A) The Illinois Student-Athlete Endorsement Rights Act.
- On July 1, 2021, the Illinois Student-Athlete Endorsement Act (the "Act") was enacted by the State of Illinois. The Act allows student-athletes to profit from their name, image, and likeness ("NIL") and is to be complied with in conjunction with the July 1, 2021, NCAA Interim name, image, and likeness policy.
- This NIL Policy for IWU Athletics sets forth the rights and responsibilities of the University and the student-athletes as contained within the Act and the NCAA Interim name, image, and likeness policy.
B) NAME, IMAGE, & LIKENESS ACTIVITIES
- For purposes of the Illinois Student-Athlete Endorsement Rights Act, the following terms are defined
a. "Image" means any visual depiction, including, but not limited to, photograph, digital image, rendering, and video.
b. "Likeness" means a physical, digital, rendering, or other depiction or representation of a student-athlete, including a student-athlete's uniform number or signature, that reasonably identifies the student-athlete with particularity.
- c. "Name" means the first or last name or the nickname of a student-athlete when used in a context that reasonably identifies the student-athlete with particularity
d. "Name, image, and likeness agreement" or "publicity rights agreements" means a contract or other written or oral arrangement between a student-athlete and a third-party licensee regarding the use of the name, image, likeness, or voice of the student-athlete.
- Subject to the NCAA rules and this IWU Athletics policy, IWU student-athletes may earn compensation, commensurate with market value, for the use of the name, image, likeness, or voice of the student-athlete while enrolled at IWU and obtain and retain a certified agent for any matter or activity relating to such compensation.
- A student-athlete may not receive compensation for use of their name, image, likeness, or voice, that is contingent on, or an inducement to, the student-athlete enrolling at IWU or that is based on the student-athlete's athletic participation or achievement. A student-athlete may not receive compensation related to a name, image, and likeness agreement for work not performed by the student-athlete.
- To protect the integrity of its educational mission and intercollegiate athletics program, the Act authorizes IWU to impose reasonable limitations on the dates and time that a student-athlete may participate in endorsement, promotional, social media, or other activities related to the license or use of the student-athlete's name, image, likeness, or voice.
- IWU prohibits a student-athlete from wearing any item of clothing, shoes, or other gear or wearables with the name, logo, or insignia of any entity during an intercollegiate athletics competition or institution-sponsored event (e.g., practices, and team gatherings and meetings).
- No student-athlete shall enter into a publicity rights agreement or receive compensation from a third party licensee for the endorsement or promotion of gambling, sports betting, controlled substances, cannabis, a tobacco or alcohol company, brand, or products, alternative or electronic nicotine product or delivery system, performance enhancing supplements, adult entertainment, or any other product or serve that is reasonably considered to be inconsistent with the values or mission of IWU or that negatively impacts or reflects adversely on IWU or its athletic programs, including, but not limited to, bringing about public disrepute, embarrassment, scandal, ridicule, or otherwise negatively impacting the reputation or the moral or ethical standards of IWU.
C) COMPLIANCE AND REGULATIONS
- A student-athlete shall provide IWU with written notice and a copy of the agreement within seven (7) days of entering into a representation agreement with any individual for the purpose of exploring or securing compensation for use of the student-athlete's name, image, likeness, or voice.
- Publicity rights agreements that contemplate cash or other compensation to the student-athlete that is equal to or in excess of a value of Five Hundred Dollars ($500.00) shall be formalized in a written contract, and the contract shall be provided to IWU prior to the execution of the agreement and before any compensation is provided to the student-athlete. A student-athlete shall disclose to IWU the existence and substance of all other publicity rights agreements entered into by the student-athlete within fourteen (14) days of the execution of any such publicity rights agreement. The disclosures shall be made using the NIL Activity Reporting Form found at here or at www.iwusports.com/NILform
- Student-athletes may not use any of IWU's registered or licensed marks, logos, verbiage, name, or designs in conjunction with NIL activities or publicity rights agreements unless specific approval is obtained in advance by the IWU athletic department for NCAA approved activities.
- All uses of IWU athletic facilities for any NIL activity will follow the same policies and procedures for anyone interested in renting or utilizing any of IWU's athletic facilities.
- The consequence for first-time violators will be educationally focused (e.g., education and training on a student's rights and responsibilities under the Policy). In the event there are multiple violations of the policy by a student-athlete, then such violations should be treated similarly to any other NCAA violation by a student-athlete.
D) ADDITIONAL IMPORTANT INFORMATION
- Please discuss with IWU's financial aid office to see how any NIL activity could impact your financial aid packages.
- All international student-athletes should discuss how NIL activity could impact their VISA status with IWU's international office prior to signing any NIL deal.
- Student-athletes should follow all applicable tax laws for reporting NIL compensation.
- It is impermissible for any University employed staff members to create content for student-athletes NIL deals.
- IWU cannot directly or indirectly arrange for a third-party to provide compensation to a prospective or current student-athlete.
*This is a working document and subject to change at any time in the sole discretion of Illinois Wesleyan University.
This interim policy is effective July 1, 2021.
