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Policy Summary

Susquehanna University supports the right of student-athletes to earn compensation from external sources for the use of their name, image, and likeness (NIL) in endorsements or business activities. This policy does not permit compensation from university sources.

As NIL regulations continue to evolve, this policy is a dynamic framework subject to regular review and revision to ensure compliance with changing laws, regulations, and circumstances.

Definitions/Glossary

  • Compensation: Remuneration or payment in any form received for work or services performed, including cash, credit, cryptocurrency, product, or other benefit.
  • Endorsement: An act, either expressed or implied, that indicates one’s public approval or support of a product or service.
  • Fair Market Value: The value of compensation that is consistent with what a third party would pay for similar services or endorsements in the current market.
  • Name, Image and Likeness (NIL): Terminology frequently used to describe a legal concept known as “right of publicity.” Right of publicity involves situations where permission is required of a person to use their name, image (e.g., a picture or video) or likeness (e.g., a cartoon, avatar or sculpture); the requirement of permission also means that the person whose NIL is being used may demand compensation by a third party in return for use of one’s NIL.
  • Name, Image, and Likeness Activity: NIL activities involve the use of a prospective student-athlete’s or current student-athlete’s name, image, likeness, or personal appearance for promotional purposes by noninstitutional entities to advertise or endorse the sale or use of a product or service regardless of whether such use is compensated or uncompensated. These may include the student-athlete themselves, commercial organizations, or non-institutional nonprofit or charitable groups.
  • Pay for Play: Compensation provided to a student-athlete in any form for performance in a sport in which the student-athlete participates at an NCAA institution.
  • Professional Service Provider: Individuals who provide any of the following professional services to student-athletes: (a) advice regarding NIL activities, (b) representation in contract negotiations related to NIL activities, and (c) marketing of the student-athlete’s NIL.
  • Prospective Student-Athlete: A prospective student-athlete is a student who has started classes for the ninth grade.
  • Royalty Payment: A royalty payment is compensation received by a student-athlete for the use of their name, image, and likeness (NIL) in association with a product, service, or intellectual property. For example, a person that produces a college team jersey, a college team video game or college team trading cards for the purpose of making a profit shall make a royalty payment to each college student-athlete whose name, image, likeness or other individual identifiable feature is used. This payment is typically calculated as a percentage of sales revenue generated from the use of the student-athlete’s NIL or as a fixed fee for licensing their NIL for a specific purpose or duration. The University is not liable or otherwise responsible to any student-athlete for such royalty payments.
  • Scope and Applicability
    • Dean
    • Faculty
    • Independent Contractors
    • Staff
    • Students

This policy applies to all Susquehanna University student-athletes with remaining eligibility in their sport and encompasses all NIL activities outlined herein.

For prospective student-athletes and transfers, this policy becomes effective on the date they submit a deposit to enroll at Susquehanna University. Before their enrollment is finalized, prospective student-athletes and transfers must cease any NIL activities that conflict with this policy, NCAA regulations or applicable state or federal law. Upon initial enrollment at Susquehanna University, a student-athlete must disclose name, image and likeness activities. Compliance with this policy is required to maintain eligibility upon enrollment.

Both compensated and uncompensated NIL activities fall under the purview of this policy.

Susquehanna University employees or representatives are prohibited from negotiating or facilitating NIL opportunities on behalf of any student-athlete or NIL entity. This ensures compliance with applicable laws and preserves the independence of NIL engagements.

Reason(s) for the Policy

This policy has been established to comply with the laws of the Commonwealth of Pennsylvania and NCAA regulations regarding NIL activities. It aims to provide clear guidance for student-athletes while safeguarding their eligibility for intercollegiate athletics.

Failure to adhere to this policy may result in penalties imposed by the NCAA and/or Susquehanna University, potentially jeopardizing a student-athlete’s eligibility to compete in college varsity sports.

