Xavier University Athletics
NIL FAQ for Businesses
The NCAA recently changed its rules to permit student-athletes to monetize their name, image, and likeness (“NIL”), including to promote commercial businesses. The following FAQ has been developed to assist businesses in understanding the limitations on their involvement in a student-athlete’s NIL activities.
Q: What is name, image, and likeness (NIL) and how are the NCAA rules changing?
A: NIL refers to a student-athlete authorizing a person or entity to use their name, image or likeness and, in return, receives 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, and other similar activities in which a business, brand, product or service is promoted.
Q: Can University employees provide 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 student-athlete be compensated to promote or endorse a business?
A: Yes! Student-athletes are required to disclose all NIL activities to the Athletics Compliance Office before they occur.
Q: Can a business 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 business provide a student-athlete with non-cash compensation (free meal, discount, etc.) without performing an NIL activity?
A: No. NCAA rules regarding pay-for-play, extra benefits, and impermissible recruiting inducements are still in effect. A student-athlete must provide some type of value (e.g., permission for business to advertise on social media using NIL) for the non-cash compensation. For example, a student-athlete may not be provided with a free meal at a restaurant just because he/she is a Xavier student-athlete.
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. The list of prohibited categories is subject to change.
Q: Can a student-athlete use university branded attire or material during promotional events (e.g., student-athlete filming endorsement ad while wearing a 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 business purchase a game worn jersey from a student-athlete to display at their location?
A: No. Per NCAA rules, 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: What is name, image, and likeness (NIL) and how are the NCAA rules changing?
A: NIL refers to a student-athlete authorizing a person or entity to use their name, image or likeness and, in return, receives 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, and other similar activities in which a business, brand, product or service is promoted.
Q: Can University employees provide 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 student-athlete be compensated to promote or endorse a business?
A: Yes! Student-athletes are required to disclose all NIL activities to the Athletics Compliance Office before they occur.
Q: Can a business 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 business provide a student-athlete with non-cash compensation (free meal, discount, etc.) without performing an NIL activity?
A: No. NCAA rules regarding pay-for-play, extra benefits, and impermissible recruiting inducements are still in effect. A student-athlete must provide some type of value (e.g., permission for business to advertise on social media using NIL) for the non-cash compensation. For example, a student-athlete may not be provided with a free meal at a restaurant just because he/she is a Xavier student-athlete.
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. The list of prohibited categories is subject to change.
Q: Can a student-athlete use university branded attire or material during promotional events (e.g., student-athlete filming endorsement ad while wearing a 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 business purchase a game worn jersey from a student-athlete to display at their location?
A: No. Per NCAA rules, 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.