Point Park University NIL Activity Reporting Form (PDF)
Point Park University Athletics - Name, Image, and Likeness Guidelines
Statement of Purpose: Point Park University Department of Athletics is committed to supporting student-athletes and their pursuit of name, image, and likeness (NIL) activities in accordance with applicable NCAA and/or state or federal laws while continuing to further the mission of the Department of Athletics. The NIL guidelines detailed below apply to all student-athletes participating in intercollegiate athletics programs at Point Park University and outline the expectations surrounding a student-athlete’s involvement in NIL activities while encouraging our student-athletes to take advantage of these new opportunities. As some of Point Park University’s most visible ambassadors, student-athletes are expected to conduct themselves in a manner which will reflect positively upon themselves, their families, coaches, teammates, the Department of Athletics, and Point Park University.
These guidelines apply to a student-athlete when they initially enroll as a full-time student or when they begin official team activities at Point Park University, whichever occurs first.
Pennsylvania Law: Under Pennsylvania law, a student-athlete may earn compensation as a result of the use of the student-athlete’s name, image, or likeness; however, compensation must be commiserate with the market value of an NIL.
College athletes may NOT earn compensation for NIL use “in connection with a person, company or organization related to or associated with the development, production, distribution, wholesaling or retailing” of 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’
- A controlled dangerous substance; or
- Other products or activities prohibited by the institution.
Pennsylvania’s law also permits institutions to prohibit student NIL use more broadly:
- In activities that conflict with existing institutional sponsorship arrangements
- Based on other considerations that conflict with institutional values, as defined by the institution. The provision is especially applicable to a proposed NIL deal that would conflict with an existing deal that the college already has. For example, if an institution has an exclusive shoe deal with Nike, a student-athlete could be prohibited from doing an NIL deal with Adidas, depending on specifics. The Pennsylvania law requires institutions to have policies that “specify the name, image or likeness activities [in] which the college student may not engage.”
Student-Athlete Obligation:
Permissible Activities: These activities include but are not limited to: autograph signing, personal appearances, social media endorsements, camps/clinics, private lessons, and promoting a commercial product or service. Compensation means any form of payment including, but not limited to, cash, gifts, in-kind items of value, discounts, social media compensation, payments for licensing or use of publicity rights, and payments for other intellectual or intangible property rights. Unless expressly stated, these guidelines cover both compensated and uncompensated NIL activities.
Impermissible Activities: Student-athletes may NOT accept compensation in exchange for their attendance, participation, or performance at the institution (“pay-for-play”), impermissible inducements, or extra benefits. Impermissible name, image, and likeness activities include, but are not limited to, the following:
1. Agreements without a quid pro quo (i.e. compensation for work not actually performed);
2. Agreements where compensation is contingent on initial or continued enrollment at Point Park University;
3. Agreements that require a student-athlete to display or advertise a product, service, company, or sponsor during official team activities (i.e., practice, strength training, competition, meetings, community service, etc.);
4. Agreements where compensation is contingent on specific athletic performance or achievement (i.e. financial incentives based on points scored)
a. Athletic performance may enhance a student-athlete’s name, image, and likeness value; however, it may not be “consideration” for the name, image, and likeness activity.
Benefits provided to student-athletes through name, image, and likeness must be consistent with the institutional policies of Point Park University.
Student-athletes are still subject to the following standards and expectations:
- Academic standards, requirements, regulations, obligations;
- Team rules of conduct, student-athlete code of conduct, or other rules of conduct;
- Standards or policies regarding the governance or operation of or participation in NCAA athletics;
- Disciplinary rules and standards generally applicable to all students at Point Park University.
Student-athletes may need to follow the NIL laws of the state in which they legally reside, in addition to Pennsylvania NIL rules.
Institutional Obligation:
Point Park University will abide by the following in accordance with Pennsylvania law:
1. Shall not prevent a student-athlete who earns compensation from their name, image, and likeness from fully participating in intercollegiate athletics and such compensation will not impact a student-athlete’s athletic scholarship eligibility or renewal.
2. Shall not provide a prospective student-athlete who intends to participate in intercollegiate athletics with compensation in relation to the prospective student-athlete’s name, image, and likeness.