Policy

Role of Student-Athletes

Student-athletes at Susquehanna University are encouraged to explore name, image, and likeness (NIL) opportunities. However, they must comply with institutional policies, NCAA regulations, and applicable laws/executive actions to ensure their eligibility and maintain alignment with the values of the University and Athletics.

Below are the key responsibilities and restrictions for student-athletes engaging in NIL activities.

Restrictions on Activities

  1. Compensation Standards:

A student-athlete may receive compensation from a third party (but not from the student-athlete’s institution) for NIL Activity as long as such compensation is provided in exchange for services, activities, intellectual property, appearances, or other value actually provided by the student-athlete.

Name, image and likeness compensation must:

  • Include quid pro quo (e.g., compensation for work performed);
  • Reflect fair market value for work performed;
  • Not be contingent upon initial recruitment or continued enrollment at Susquehanna University; or
  • Not offered in return for athletic participation or achievement.
  1. Use of University Marks or Facilities:
    • Without prior written authorization, student-athletes may not use Susquehanna’s name, logos, uniforms, or trademarks in NIL activities.
    • Facility use is permitted under the same rental terms available to other students, with no special discounts or privileges.
  2. Prohibited Activities:
    NIL activities must not:
    • Conflict with Susquehanna University values.
    • Occur during required academic or athletic commitments, including classes, exams, practices, competitions, or team events.
    • In accordance with Pennsylvania Senate Bill 381 (2021), as amended, involve prohibited sponsorship categories in connection with development, production, distribution wholesaling or retailing any of the following:
      • Adult entertainment products and services
      • Alcohol products
      • Casinos and gambling, including sports betting, the lottery and betting in connection with video games, online games and mobile devices
      • Tobacco and electronic smoking products and devices
      • Prescription pharmaceuticals
      • Controlled dangerous substances
    • Involve weapons, marijuana, political messaging, illegal goods or services, or other categories deemed inappropriate by the University beyond Pennsylvania law. See additional categories in Susquehanna University’s Brand Integrity Policy for Third-Party Sponsorships, Advertising and Endorsements.
  3. Conflict with University Contracts:
    • Student-athletes may not enter into NIL agreements that conflict with Susquehanna University’s sponsorships or partnerships (e.g., exclusivity agreements for athletic apparel, footwear or beverages).
    • The University will notify student-athletes of conflicts, and revised agreements must be resubmitted for approval.

Disclosure Requirements

  1. Mandatory Disclosure:
    • Disclosure must occur at least fourteen (14) days prior to entering into any agreement.
    • Student-athletes must disclose the details of any NIL activity, including:
      • Compensation arrangements.
      • Professional service providers (e.g., agents or attorneys).
      • Contact information for all parties involved.
  1. Submission and Update Process:
    • Submit disclosures using the NIL Disclosure Form to the Athletics Compliance Office.
    • Updates or changes to disclosures must be submitted within 14 days of the change, using the NIL Disclosure Form.
  2. Review Process:
    • Proposed NIL agreements will be reviewed by the University to ensure compliance with university policies and NCAA regulations. Review is limited to verifying such compliance and does not imply negotiation, endorsement, or facilitation of the NIL agreement by the University.

Professional Representation

Student-athletes may utilize a professional service provider to represent them for NIL activities by, provided the representation:

  • Does not include securing professional athletic opportunities for the student-athlete. In other words, an individual or entity who serves as a student-athlete’s professional service provider for NIL Activity may not also serve as the student-athlete’s agent as defined by the NCAA.
  • Is not an employee or representative of Susquehanna University.
  • Complies with NCAA and Susquehanna University guidelines and policies.

Student-athletes may secure professional representation through the NCAA’s centralized registry of professional service providers.

Compliance with Standards & Laws

Participation in NIL activities does not exempt student-athletes from:

  • Academic obligations, team rules, or Susquehanna University policies.
  • Compliance with NCAA, Landmark Conference, or applicable federal and state laws.

International student-athletes must consult with the International Student Services Office to ensure NIL activities do not jeopardize their visa or immigration status.

