QUESTIONS
Contact Andy Vogel, Assistant Director of Athletics for Compliance
a.j.vogel@msmary.edu
Current Mount St. Mary’s student-athletes looking to get more information about or disclose an NIL activity should go to https://nil.mountathletics.com/
Student-Athlete Name, Image and Likeness (NIL): A name, image and likeness activity is any activity in which a prospective student-athlete or student-athlete’s name, image (e.g., a picture or video), likeness (e.g., a cartoon avatar or sculpture) or personal appearance is used for promotional purposes by a non-institutional entity, including the individual prospective student-athlete or student-athlete, a commercial entity or a non-institutional nonprofit or charitable entity. Such use may be compensated (e.g., cash, product or other benefit) or uncompensated.
Examples of how intercollegiate student-athletes could use their NIL (not an exhaustive list):
- Promote their own business
- Promote or endorse a corporate entity (e.g., brand ambassador, social media influencer)
- Establish their own camp/clinic
- Make an appearance at any location and receive compensation
- Sign autographs and receive compensation
INTERCOLLEGIATE STUDENT-ATHLETE GUIDELINES
A student-athlete may earn compensation for the use of their NIL provided:
- The compensation is not provided for work not performed (no quid pro quo);
- The compensation is not provided in exchange of athletics performance;
- The compensation (or prospective compensation) is not provided as an inducement to attend the institution (“recruiting”);
- The compensation is not provided by the institution, its intercollegiate athletics program, or an officer, director, employee of the institution; and
- The NIL endorsement or employment activity complies with the state laws of Maryland.
- The NIL endorsement or employment activity does not interfere with official team activities.
Eligibility: Compensation earned by a student-athlete in a manner consistent with the guidelines outlined herein will not affect the student-athlete’s grant-in-aid or athletics eligibility. The grant-in-aid that is awarded by the institution to a student-athlete shall not be considered compensation and shall not be revoked or reduced as a result of an intercollegiate athlete’s earnings through a permissible NIL agreement.
Disclosure: A student-athlete must disclose any NIL Activity to the institution that results in compensation within 5 business days of either the receipt of the compensation or the execution of an agreement for future compensation, whichever occurs first. This is not an approval process but a component of MAAC and institutional policy; access to the disclosed information will be limited to individuals with compliance related responsibilities. Absent disclosure, the institution is unable to assist a student-athlete with eligibility implications that may result from violation of current or future NCAA rules, state or federal law.
Professional Services Representation: A student-athlete may obtain representation by an athlete agent or an attorney for the sole purpose of representing the student-athlete in matters pertaining to the use of the intercollegiate athlete’s NIL (not for future professional athletic contract negotiations.)
Use of Institutional & Conference Marks: Student-athletes may state that they play “[insert name of sport] at Mount St. Mary’s University” in the Metro Atlantic Athletic Conference or that they are “a member of the [insert name of sport] at Mount St. Mary’s University” to identify themselves in connection with NIL Activity. Student-athletes
may not, however, use Mount St. Mary’s University’s or the Metro Atlantic Athletic Conference name in any other manner or any other logo, marks, or other intellectual property owned by the University in connection with non-institutional NIL Activity.
Conflict of Commitment: Student-athletes may not miss class or other mandatory academic requirements or required team activities to engage in NIL activities.
INSTITUTIONAL ROLE
The institution (and conference, when applicable) may:
- Educate student-athletes on NIL, including but not limited to topics intended to educate student-athletes regarding NIL rules and risks, best practices, how to engage in NIL, and how to build one’s personal brand.
- Allow student-athletes to access and use institutional facilities for NIL Activity under the same rules, regulations and fees in effect for any third-party user requesting comparable access or use.
- Provide support to student-athletes that would be provided to any other University student, such as faculty mentoring or investment money available in a business plan competition.
- Prohibit a student-athlete from NIL activities that conflict with an existing institutional and/or Northeast Conference sponsorship agreement.
- Prohibit a student-athlete from NIL activities that involve tobacco, alcohol, illegal substances or activities, banned athletic substances, or any form of gambling.
- Utilize a student-athlete’s NIL to support promotional activities considered incidental to the student-athletes participation in intercollegiate athletics.
The institution may not:
- Be involved in the development, operation or promotion of a student-athlete’s noninstitutional NIL Activity.
- Purchase a student-athlete’s work product or service.
- Use the promise of any NIL Activity as an inducement to attend the institution.
- Contract with or otherwise knowingly allow any institutional partner or contractor to engage in activity that is impermissible for the institution.
- Pay for, provide, or facilitate a relationship between a professional service provider and any student-athlete.