Student-Athlete Name, Image and Likeness (Policy Number ATHL 1.10.010 – Effective July 1, 2021)
I. INTRODUCTION
A. It is the policy of the University of Denver (the “University”) to ensure our student-athletes have the freedom to profit off the use of their name, image, and likeness (“NIL”) while complying with any applicable National Collegiate Athletics Association (“NCAA”) legislation.
B. The guidelines below are subject to change as state law, federal law, and NCAA legislation is adopted. The University reserves the right to amend this policy at any time.
II. POLICY OVERVIEW
A. Student-athletes may earn compensation for their NIL. NIL is not a pay for play structure. Such compensation may not be provided in exchange, in whole or in part, for a current or prospective student athlete to attend, participate, or perform at the University.
B. Any compensation received by a student-athlete must be commensurate with fair market value and must be in exchange for a service or benefit to the entity providing the compensation.
C. Student-athletes cannot engage in NIL activities during the course of team activities, which include competitions, practices, and team gatherings and meetings. NIL activities must not conflict with a student-athlete’s academic or athletic obligations.
D. Student-athletes must continue to adhere to the University Student Handbook, Honor Code, and any applicable team rules.
E. The University is not permitted to be involved in the compensation, development, arrangement, operation, or promotion of NIL activities; this includes, but is not limited to, coaches, athletics staff, and other University employees.
F. University boosters engaged in NIL business activities must act in a manner consistent with this policy.
G. Student-athletes are not permitted to enter into a contract with an organization that conflicts with current University corporate sponsors or whose business or practices are not consistent with University's core values.
H. Student-athletes must report all agreements, including contracts and proposed contracts, with third parties for NIL activities to the University, as set forth in Section III, below.
I. Existing NCAA legislation related to employment, offers of inducements, and extra benefits still apply.
J. A Student-athlete may not engage in NIL activities that conflict with NCAA rules (e.g., sports wagering, tobacco, and banned substances): https://www.ncaa.org/sport-science-institute/topics/2020-21-ncaa-banned- substances.
K. The University may prohibit a student-athlete from receiving compensation for use of their NIL from entities or individuals that, in the reasonable judgment of the University, negatively impacts or reflects adversely on the University.
L. The use of institutional logos/marks or other intellectual property owned by the University for any NIL activities is not permitted without the prior written consent and approval of the University.
M. The use of University facilities (athletics and non-athletics) for NIL activities is not permitted without following campus processes and permissions which includes, but is not limited to, contracts and payment through the University.
N. Student-athletes are permitted to obtain professional representation to assist with securing opportunities for compensation. Representation must be for name, image, likeness only and not for future professional contract negotiations. Students must compensate representatives commensurate with the fair market value of any such services.
O. No University employees or University independent contractors) may serve as a student-athlete’s professional service provider or assist in identifying, selecting, arranging, or providing payment for a professional service provider, nor may any University employee or University independent contractor provide legal, financial, or business advice to a student-athlete.
P. This policy is intended to follow and be consistent with Colorado SB 20-123 (C.R.S 23-16-301 and 23-16-106, as amended), effective January 1, 2023.
III. PROCESS OVERVIEW
A. For any NIL, Student-athletes must complete the NIL Disclosure form on the ARMS platform within at least seventy-two (72) hours of the executing a contract for NIL, or before the next scheduled athletic event in which the student-athlete may participate, whichever comes first.
B. All agreements for professional representation must be disclosed using an Agent Disclosure form in ARMS within (10) days following the execution of the agreement for professional representation.
IV. DEFINITIONS
A. “Name, image and likeness activity” is an activity that involves use of a student-athlete’s name, image or likeness for promotional purposes by a non- institutional entity, including the individual prospective student-athlete or student-athlete, a commercial entity or a noninstitutional nonprofit or charitable entity. Such use may be compensated (e.g., cash, product or other benefit) or uncompensated.
B. “Student-athlete” means a student enrolled in the University who competes in intercollegiate athletics for the University.
C. “Compensation” includes money, goods, services, and other non-monetary consideration.
Resources:
ARMS: https://my.armssoftware.com/arms/login
NCAA Resources: https://www.ncaa.org/about/taking-action
Ritchie Center Facility Rental: https://ritchiecenter.du.edu/sports/events
University Branding Licenses: https://denverpioneers.com/sports/2019/10/9/trademarks-licensing.aspx
University Honor Code: https://www.du.edu/studentlife/studentconduct/honorcode.html
Colorado Senate Bill 20-123: https://leg.colorado.gov/sites/default/files/2020a_123_signed.pdf
