Xavier University Athletics
NIL FAQ for Boosters
The NCAA recently changed its rules to permit student-athletes to monetize their name, image, and likeness (NIL), including their ability to promote commercial businesses. The following FAQ has been developed to assist Xavier Athletics supporters and All For One Fund members in understanding the considerations prior to compensating a Xavier student-athlete for NIL activities. NCAA rules restricting preferential treatment, extra benefits, recruiting inducements and contact restrictions still apply to boosters.
Q: How do I know if I am considered Booster?
A: The NCAA defines a booster as any individual, independent agency, corporate entity (e.g. apparel or equipment manufacturer) or other organization who:
A: NIL refers to a student-athlete authorizing a person or entity to use their name, image or likeness and, in return, receiving compensation. Previously, the NCAA prohibited student-athletes from earning compensation in this manner (ex. A student-athlete couldn’t appear in local car dealership commercial). The Ohio Executive Order signed on June 28, 2021 permits student-athletes attending institutions in Ohio to earn compensation (money, goods or services) in exchange for participating in NIL activities.
Q: What are NIL activities?
A: NIL activities may include, but are not limited to: social media endorsements, commercials, appearances, autograph signings, camps/clinics/lessons, and other similar activities in which a business, brand, product or service is promoted.
Q: What is an extra benefit?
A: The term “extra benefit” refers to any special arrangement by an institutional employee or booster to provide the student-athlete or his or her family members or friends with a benefit not expressly authorized by NCAA legislation. This includes but is not limited to meals, entertainment (e.g. boat rides), transportation (e.g. flights, use of car) and loans.
Q: Can a Xavier coach or staff member provide me a student-athlete’s contact information for NIL purposes?
A: Yes! Ohio’s Executive Order permits institutions to assist student-athletes with NIL opportunities, including connecting student-athletes to alumni or business owners who might be interested in partnering.
Q: Can a booster provide NIL compensation to a high school recruit so they will attend Xavier?
A: No. Any compensation provided as a recruiting inducement to attend Xavier remains impermissible.
Q: Can I arrange for a student-athlete to promote a business I own or work at?
A: Yes, it is permissible for a booster to contract with a student-athlete for NIL activities. Student-athletes are required to disclose all NIL activities to the Xavier Athletics Compliance Office before they occur.
Q: Can a booster provide a student-athlete with non-cash compensation (free meal, discount, etc.) for a permissible NIL activity?
A: Yes, in-kind compensation is permissible, provided the student-athlete has completed the promotion and disclosed the agreement to the University. It remains impermissible to provide payment of any kind to a student-athlete for work not performed.
Q: Can a booster pay a student-athlete to attend their child’s birthday party and sign autographs?
A: Yes, appearances and autograph sessions are permissible NIL activities, provided the student-athlete has disclosed the activity to the University.
Q: Can a booster provide a student-athlete entertainment (i.e. a day at the lake, meals, etc.) unrelated to NIL activities?
A: No, providing entertainment unrelated to NIL would be considered an extra benefit and would negatively impact the student-athlete’s eligibility.
Q: Are there prohibited categories for NIL activities?
A: Yes. A Xavier student-athlete may not earn compensation for the use of their NIL for the endorsement of tobacco, illegal substances or activities, NCAA/WADA banned substances and sports wagering.
Q: Can a student-athlete use university branded attire or material during promotional events (e.g., student-athlete filming endorsement ad while wearing Xavier jersey)?
A: Student-athletes wishing to use Xavier logos and marks, including wearing a uniform in a promotional ad, must receive permission from Xavier University prior to engaging in such activity.
Q: Can a booster compensate a student-athlete for an autograph in the lobby of the team hotel at an away game?
A: No. Student-athletes cannot participate in NIL activities during official team activities.
Q: Can a booster purchase a game worn jersey from a student-athlete?
A: No. Student-athletes may not sell or exchange for another item of value institutionally issued apparel, equipment, awards, etc. (even if it will not be re-used) until they have exhausted their eligibility.
Q: Does the institution need to be notified of the NIL opportunity?
A: Yes. Student-athletes are required to disclose all NIL compensation to the University.
Q: Do I need to disclose NIL activity?
A: The Ohio Executive Order puts disclosure responsibility on the student-athlete.
Q: Can I hire a student-athlete to provide sport lessons?
