Name Image and Likeness: Q and A for Boosters
NIL Q&A for Boosters
Kent State Athletic boosters are an integral part of the department and nothing in the Ohio Executive Order prohibits their involvement in NIL opportunities with student-athletes. However, NCAA rules restricting preferential treatment, extra benefits, recruiting inducements and contact restrictions still apply to NIL arrangements and extra caution should be observed.
Any questions about NIL should be directed to Phil Tizio – ptizio@kent.edu
Q1: How do I know if I am considered Booster?
A1: The NCAA defines a booster as any individual, independent agency, corporate entity (e.g. apparel or equipment manufacturer) or other organization who: has participated in or is a member of an agency or organization promoting the institution’s athletic program, has made a financial contribution to the athletic department or The Golden Flashes Club (TGFC), has assisted or is currently assisting in providing benefits to an enrolled student-athlete or their family members, or has been involved in otherwise promoting the institution’s athletic program.
Q2: What are NIL activities?
A2: NIL activities include, but are not limited to: social media endorsements, commercials, appearances, autograph signings, and other similar activities in which a business, brand, product or service is promoted.
Q3: What is an extra benefit?
A3: The term “extra benefit” refers to any special arrangement by an institutional employee or booster to provide the student-athlete or his or her family members or friends with a benefit not expressly authorized by NCAA legislation. This includes but is not limited to meals, entertainment, transportation (e.g. flights, use of car) and loans.
Q4: Does the institution need to be notified of the NIL opportunity?
A4: Yes, student-athletes are required by law to complete a NIL Disclosure Form. While you may remind the student-athlete they are required to disclose the NIL opportunity, this is the responsibility of the student-athlete and you cannot complete this for them. Disclosures must include a copy of the student-athletes written NIL agreement, contract, or a summary detailing the verbal agreement between the student-athlete and entity. The disclosure form and agreement must be provided in advance of beginning any NIL activity and emailed to ptizio@kent.edu
In accordance with the Executive Order 2021-10D, Kent State will review the agreement to determine if a conflict exists with any current Kent State University contracts and the proposed agreement, or if the NIL activity falls under the restricted categories.
Q5: Can a Kent State coach or staff member provide me a student-athlete’s contact information for NIL purposes?
A5: No. Kent State NIL policy prohibits University employees from compensating or facilitating compensation to a student-athlete, a prospective student-athlete, or their family members for NIL activities. While it is permissible for a booster to compensate a student-athlete for NIL activities, University employees may not be involved in arranging NIL activities. Individuals interested in contacting student-athletes for NIL deals may do so directly (link to directory) or by completing the form here for interested businesses.
Q6: What if a University employee is also an Golden Flashes Club (TGFC) member? Can University employees compensate student-athletes for use of their NIL?
A6: No. University employee status supersedes TGFC member status. An institutional employee may not personally compensate student-athletes for use of their NIL nor may they create or facilitate compensation opportunities for the use of a student-athletes’ NIL.
Q7: Can a booster provide NIL compensation to a high school recruit, so they will attend Kent State?
A7: No. Ohio Executive Order prohibits the recruitment of a prospective student-athlete with NIL opportunities or the promise of NIL opportunities. Additionally, any compensation provided as a recruiting inducement to attend Kent State remains impermissible.
Q8: Can I arrange for a student-athlete to promote a business I own or work at?
A8: Yes, that is a permissible NIL arrangement. Student-athletes are required to disclose all NIL activities to the compliance office by using the NIL Disclosure Form provided by the department, along with their written NIL agreement. The disclosure form and agreement must be provided in advance of beginning any NIL activity. In accordance with the Executive Order 2021-10D, Kent State will review the agreement to determine if a conflict exists with any current Kent State University contracts and the proposed agreement, or if the NIL activity falls under the restricted categories.
Q9: Can a booster provide a student-athlete with non-cash compensation (free meal, discount, etc.) for a permissible NIL activity?
A9: Yes, in-kind compensation is permissible, provided the student-athlete has completed the promotion and disclosed the agreement to the University. It remains impermissible to provide payment of any kind to a student-athlete for work not performed.
Q10: Can a booster provide a student-athlete entertainment (i.e. a day at the lake, meals, etc.) unrelated to NIL activities?
A10: No, providing entertainment unrelated to NIL would be considered an extra benefit and would negatively impact the student-athlete’s eligibility.
Q11: Are there prohibited categories for NIL activities?
Yes, student-athletes at Kent State University are public representatives of the university and may not engage in any activity, especially NIL activities that are contrary to the universities mission and values. These categories include but are not limited: any company/brand that manufactures, markets, sells, or is associated with; a controlled substance, marijuana product (medical or recreational), tobacco products (including electronic smoking devices and vapor products), adult entertainment, and casino or any entity that sponsors/promotes gambling.
Q12: Can a student-athlete use university branded attire or material during promotional events (e.g., student-athlete filming endorsement ad while wearing a Kent State shirt)?
A: Student-athletes, like all other students/employees, may not use Kent State logos, trademarks, or any other intellectual property, without proper licensing approval. This includes photos/videos of the student-athlete that contain Kent State intellectual property, regardless of how you obtained the photo. Student-athletes must contact Suzette McQueen (smcquee1@kent.edu) regarding requests to use a Kent State marks for any NIL activity.
Q12: Can a booster compensate a student-athlete for an autograph in the lobby of the team hotel at an away game?
A: A: No. Student-athletes are prohibited from participating in NIL activities while required to be present for official team activities, including, but not limited to; practice, meetings, weights, film sessions, scrimmages, or competition on or off campus.
Q13: Can a booster purchase a game-worn jersey from a student-athlete?
A13: No. Student-athletes may not sell or exchange for another item of value institutionally issued apparel, equipment, awards, etc. (even if it will not be re-used) until they have exhausted their eligibility.
