations.
Student-athletes may, subject to availability and subject to the terms of a facility use agreement, use Grace Athletics’ facilities to conduct camps, clinics, or lessons if the student-athlete pays the standard facility rental rate. Student-athletes may not use Grace facilities in such a manner that creates the impression – either express or implied - that Grace expressly or indirectly endorses a third party or product, unless prior written approval is obtained from Grace College.
Student-athletes must not use their NIL to promote gambling, alcohol products, tobacco products, adult entertainment, substances banned by the NAIA, or products or services that are illegal.
In the course of their education and participation at Grace, student-athletes must disclose any NIL activities to their Athletics Director through the NAIA NIL Disclosure Form within ten (10) days following the activity. Grace Athletics highly recommends that student-athletes complete the NIL Disclosure Form prior to the NIL activity whenever possible so that Grace College athletic department can ensure the activity does not jeopardize the student-athlete’s eligibility.
Student-athletes should be aware that receiving compensation for NIL activities could have an impact on their financial aid, especially for those receiving Pell Grants. Student athletes are encouraged to consult with the financial aid office on their home campus to fully understand these potential impacts.
International student-athletes should discuss how receiving compensation may impact their VISA status with the Grace International Student Services and their athletic department prior to engaging in NIL activities.

In January 2022, the NAIA and Opendorse announced a first-of-its-kind partnership to prepare NAIA student-athletes for success in the NIL era of college sports. As the first-ever association-wide deal in college athletics, the three-year partnership will provide all NAIA athletes with free access to the market’s leading NIL solutions. Additionally, Opendorse will launch an NAIA-specific marketplace, empowering student-athletes to connect with supporters for compliant NIL deals.

As the exclusive NIL partner of the NAIA, Opendorse will continue its mission to help every athlete. The partnership further establishes the NAIA as an institutional NIL leader, becoming the first college athletics association to provide an all-in-one NIL solution for student-athletes to maximize and safely manage their NIL opportunities and value. The NAIA and its student-athletes will use Opendorse’s NIL marketing, education, and compliance platform, thereby streamlining deals, compliance disclosures, and secure payment.

Through the agreement, a curated NIL marketplace for all NAIA student-athletes will be created and supported by Opendorse, providing brands and fans with a single platform to browse and book deals with NAIA athletes. The marketplace enables student-athletes to automatically disclose activities, ensuring compliance with their institutional policies.

As part of the partnership, Opendorse will provide each NAIA participant with a full NIL assessment detailing their NIL value, giving student-athletes a clear outlook of what they stand to gain from completing deals with brands and fans in their community.

Student-athletes can sign up for Opendorse for FREE here to get started.

WHAT IS NIL?

NIL stands for Name, Image and Likeness. The NAIA membership passed legislation in October 2022 which allows NAIA athletes to profit off their name, image and likeness without violating the amateurism rules of the NAIA. Athletes are permitted to use their NIL to earn income in ways that are permitted within the NAIA, state and institutional legislation.

WHAT IS THE STUDENT-ATHLETE'S RESPONSIBILITY?

Any student-athlete who is being compensated for the NIL, which also makes reference to their school or status as a student-athlete, has the responsibility to report that compensation to their institution in a timely manner (within 10 days, preferably before completing the NIL activity).

HOW DOES A STUDENT-ATHLETE REPORT THEIR NIL AGREEMENT?

The primary option is to submit details of the NIL agreement using the NAIA's NIL Disclosure Form. Failure to report an NIL agreement can have consequences on a student-athlete's eligibility.

WHAT HAPPENS IF A STUDENT-ATHLETE DOES NOT REPORT AN NIL AGREEMENT?

Failure to report any NIL activity shall result in an institutional self-report, to be reviewed by the NAIA’s National Coordinating Committee. The committee is empowered to review such violations and apply penalties as necessary, including but not limited to a warning or reprimand to the student-athlete, withholding the student from future competitions, and/or determining the student has lost his or her amateur status.

CAN GRACE LIMIT WHAT THE STUDENT-ATHLETE PROMOTES?

Yes. Grace College has the ability to enforce restrictions on agreements that are deemed to be a conflict of interest with the institution's own mission or current sponsorship agreements. Additionally, many states have, or are in the process of, passing laws that might dictate what is eligible for NIL activities.

A STUDENT-ATHLETE WISHES TO PROMOTE THEIR OWN PERSONAL TRAINING / COACHING. IS THIS PERMISSIBLE?

Yes. Receiving reasonable compensation for officiating or coaching in amateur, recreational or interscholastic programs is already permitted by NAIA bylaws. A student-athlete may solicit and be paid reasonable compensation for lessons as well.

ARE STUDENT-ATHLETES PERMITTED TO UTILIZE GRACE COLLEGE EQUIPMENT OR FACILITIES FOR NIL ACTIVITIES?

Student-athletes may, subject to availability and subject to the terms of a facility use agreement, use Grace Athletics’ facilities to conduct camps, clinics, or lessons if the student-athlete pays the standard facility rental rate. Student-athletes may not use Grace facilities in such a manner that creates the impression – either express or implied - that Grace expressly or indirectly endorses a third party or product, unless prior written approval is obtained from Grace College.

ANYTHING ELSE TO KNOW?

There must be a quid pro quo with the NIL agreement. A business cannot provide a student-athlete cash or the equivalent without the promotional aspect.