CSU ATHLETICS: Colorado State Athletics Name, Image, and Likeness Guidelines

CSU ATHLETICS: Colorado State Athletics Name, Image, and Likeness Guidelines

POLICIES REGARDING NAME, IMAGE AND LIKENESS
As we are required to abide by NCAA and state of Colorado legislation, the NIL policies here at Colorado
State must exist in three categories until more uniform legislation is enacted.


As you read through these policies, please contact the NCAA Compliance officers here on campus if you
have any questions. No question is too big or too small!


• Shalini Shanker – Shalini.Shanker@colostate.edu
• Megan Boone – Megan.Boone@colostate.edu


Below are those points, and we have added some clarification text beneath some of the more confusing
policies to help you better understand what they mean.


NCAA Policies
• Student-athletes are allowed to be paid for the use of their name, image or likeness. However,
NCAA extra benefit and preferential treatment rules still apply.
• Student-athletes may not enter NIL agreements without quid pro quo (e.g., no compensation for
work not performed).
o This means NIL compensation that you receive that doesn’t require fulfillment of
obligations on your part would be impermissible.
• NIL compensation may not be provided or offered contingent on initial or continued enrollment
at a particular institution.
o This means NIL compensation you receive that includes stipulations about where you
choose to attend school are impermissible.
• NIL compensation contingent on specific athletic performance or achievement (e.g., financial
incentives based on points scored) may not be offered. Athletic performance may enhance a
student-athlete’s NIL value but athletic performance may not be the “consideration” for NIL
compensation.
o This policy covers the phrase you may have heard “Pay for Play.” NIL compensation that
requires you to achieve a certain result or score a desired number of points is
impermissible.
• Student-athletes may not receive benefits that are inconsistent with institutional policies (e.g.,
benefits or arrangements not available to the general student body).
State of Colorado NIL Law
• Student-athletes may be paid for the use of their name, image and likeness.
• Student-athletes may hire someone to represent their interests with respect to NIL; hiring an
agent to represent you for professional sports opportunities is still prohibited by the NCAA.
o You may hire a professional brand manager to assist you with the process of securing
the best NIL opportunities and ensuring you are receiving the proper market value.
• Student-athletes must disclose to the athletic director any contract entered into within 72 hours
or prior to next contest, whichever occurs first. Colorado State Athletics Policies
• Student-athletes may not wear or use any CSU trademarks/logos when engaged in NIL activities
unless properly licensed through CLC.
• Student-athletes may not engage in NIL activities while representing the institution.
Representing the institution is defined as practice, conditioning, competition, team travel and
CSU promotional activities.
• NIL disclosure form must be submitted to the Compliance Office whenever a student-athlete a
student-athlete receives compensation for his or her NIL, regardless of whether a contract is
signed.
o That form is attached to this e-mail and available on our website by clicking HERE.
• Use of institutional facilities for NIL activities is prohibited unless rented by the student-athlete
at normal and customary rates.
o If you would like to explore this as an opportunity, you complete a special event request
form located at https://www.fm.colostate.edu/eventRequest.


FREQUENTLY ASKED QUESTIONS
What is a name, image and likeness activity?
It is an activity that involves the use of an individual’s (i.e., a prospective or current student-athlete’s)
name, image and likeness for commercial or promotional purposes.


What is the impact of the NCAA interim NIL policy on prospective student-athletes?
Prospective student-athletes may engage in the same types of NIL opportunities available to current
student-athletes under the interim NIL policy without impacting their NCAA eligibility. NIL opportunities
may not be used as a recruiting inducement or as a substitute for pay-for-play. Individuals are
encouraged to consider state laws, if applicable, and the rules of any relevant amateur governing
bodies.


How can I benefit from these new policies without jeopardizing my ability to compete?
Simply put, communicate as frequently as necessary with our NCAA Compliance officers to ask any and
all questions you may have. We are all navigating this new frontier together, so in the first few months,
we expect there will be a lot of questions from student-athletes.


Which state law is applicable to prospective student-athletes prior to enrollment?
The NCAA cannot provide guidance on issues of state law. The state you live in and the states where a
prospective student-athlete may wish to enroll may have NIL laws with which you will want to be
familiar. A prospective student-athlete may consult a professional services provider, contact the
athletics compliance office of NCAA schools they may choose to attend, or research state law
compliance requirements where they may wish to enroll. NCAA schools may also have specific NIL
policies that should be considered.

