Saint Vincent College Name, Image and Likeness for Student Athletes

Direction to Student Athletes

Saint Vincent College and the NCAA now permit student athletes to earn compensation for use of the athlete’s name, image and likeness (NIL) as long as it is done in accordance with the law of Pennsylvania. A failure of the student to abide by this law will, in addition to any other sanctions, subject them to penalties imposed by both the NCAA and by Saint Vincent College.

The following are the important guidelines for any student who wishes to sign an agreement whereby they will earn compensation for the use of their NIL.

1. Any proposed agreement you intend to sign must be submitted to the Athletic Director of Saint Vincent College at least seven days prior to your execution of the agreement.
2. The Agreement may compensate you but only in an amount that equates with the fair market value of your name, image and likeness.
3. You may not accept any compensation in exchange for your attendance at Saint Vincent or your participation in any athletic competition here. The new law does not authorize what is commonly understood as a “pay-for-play” agreement.
4. You may not earn any compensation for authorizing the use of your NIL in connection with any person, company or organization which is related to or associated with the development, production, distribution, wholesaling or retailing of any of the following:
   1. Adult entertainment products or services
   2. Alcohol products
   3. Casinos or any sports betting, lottery or any other forms of gambling.
   4. Tobacco and electronic smoking devices or products
   5. Prescription pharmaceuticals
   6. Any controlled substance
   7. Any products specifically prohibited by Saint Vincent College. These include any products or organizations in conflict with the Mission of the College. Part of the seven-day review period will be used to determine if any such conflicts exist.
5. You may not enter into an agreement which conflicts with existing institutional sponsorship arrangements of Saint Vincent College. Part of the seven-day review period will be used to determine if any such conflicts exist.
6. While you may obtain professional representation in relation to the use of your NIL, you may not retain any professional representation to represent you with respect to your hoped-for transition to play professional athletics. The NCAA rule that renders you ineligible “if the individual enters into an oral or written agreement with an agent for representation in future professional sports negotiations that are to take place after the individual has completed their eligibility in that sport” still applies. So you should be very careful when engaging the services of an agent that there is a clear understanding as to the limit of the agent’s duties and authorities being limited to potential NIL deals.
7. If you intend to enter into an agreement in which the use of your NIL will necessarily require the use of Saint Vincent’s trademarks, logos, mascots or other intellectual property (for example, use of a photo depicting you in a Saint Vincent uniform), the entity agreeing with you must obtain a specific license from Saint Vincent to permit the use of the college’s intellectual property in the promotion in which you are featured.
8. You must finally understand that any income you receive from an NIL agreement could possibly impact the financial aid you receive from Saint Vincent; or, if you are a foreign student here on a visa, it might affect your visa status. Any questions you have about that impact must be addressed prior to the execution of any agreement you intend to sign.
9. Any questions regarding the interpretation of this policy should be directed the Athletic Director and/or the NCAA Compliance Coordinator of the College.

Direction to Coaches & Staff

Coaches and other members of the Athletic Department are advised that under Pennsylvania law, Saint Vincent cannot prevent any student athlete from earning compensation through the use of their NIL as long as the student follows the protocols set forth above. Even though schools in some states are allowed to do so, under the new Pennsylvania law, Saint Vincent is also prohibited from arranging for third-party compensation for student athletes or using payments for NIL as an inducement to recruit prospective students.

Furthermore, to the extent that Saint Vincent sells any college team jersey, video game, trading card or any other matter which uses the NIL of a student, the student is entitled to a royalty payment for that usage.

Finally, Saint Vincent Athletic personnel must recognize that the Pennsylvania law applies not only to all residents of Pennsylvania in our program but to all student athletes attending here regardless of their residency status. Importantly, however, the laws of certain other states may also apply to Saint Vincent students who are residents of other states. If there is an issue about a particular student athlete and what particular law applies to their conformity to NIL rules, you must immediately notify the legal office at Saint Vincent for a clarification.

For your information, the following is a statement of the NCAA’s new interim rule on this as well as some additional information. Please note that the NCAA rules require us to conform to the law of Pennsylvania which is otherwise outlined above.

NCAA Interim Rule: “Individuals can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities may be a resource for state law questions. Individuals can use a professional services provider for NIL activities. College athletes who attend a school in a state without an NIL law can engage in NIL activity without violating NCAA rules related to name, image and likeness. State law and schools/conferences may impose reporting requirements.”

Additional NCAA guidance: “Subject to state law, the NCAA still prohibits an “NIL agreement without quid pro quo (e.g., compensation for work not performed)…Subject to state law, the NCAA prohibits “NIL compensation contingent upon enrollment at a particular school.”…Subject to state law, the NCAA still prohibits “compensation for athletic participation or achievement. Athletic performance may enhance a student-athlete’s NIL value, but athletic performance may not be the ‘consideration’ for NIL compensation.”…Subject to state law, the NCAA still prohibits “institutions providing compensation in exchange for the use of a studentathlete’s name, image or likeness.”