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Policy and Procedure for Name, Image and Likeness  

as of October 11, 2024

 

1. Background 

 

The University of San Diego (“USD”) Department of Intercollegiate Athletics (Athletic

Department), fully embraces Name, Image, Likeness (“NIL”) initiatives within our existing department mission to holistically develop student-athletes. The California Legislature passed Senate Bill No. 206 (“SB-206”) which was signed by Governor Gavin Newsom and became law effective September 1, 2021. SB-206 permits student-athletes to receive compensation for the use of their name, image and likeness (“NIL”). USD Athletics Department will equip student-athletes with resources to navigate NIL opportunities within governing regulations while championing the USD way. 

 

Regarding NIL matters, USD Athletics staff, student-athletes and representatives of athletics interests shall adhere to the parameters outlined within the policy set out below, in addition to all federal or state laws, NCAA and West Coast Conference regulations, and any other applicable policy of the University of San Diego.  

 

2. Disclosure Requirement 

 

In adherence to California state law and NCAA rules, USD student-athletes shall disclose all NIL related activity of monetary value or in-kind to the institution via Influencer within 30 days of entering into the agreement. Failure to disclose or failure to disclose accurate information prior to an agreement could impact a student-athlete’s eligibility and/or their ability to receive NIL-related services. Student-athletes are expected to disclose with enough notice for the activity to be reviewed. The proper notice will vary depending on the complexity of the NIL activity. NIL agents shall also be disclosed to the University as part of the disclosure requirement. The following information should be included:

  • Names and contact information of individuals involved in the activity, including a description of the nature of the relationship between such individuals;

  • Terms of the arrangement, including a description of services rendered, rights granted, term duration, compensation and payment structure (e.g., cash, barter, deferred);

  • Names and contact information of professional service providers involved in the arranging, negotiating, or securing the disclosed activity, including a description of the nature of the relationship between the service provider and individuals involved in the activity; and

  • Terms of compensation between the professional service provider and the student-athlete (e.g., agent contingency fee).

 

  • All incoming students, including both transfer students and first-year students, are required to disclose all active and current NIL agreements prior to their enrollment at USD. 

  • If USD does not approve an NIL activity, a student-athlete can appeal the decision.

    • Student-athletes who have their NIL activity denied may provide a written appeal to the Director of NIL within 14 days of the denial. The appeal will be reviewed by the Executive Director of Athletics to assess if the denial was warranted.  

 

3. Student-Athlete Use of NIL

Subject to the terms of this NIL policy, California state law, official team rules, and NCAA policies and procedures to the extent they are not in conflict with SB-206, the following are allowed and prohibited. 

 

Student-Athletes may:

  • Earn compensation for use of their NIL.

  • Enter into an agreement with an NIL agent.

  • Enter into an NIL contract.

  • Identify themselves as a USD student-athlete but may not imply that USD is sponsoring the NIL activity.

 

Student-Athletes may not:

  • Enter into an NIL contract for NIL activity or content that is created while the student-athlete is engaged in any official team activity.

  • Miss required academic appointments, or required or countable-athletically related activities, as defined under NCAA rules, to engage in an NIL activity.

  • Engage in an NIL activity that states or implies that an USD team endorses a product or service.

  • Engage in an NIL activity in which one of the purposes of the arrangement is to endorse or promote engaging in illegal activities or use of illegal drugs.

  • Sell apparel, equipment and/or memorabilia issued or owned by USD prior to expiration of the student-athlete’s eligibility.

  • Utilize USD facilities with a third party for NIL activities without a proper rental agreement per USD policies. Forms to request filming and photography can be found here. 

  • Utilize USD institutional marks or logos in NIL activities as such use is prohibited unless the student-athlete or a third party receives approval. 

  • Engage in NIL activities that conflict with federal, state or local law, or activities that violate the USD Student Code of Rights and Responsibilities and/or reflect poorly on USD or USD Athletics. 

​​

USD Athletics owns the rights to our logos, marks, and intellectual property. Any use of our IP as part of an NIL deal without express written permission is prohibited.

 

If there is a question regarding sponsorship opportunities, contracting with USD official partners or competitors of partners, or using USD facilities, equipment, institutional content, or USD marks, the student-athlete should contact the Director of NIL. 

 

4. Institutional Involvement

 

USD may: 

  • Provide educational programming for students on name, image and likeness and associated regulations. 

  • Assist a student in evaluating opportunities, including compliance elements (e.g., booster engagement). 

  • Assist with disclosure expectations. 

  • Assist with evaluation, but not selection, of professional services (e.g., agents).

 

USD may not:

  • Compensate a student-athlete for use of their NIL.

  • Compensate a student-athlete in exchange for their athletic performance except as may be permitted by the NCAA.

  • Compensate a student-athlete or potential student-athlete for their accepting admission to or enrolling at USD.

  • Prohibit, penalize, or retaliate against a student-athlete for exercising the student-athlete’s rights.

 

5. Professional Service Provider (NIL Agent) Involvement 

 

  • A student-athlete may use a professional service provider (agent) in the following NIL activities:

    • Advice regarding NIL activities

    • Representation in contract negotiations related to NIL activities

    • Marketing/promotion of NIL activities

 

  • An NIL agent may not also represent the student-athlete for the purpose of marketing the student-athlete’s athletics ability or reputation to secure an opportunity as a professional athlete (i.e., athletic representative agent) as this may jeopardize NCAA eligibility. 

  • Any use of an NIL agent shall be disclosed to the University as part of the disclosure requirement.

 

6. Representative of Athletics Interests Involvement 

 

Representatives of athletics interests may engage in NIL activities with student-athletes, provided no improper inducements or extra benefits are provided and commensurate, fair market value is applied. 

 

7. Attestation Requirement 

 

As a condition of participation in the athletics program, each student-athlete shall attest to their full understanding of and adherence to this policy, federal statutes, state statutes, NCAA legislation, West Coast Conference legislation, and the University of San Diego policy.  

 

8. International Student-Athletes

 

International student-athletes are highly encouraged to consider meeting with the Office of International Students and Scholars regarding their F-1 visa status prior to partaking in NIL activities.

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