Although University student-athletes may be employed by the University in a job on campus, student-athletes are not considered employees of the University under any federal, state, or local law, regulation, or ordinance based on their status as student-

athletes. A student-athlete’s receipt of NIL compensation from a noninstitutional entity does not alter the non-employee status of the student-athlete as set forth herein.

Tax & Financial Implications

Student-athletes are solely responsible for:

  • All tax, withholding, reporting, licenses, permissions, permits, expenses, fees and any other obligations, liabilities or costs associated with NIL Activity.
  • Understanding the impact of NIL earnings on need-based financial aid eligibility.

Consequences for Noncompliance

Failure by a student-athlete to adhere to this policy may result in:

  • Permanent loss of NCAA eligibility.
  • Disciplinary action by the University.
  • Additional penalties under NCAA regulations or federal or state law.

Role of the Institution

Susquehanna University is committed to supporting student-athletes who want to navigate opportunities related to their name, image, and likeness (NIL).

The University’s role is further defined by the following guidelines:

Permitted Institutional Activities

Susquehanna University, including its employees and contractors may:

  • Provide Education and Resources: Offer training and resources on NIL-related topics, such as rules, risks, best practices, personal branding, and professional services evaluation.
  • Facilitate Access to Content: Grant student-athletes a license to use institutional digital content (e.g., photos, videos) for uncompensated NIL activities, while retaining ownership of such content.
  • Support Facility Access: Allow student-athletes to use university facilities for NIL activities under the same terms and conditions as third-party users.
  • General Student Support: Provide support and services to student-athletes equivalent to those offered to all students.
  • Inform About Opportunities: Share information about NIL opportunities and collaborate with NIL service providers to administer a marketplace connecting student-athletes with potential opportunities.

Prohibited Institutional Activities

Susquehanna University, including its employees and contractors may not:

  • Engage in NIL Development or Promotion: Be involved in the creation, operation, or promotion of non-institutional NIL activities.
  • Financially Benefit from NIL: Enter into agreements with or benefit directly from a student-athlete’s NIL activities.
  • Purchase NIL Products or Services: Buy a student-athlete’s work product or services, except when developed as part of coursework.
  • Enable Impermissible Activities: Allow institutional partners or contractors to engage in NIL activities prohibited to the institution.

Susquehanna University, including its employees, contractors, or representatives of athletics interests, often known as “boosters,” may not:

  • Induce Recruitment or Retention: Use the promise of NIL opportunities or arrange third-party compensation to recruit a prospective student-athlete or retain a current student-athlete.

Institutional Promotional Activities

Susquehanna University can ask student-athletes to participate in institutional promotional activities such as appearances, autograph signings, digital content creation, photo shoots, and similar activities in accordance with existing NCAA rules, but student-athletes may not be paid by the university to participate in any such activity.

Student-athletes may opt out of any such activity by notifying their head coach or Susquehanna Athletics Compliance.

Responsibility & Compliance

  1. Institutional Role and Limitations:
    • Susquehanna University is not responsible for NIL agreements, compensation, tax liabilities, legal obligations, or costs incurred by student-athletes.
    • The University does not mediate, monitor, or enforce fairness in NIL opportunities provided by external entities.
    • Entities using a student-athlete’s NIL for profit are solely responsible for fulfilling any required royalty payments.
  2. Compliance Oversight:
  • The University is responsible for monitoring, reporting, and addressing potential violations of NCAA regulations, including:
    • Prohibitions on pay-for-play arrangements.
    • Improper inducements tied to recruitment, retention, athletic participation or achievement.

Disclaimer: The University is not liable or otherwise responsible to any student-athlete, noninstitutional entity that partners with a student-athlete, professional service provider or other entity involved with NIL Activity.

Other Information

Relevant Statutes and Regulations

Links With Other University Policies

Exclusions and Special Situations

  • Not applicable

Policy Contact(s)

Responsible Office: Athletics

Email: 

Phone: 570-372-4605

Policy History

  • Original Policy: May 13, 2025

Appendix

  • n/a