NIL Reporting Form NIL Resources
MISERICORDIA UNIVERSITY NAME IMAGE AND LIKENESS (NIL) POLICY
(draft v.3)
Based on federal legislation, NCAA student-athletes will have the opportunity to benefit from their name, image and likeness. Governance bodies in all three divisions adopted a uniform interim policy suspending NCAA name, image and likeness rules for all incoming and current student-athletes in all sports. This temporary policy provides the following guidance to student-athletes, recruits, their families and member schools:
- 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.
- College athletes who attend a school in a state without an NIL law can engage in this type of activity without violating NCAA rules related to name, image and likeness.
- Individuals can use a professional services provider for NIL activities.
- Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school. (Opportunities must be reported to Coach Edkins, Director of Athletics)
This temporary policy will remain in effect until federal legislation or new NCAA rules are adopted.
NCAA rules, including prohibitions on pay-for-play and improper recruiting inducements,
remain in effect. However, NIL activities protected by Pennsylvania state law will not impact
eligibility.
MISERICORDIA UNIVERSITY WILL FOLLOW PENNSYLVANIA STATE LAW 381 ARTICLE XX-K.
Pennsylvania state law 381 article XX-K deals specifically with intercollegiate athletics and can be found in the link below.
https://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2021&sessInd=0&billBody=S&billTyp=B&billNbr=0381&pn=0972
CRITICAL POINTS OF THIS PENNSYLVANIA STATE LAW:
1. Compensation may not be provided in exchange, in whole or in part, for a current or prospective student-athlete to attend, participate, or perform at a particular institution of higher education. There can be no NIL inducements for any type of “pay for play” scenario for a current or prospective student-athlete.
2. A student-athlete may obtain professional representation in relation to contracts or legal matters, including use of an agent, financial advisor, or legal representation provided by attorneys in relation to NIL rights.
3. A school may not represent a student-athlete in business agreements.
4. A student-athlete who proposes to enter into an NIL agreement with any entity, MUST notify their institution AT LEAST seven (7) days prior to executing the contract.
NIL Reporting Form
PROHIBITION in accordance with the law:
A collegiate student-athlete may not earn compensation as a result of the use of the student-athlete’s NIL in connection with a person or company or organization related to or associated with the development, production, distribution, wholesaling or retailing of any of the following:
* Adult entertainment products or services
* Alcohol products
* Casinos & Gambling of ANY type
* Tobacco and electronic smoking products and devices
* Controlled or dangerous substance
PROHIBITION in accordance with state law & institution of higher education:
* Misericordia University may prohibit a student-athlete’s involvement in NIL that CONFLICT with the existing institutional sponsorship arrangements. (i.e. Under Armour).
* Misericordia University may prohibit a student-athlete’s involvement in NIL that CONFLICT with institutional values, as defined by the institution.
USE OF MISERICORDIA UNIVERSITY, MISERICORDIA ATHLETICS, & MAC NAMES, MARKS, AND LOGOS
Misericordia University policy prohibits use of the University’s name, marks, and logos for commercial purposes or by individuals or entities in a manner that implies University endorsement or responsibility for particular activities, products, or publications involved, or by any individual group promoting itself. This includes names, marks, and logos related to Misericordia University athletics.
Student-athletes engaging in any NIL-related activities are expected to comply fully with all existing University, NCAA, MAC, and Pennsylvania state policies and laws. Failure to do so could result in a loss of eligibility as well as disciplinary action. Misericordia University is obligated to apply and report potential violations of NCAA legislation that remains applicable, including the prohibitions on pay-for-play and improper inducements.
Please note that NIL policy may change at any time.
If you have additional questions, please contact Coach Edkins, Director of Athletics.
(O) 570-674-6397
Email:
[email protected]
