USCB Athletics

Introduction
NCAA college student-athletes now can benefit from their name, image and likeness. All three divisions have adopted a uniform, interim policy suspending NCAA name, image, and likeness rules for all incoming and current student-athletes in all sports for commercial or promotional purposes. The interim policy will remain in effect until either federal legislation or new NCAA rules are adopted.

The national office is providing opportunities for ongoing collaboration between student-athletes, school and conference leaders, athletics administrators, coaches and other key stakeholders on issues related to NIL. Additional educational materials, including written and visual guides and an optional reporting form, can be found on www.ncaa.org/nil.  

Purpose
To define the institutional guidelines and limitations for the University of South Carolina Beaufort student-athletes engaging in Name, Image, and Likeness (NIL) agreements.

Policy:
●    Definition and Scope – an NIL activity is any business activity in which our student-athlete(s) is compensated in any way (financial, services, goods) for use of the student-athlete’s name, image, or likeness.
●    Permissible NIL activities – student-athletes may earn compensation for NIL activities that are permissible under NCAA and USCB regulations and comply with South Carolina state law.
●    NIL Student-Athlete Disclosure Form (Appendix D of Student-Athlete Handbook) – Student-athletes must disclose all name, image, and likeness contracts to the Director of Athletics Compliance for review via ARMS. Any modifications made to an existing NIL agreement must be reported immediately following the aforementioned process. The following NIL activity information must be disclosed at the agreement initiation or modification:    
    1.     Contact information for all parties involved.
    2.     Compensation arrangements.
    3.     Details of relationship with involved parties.
    4.     In the case of a modified NIL agreement, all information listed above and all agreement modifications must be submitted to the Compliance Office for approval.

Restrictions on Types of Businesses or Activities
Student-athletes may not enter a contract for compensation of name, image, and likeness if the contract or company falls under the following:
    1.    Any tobacco company or brand, including alternative nicotine products
    2.    Any alcoholic beverage company or brand
    3.    Any seller or distributor of a controlled substance, including and not limited to, marijuana
    4.    Any seller or distributor of an NCAA banned substance
    5.    Any adult entertainment business
    6.    Any casino or companies that sponsor/promote gambling
    7.    Firearms or other weapons
    8.    Political purposes or causes

No impermissible recruitment or benefits through NIL activities – NIL Activities may not be used by USCB or any of its representatives to recruit prospective student-athletes to USCB or for the purpose of compensating USCB student-athletes for their athletic performance. Among other things, this means, for example:

●    Compensation for NIL activities must be commensurate with the going “Market Value” for similar services in the relevant market.
●    USCB staff members, including active outside consultants, may not assist student-athletes in the development, operation, or promotion of NIL activities.
●    USCB staff members may not provide apparel or gear to student-athletes for purposes of NIL activities.
●    Student-athletes are not permitted to miss class for opportunities related to name, image, and likeness compensation. Student-athletes are not permitted to engage in NIL activities during required USCB sponsored team activities including during travel to USCB Athletic events.
●    Student-athletes may not use USCB intellectual property, trademarks, logos, or facilities while engaging in any NIL related activities including:
●    Student-athletes may not host camps, clinics, and/or fee-for-lesson at any USCB facilities.

Professional Representation
Student-athletes are permitted to obtain an agent or attorney for name, image, and likeness purposes.

Review Process
The USCB Director of Athletics Compliance will review all NIL activities for conflicts with NCAA, USCB, and South Carolina NIL state law.
●    USCB International student-athletes may not be eligible to engage in NIL activities.
●    Violations of the USCB NIL policy may result in penalties based on the severity of the policy offense. Violations of NCAA legislation will be reported to the NCAA and could result in additional NCAA penalties.
●    In the future, it is possible, and likely, that federal laws and/or NCAA legislation will provide a nationwide, uniform approach to NIL governance; at that time these policy restrictions are subject to change.

The NIL policy provides the following guidance to member schools, college athletes and their families:
●    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.