3. Shall not prevent a student-athlete from obtaining professional representation in relation to contracts or legal matters regarding name, image, and likeness opportunities.
4. Shall not prevent a student-athlete who obtains professional representation in relation to contracts or legal matters regarding name, image, and likeness opportunities from fully participating in intercollegiate athletics.
Under Pennsylvania’s Right of Publicity law, Point Park University has the ability to use a student-athletes name, image, and likeness for Point Park University’s educational purposes or to promote Point Park University and its educational or institutional objectives without providing compensation.
Prohibited Promotional Activities: Student-athletes must conduct their activities in adherence to a set of ethical standards which are compatible with those of Point Park University. These include, but are not limited to, honesty, integrity, trustworthiness, and respect for others. Point Park University, in its sole discretion, retains the right to disapprove of any activity deemed to suggest an endorsement by Point Park University or that reflects unfavorably upon Point Park University and/or Point Park University student-athletes. Specifically, Point Park University retains the right to disapprove any activity that promotes or otherwise references certain prohibited categories of products, services, or entities including, but not limited to, the following:
• Illegal products or services;
• Controlled substances as defined by the PA General Assembly (
CLICK HERE)
• Alcohol products;
• Tobacco and/or nicotine products including, but not limited to, the following:
o Cigarettes;
o Cigars;
o Smokeless tobacco;
o Electronic smoking devices;
o Vapor product;
o Any product or device that consists of or contains nicotine that can be ingested into the body.
• Marijuana or any marijuana related products or services (medical, recreational, or otherwise);
• Gambling goods and services including, but not limited to, the following:
o Casinos;
o Sportsbooks;
o Gambling apps;
o Any entity that sponsors or promotes gambling activities.
• Substances on the NCAA Banned Substance List;
• Activities that conflict with existing Point Park University’s exclusive sponsorship arrangements;
• Sponsorships which conflict with Point Park University’s exclusive sponsorship entities;
• Firearms, explosives, or lethal weapons;
• Adult entertainment in any form that is characterized by an emphasis on exposure or display of sexual activity;
• Athletic recruiting services;
• Activities which are, in Point Park University’s sole judgement, misleading, offensive, or in violation of a statute, law, ordinance, NCAA Bylaw, or in conflict with any University contract obligation.
Use of Institutional Marks: A student-athlete may not use any institutional, conference, or NCAA names, trademarks, service marks, logos, symbols, or any other intellectual property in noninstitutional name, image, and likeness activities when a student-athlete is engaging in an activity which promotes or endorses a third-party service or product without written approval by Point Park University. Prohibited examples without authorization include, but are not limited to, the following:
1. Wearing apparel or gear that visibly shows a Point Park University logo/trademark;
2. Social media content (i.e., photos, videos, etc.) that includes a Point Park University logo/trademark.
Student-athletes are permitted to use photos or videos containing Point Park University trademarks, logos, service marks, symbols, or other intellectual property
for personal brand building on social media,
but not in any NIL activity.
Reference to the Institution: Student-athletes are permitted to include a reference to Point Park University consistent with institutional policies applicable to any student. For the avoidance of doubt, student-athletes are permitted to identify themselves as “Current Point Park University Student-Athlete” and may list their personal academic or athletic accolades.
Student-athletes may not imply (directly or indirectly) that Point Park University endorses any NIL activity or any products or services associated with any NIL activity.
Institutional/Team Issued Equipment and Apparel: Student-athletes are not permitted to sell any institutional- or team-issued equipment and apparel (i.e., shoes, jersey, helmet, bats, warm-ups, etc.) until their NCAA eligibility is exhausted.
Missed Class/Practice/Game/Team Activities: Student-athletes are not permitted to miss class, practice, games, or any official team activities to participate in any noninstitutional name, image, and likeness activity. This also includes any mandatory athletic activities outside of practice and games.
