INTRODUCTION
Effective July 1, 2021, the NCAA authorized its member institutions to enact policies regarding a student-athlete’s ability to be compensated at fair market value from their Name, Image and Likeness (NIL). NCAA rules specify that institutions located in states which do not currently have NIL laws must develop their own policies. The State of New Hampshire currently does NOT have an NIL law.
NCAA Name, Image and Likeness Homepage | NCAA NIL Interim Policy | NCAA NIL Quick Guide | NIL Questions and Answers
NCAA GUIDANCE
NCAA rules prohibiting pay-for-play and impermissible inducements remain in effect. Student-athletes may not receive payment in exchange for athletic participation at Saint Anselm College. Furthermore, prospective student-athletes may not receive payments for future participation in athletics at Saint Anselm per NCAA rules.
Student-athletes, Saint Anselm staff members and/or other third parties should consult with the Director of NCAA Compliance regarding applicable NCAA rules and this policy prior to engaging in NIL opportunities that involve Saint Anselm student-athletes.
DISCLOSURE OF NIL OPPORTUNITIES
Student-athletes are required to disclose all NIL opportunities to Saint Anselm's Office of NCAA Compliance through the NIL Disclosure Workflow via ARMS Software at least five (5) days prior to committing to participate in the NIL activity to ensure that the opportunity is permissible and will not jeopardize the student-athlete's eligibility.
Failure to disclose participation in a NIL-related activity or participating in an impermissible NIL opportunity could result in the loss of athletic eligibility, suspension/removal from an athletics team and/or cancellation of athletics aid.
USE OF AGENTS OR PROFESSIONAL SERVICES
Saint Anselm student-athletes may employ (at their own expense) professional representation (agent, attorney, advisor) to assist them with potential business opportunities, brand development, or legal matters related to NIL. The use of professional representation may only be used for NIL-related activities. Saint Anselm encourages its student-athletes to thoroughly vet any such individual prior to establishing a working relationship, as the College shall not be responsible for any agreement or contractual obligations related to NIL.
Student-athletes must also disclose any professional service relationships to the Director of NCAA Compliance in writing.
Saint Anselm faculty and staff members are prohibited from creating or facilitating endorsement contracts for a student-athlete or providing compensation themselves to a student-athlete. Institutional employees are permitted to provide education in regards to NIL, but may not provide any other professional services.
USE OF COLLEGE LOGOS, TRADEMARKS AND WORDMARKS
Student-athletes are not permitted to use Saint Anselm’s intellectual property—including institutional and athletic department trademarks, logos, wordmarks or symbols—for NIL activities without prior written consent. Student-athletes who wish to wear apparel or uniforms for NIL purposes must request approval in advance by completing the authorization form in ARMS.
Any consent or approval to wear Saint Anselm branded apparel or uniforms in NIL activities only extends to the individual student-athlete. In no way does the consent or approval granted to the individual student-athlete extend to another person or entity.
TEAM ACTIVITIES AND ACADEMIC OBLIGATIONS
Student-athletes are prohibited from engaging in NIL opportunities during the course of team activities, which includes practice, conditioning, competition, team travel, team gatherings and/or team meetings. Saint Anselm student-athletes are prohibited from engaging in NIL activities which conflict with any academic obligations. Absence from academic and athletic responsibilities to participate in a NIL opportunity is strictly prohibited.
USE OF COLLEGE FACILITIES
Any use of College facilities must be requested and approved in advance by the Office of Conference and Event Services. Student-athletes who utilize campus facilities are subject to standard facility rental rates, and applicable proof of insurance shall be required.
RESTRICTED NIL CATEGORIES
Prohibited Categories
Student-athletes must not use their NIL to promote gambling, alcohol products, tobacco products, adult entertainment, marijuana, substances banned by the NCAA, or any other illegal products or services. In addition, NIL opportunities must align with the core values of Saint Anselm, the Northeast-10 Conference, the NCAA, other sport-specific governing bodies (e.g. New England Women’s Hockey Alliance) and must not conflict with local, state or federal laws.
Conflict with Institutional Contracts
Student-athletes are strongly discouraged from entering into any third-party agreements which conflict with any existing Saint Anselm sponsorship agreements.
TAX IMPLICATIONS
Saint Anselm student-athletes are hereby notified that any income generated from NIL opportunities is subject to all applicable federal, state and local tax implications. Saint Anselm strongly recommends that student-athletes engage a tax professional to determine the implications of any NIL income in advance of entering into a NIL related agreement.
FINANCIAL AID
Student-athletes should be aware that receiving compensation for NIL opportunities could have an impact on their financial aid, especially for those receiving Pell Grants. Student-athletes are encouraged to consult with Saint Anselm’s Office of Financial Aid to fully understand these or other potential impacts.
INTERNATIONAL STUDENT-ATHLETES
International student-athletes should discuss how receiving compensation may impact their VISA status with the Office of International Programs.
POLICY REVISIONS
This policy is subject to change at the College’s sole discretion and may be modified based on the impact of state, federal, institutional, conference and NCAA policies, legislations and interpretations as this initiative evolves. Any changes to this policy will be communicated directly with Saint Anselm student-athletes.
