Name Image and Likeness: Q and A for Student Athletes
Ohio Law and recent changes to NCAA policy now permit student-athletes to earn and pursue compensation through Name, Image, and Likeness (NIL) activities. The following FAQ has been developed to assist student-athletes in understanding what NIL activities you can engage while not affecting your eligibility. International student-athletes should also familiarize themselves with the rules surrounding NIL and student visas, that Q and A can be found at the bottom of the page.
Any questions about NIL or related policies should be directed to Phil Tizio – ptizio@kent.edu
Q: Do I have to disclose my NIL opportunity to my institution?                                                                         Â
A: Yes, student-athletes are required by law to complete a NIL Disclosure Form. Click Here to go to the NIL Disclosure Form. 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
Q: Can I promote that I am a student-athlete at Kent State University?
A: Yes, but student-athletes may not earn any NIL compensation that is contingent upon enrollment or continued enrollment at Kent State University or any other specific collegiate institution.
Q: Can a Kent State Athletic booster/donor provide me with an NIL opportunity?
A: Yes, athletic boosters/donors may provide student-athletes with NIL opportunities. However, as with all NIL opportunities, the opportunity must involve work actually performed on the part of the student-athlete (quid pro quo agreement). Accepting payment for work not actually performed in the NIL agreement may be considered an extra benefit violation.
Q: Are there prohibited categories for NIL activities?
A. 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.
Q: Can an individual not related to me (i.e., non-family members) provide me with entertainment (i.e. a day at the lake, meals, etc.) unrelated to NIL activities?
A: No, providing entertainment unrelated to NIL would be considered an extra benefit. Receiving extra benefits will result in an NCAA violation.
Q: Can I be compensated for any NIL activities during team mandated activities?
A: No. Student-athletes are prohibited from participating in NIL activities from the time they report for any team activity until they are released by the appropriate institutional authority. Activities include, but are not limited to; practice, meetings, weights, film sessions, any competition on or off campus and associated travel.
Q: Can my NIL terms (written or verbal) dictate what I wear or what equipment I use during practice and/or competition?
A: No. You are required to wear team-issued gear and use team-issued equipment during all CARA related activities.
Q: Can my NIL terms (written or verbal) state I will get a bonus for winning a Championship?
A: No. Student-athlete cannot get paid for how well they play/perform. Pay-for-play compensation will result in an NCAA violation.
Q: Can I use university branded attire or material during promotional events or include the Kent State University logo in my activity?
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.
Q: Do I have to pay taxes on my NIL earnings?
A: Possibly. NIL compensation may be considered taxable income, and student-athletes should consult with a tax professional regarding filing their earnings.
Q: If I earn NIL money, could my Pell Grant change?
A: Potentially. NIL compensation may be considered taxable income. Due to this, Pell Grant, federal aid, and/or other need-based aid could be impacted by NIL activities.
Q: Can I use a professional services provider (e.g. attorney, brand advisor, or agent) for NIL activity?
A: Yes, student-athletes may use the services of professional advisors to assist them with their NIL activities. These advisors include: marketing agents, tax advisors, and legal advisors. Kent State University cannot provide these services except services that are available to all Kent State students (e.g., Student Legal Services). Student-athletes must pay the normal costs and fees associated with these services. Student-athletes may not employ an agent for the purpose of directly or indirectly negotiating with professional athletic teams or organizations, or for the sole purpose of marketing their athletic ability or reputation to a professional team or organization. Hiring such reputation may jeopardize the student-athletes amateurism.