Who is a professional service provider?
A professional service provider is an individual who provides third-party services to a prospective or
current student-athlete. It includes, but is not limited to, an agent, tax advisor, marketing consultant,
attorney, brand management company or anyone who is employed or associated with such persons.
I have seen other schools announce partnerships with professional NIL companies.

What are we doing here at Colorado State?
There are companies in the marketplace who support student-athletes in their NIL endeavors, and we
have been in deep discussion for months with all of them. When the state of Colorado signed the NIL
legislation into law with an effective year of 2023, those conversations slowed down to focus on COVID
recovery. However, the NCAA’s interim NIL policies enacted on June 30 and the state of Colorado
legislation amendment on June 28 to change the effective date of the state law to July 1, jumpstarted
those conversations again, and we are exploring new partnerships that will make this process more
streamlined and beneficial for you.


We will share details on that partnership and how they will benefit our student-athletes as soon as
possible.

I received an NIL opportunity from a direct competitor to a sponsor of Colorado State Athletics. Is this
allowed?
Yes. There is no restriction on those opportunities here at Colorado State. However, you cannot engage
in that opportunity or fulfill it while representing Colorado State Athletics. For example, while you are at
practice, you must continue to wear team-issued apparel. You cannot wear apparel that you are
promoting or received through an NIL opportunity.


I have a large following on my social media channels where I discuss fitness and received an NIL
opportunity to promote a fitness product. Is this allowed?
Yes. However, you must ensure that the product you are endorsing or potentially using does not
included any ingredients on the NCAA’s list of banned substances. NIL opportunities do not supersede
NCAA drug testing policies.


Are individuals permitted to enter NIL agreements with boosters/donors?
Yes, provided the activity is in accordance with state laws and school policy, is not an impermissible
inducement and does not constitute pay-for-play.


Are international student-athletes permitted to benefit from name, image and likeness activities?
NIL doesn’t distinguish US from international students. However, international student visas restrict the
ability to work in the US off campus so international students should consult with the campus
international office regarding visa and tax implications for NIL work off campus.


Does the NIL policy change how Colorado State may use my name, image and likeness?
No. A school is still permitted to use a student-athlete’s name, image and likeness to support its
charitable and educational activities, as well as activities related to participation in college sports,
subject to applicable state laws.

Is Colorado State Athletics permitted to compensate student-athletes related to NIL activities?
No. Per the State of Colorado law and NCAA rules, neither an institution nor an athletic association
(conference) shall provide compensation to a current or prospective student-athlete.


How do I report NIL compensation for tax purposes?
Individuals should follow all applicable tax laws for reporting NIL compensation. Requirements may vary
based on state and/or country.


My friend attends another university in a different state, and what they are being told is different
than what I am being told. Why is that?


While the NCAA continues to work on legislation at the federal level through Congress, these interim
policies at the NCAA also allow for variances between states and even institutions. Colorado State
student-athletes should rely on the policies and procedures outlined here and communicate any
questions to the Compliance office.


Does compensation I receive through NIL activities affect my financial aid?
Yes and no. Compensation you receive does not affect your athletic scholarship, but it may affect the
amount of need-based aid you receive. These types of federal and state aid include but are not limited
to Pell Grants.


How involved can Colorado State Athletics administration, coaches, and staff be in NIL activities?
Colorado State cannot participate in the procurement, management, or execution of NIL activities
alongside or on behalf of their student-athletes. However, Colorado State Athletics will continue to
provide guidance to ensure student-athletes do not jeopardize their eligibility, and forthcoming
partnerships will support student-athletes in their NIL activities.
• Colorado State administrators, coaches, and staff cannot use inducements or make promises of
future endorsements to prospective student-athletes.
• Colorado State administrators, coaches, and staff cannot help secure endorsement or arrange
paid income opportunities for current student-athletes.
• NIL legislation does not allow for any compensation based on enrollment or attending Colorado
State University, or athletic performance at Colorado State, including compensation from
boosters.
The NCAA has a hub that will update with additional educational materials as they become available.
You can access that hub by clicking HERE