A: Yes! Please view the Xavier NIL Roster to see which student-athletes are offering high quality sport lessons.
Q: How do I know if I am considered Booster?
A: The NCAA defines a booster as any individual, independent agency, corporate entity (e.g. apparel or equipment manufacturer) or other organization who:
- Has participated in or is a member of an agency or organization promoting the institution’s athletic program,
- Has made a financial contribution to the athletic department or AFO,
- Has assisted or is currently assisting in providing benefits to an enrolled student-athlete or their family members, or
- Has been involved in otherwise promoting the institution’s athletic program.
A: NIL refers to a student-athlete authorizing a person or entity to use their name, image or likeness and, in return, receiving compensation. Previously, the NCAA prohibited student-athletes from earning compensation in this manner (ex. A student-athlete couldn’t appear in local car dealership commercial). The Ohio Executive Order signed on June 28, 2021 permits student-athletes attending institutions in Ohio to earn compensation (money, goods or services) in exchange for participating in NIL activities.
Q: What are NIL activities?
A: NIL activities may include, but are not limited to: social media endorsements, commercials, appearances, autograph signings, camps/clinics/lessons, and other similar activities in which a business, brand, product or service is promoted.
Q: What is an extra benefit?
A: The term “extra benefit” refers to any special arrangement by an institutional employee or booster to provide the student-athlete or his or her family members or friends with a benefit not expressly authorized by NCAA legislation. This includes but is not limited to meals, entertainment (e.g. boat rides), transportation (e.g. flights, use of car) and loans.
Q: Can a Xavier coach or staff member provide me a student-athlete’s contact information for NIL purposes?
A: Yes! Ohio’s Executive Order permits institutions to assist student-athletes with NIL opportunities, including connecting student-athletes to alumni or business owners who might be interested in partnering.
Q: Can a booster provide NIL compensation to a high school recruit so they will attend Xavier?
A: No. Any compensation provided as a recruiting inducement to attend Xavier remains impermissible.
Q: Can I arrange for a student-athlete to promote a business I own or work at?
A: Yes, it is permissible for a booster to contract with a student-athlete for NIL activities. Student-athletes are required to disclose all NIL activities to the Xavier Athletics Compliance Office before they occur.
Q: Can a booster provide a student-athlete with non-cash compensation (free meal, discount, etc.) for a permissible NIL activity?
A: Yes, in-kind compensation is permissible, provided the student-athlete has completed the promotion and disclosed the agreement to the University. It remains impermissible to provide payment of any kind to a student-athlete for work not performed.
Q: Can a booster pay a student-athlete to attend their child’s birthday party and sign autographs?
A: Yes, appearances and autograph sessions are permissible NIL activities, provided the student-athlete has disclosed the activity to the University.
Q: Can a booster provide a student-athlete entertainment (i.e. a day at the lake, meals, etc.) unrelated to NIL activities?
A: No, providing entertainment unrelated to NIL would be considered an extra benefit and would negatively impact the student-athlete’s eligibility.
Q: Are there prohibited categories for NIL activities?
A: Yes. A Xavier student-athlete may not earn compensation for the use of their NIL for the endorsement of tobacco, illegal substances or activities, NCAA/WADA banned substances and sports wagering.
Q: Can a student-athlete use university branded attire or material during promotional events (e.g., student-athlete filming endorsement ad while wearing Xavier jersey)?
A: Student-athletes wishing to use Xavier logos and marks, including wearing a uniform in a promotional ad, must receive permission from Xavier University prior to engaging in such activity.
Q: Can a booster compensate a student-athlete for an autograph in the lobby of the team hotel at an away game?
A: No. Student-athletes cannot participate in NIL activities during official team activities.
Q: Can a booster purchase a game worn jersey from a student-athlete?
A: No. Student-athletes may not sell or exchange for another item of value institutionally issued apparel, equipment, awards, etc. (even if it will not be re-used) until they have exhausted their eligibility.
Q: Does the institution need to be notified of the NIL opportunity?
A: Yes. Student-athletes are required to disclose all NIL compensation to the University.
Q: Do I need to disclose NIL activity?
A: The Ohio Executive Order puts disclosure responsibility on the student-athlete.
Q: Can I hire a student-athlete to provide sport lessons?
A: Yes! Please view the Xavier NIL Roster to see which student-athletes are offering high quality sport lessons.