Institutional Facility Involvement: Use of institutional facilities for noninstitutional name, image, and likeness activities which promote and/or endorse a third-party commercial product or service is not permitted. If you wish to use institutional facilities, you will be required to pay the applicable rental rate and provide applicable proof of insurance, etc. The use of non-rentable areas such as locker rooms, athletics training areas, meeting rooms, lounges, hallways, etc. for NIL activities is not permitted.
Staff Involvement: No Point Park University coaches or staff members may be involved in any way with NIL activities. This includes arranging, assisting, promoting, or contributing to NIL activities. No Point Park University coaches or staff members may be compensated (money or other goods, services, or compensation) to be involved in or assist any NIL activity (i.e., social media content, videos, photography, graphics, logos, etc.)
International Student-Athletes: International student-athletes should not enter into any activities involving compensation for name, image, and likeness activities without first receiving guidance from the Point Park University Director of International Student Services and Enrollment to protect themselves against any potential immigration issues.
Financial Aid and Taxes: Eligibility for need-based financial aid, including the Pell Grant, could be impacted based on compensation earned from name, image, and likeness activities. Questions regarding the effect name, image, and likeness activities have on need-based financial aid should be directed to the Point Park University Financial Aid Office.
In addition, there could be tax consequences on your NIL earnings/compensation and student-athletes should consult with a tax professional.
Agents: A student-athlete may hire an agent to assist in NIL activities. The NIL agent must be compensated with their regular rate. Failure to do so may jeopardize your NCAA eligibility.
A student-athlete may not hire an agent to directly or indirectly represent or attempt to represent the student-athlete for the purpose of marketing your athletic ability or reputation for financial again as a professional athlete or to secure you an opportunity as a professional athlete. Hiring an agent for this purpose may jeopardize your NCAA eligibility.
Disclosure of NIL Activities/Agreements: Student-athletes should disclose all name, image, and likeness activities including information related to agreements (verbal or written), transactions, compensation arrangements, and details of relationships with any involved individuals, commercial entities, and/or third parties (i.e., contact information, identification of role, etc.) at least seven business days prior to the activity occurring. Pennsylvania law requires students to disclose NIL contracts to a designated official of the institution at least seven days prior to execution of the contract.
All noninstitutional name, image, and likeness activities should be reported to the Point Park University Assistant Director of Athletics for Compliance Officer via email (daniel.trocano@pointpark.edu) using the NIL Activity Reporting Form. Point Park University will approve or deny the requested activity within three business days of receiving the form.
If during review of the proposed NIL activity a conflict is discovered, the following will occur:
• Point Park University will inform the student-athlete of the relevant provision that is in conflict;
• The student-athlete cannot enter into the proposed NIL activity; however, the student-athlete may negotiate a revision to the proposed activity to avoid the conflict; and
• The student-athlete must submit a revised NIL reporting form to Point Park University for review before entering into the NIL activity to ensure compliance with these guidelines and Pennsylvania law.
If agreements and details of a previously approved arrangement to promote a commercial product or service are changed, altered, or amended, the student-athlete should provide written updates to Point Park University within 7 days of the change.
Failure to disclose a NIL activity could lead to eligibility consequences.
Sanctions: Failure to abide be the Point Park University Student-Athlete Name, Image, and Likeness guidelines may result in loss of privileges and other sanctions as appropriate including, but not limited to, verbal or written reprimand, probation, loss of practice privileges, loss of competition privileges, and suspension or dismissal from the program.
Definitions:
“Athletic authority” means any athletic association, conference, or other group or organization with authority over intercollegiate athletics programs.
“Compensation” means any form of payment or remuneration including, but not limited to cash, gifts, in-kind items of value, social media compensation, payments for licensing or use of publicity rights, payments for other intellectual or intangible property rights under federal or state law, and any other form of payment or remuneration.
- Note that an athletic scholarship from the institution is not compensation for use of the student-athlete’s name, image, and likeness.
“Image” means a picture of the student-athlete.
“Student-athlete” means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in an intercollegiate athletics program at a postsecondary educational institution.
- Note that it does include an individual is permanently ineligible in a particular intercollegiate sport.
“Likeness” means a physical, digital, or other depiction or representation of the student-athlete.
“Name” means the first name, last name, or nickname of the student-athlete when used in a context that reasonably identifies the student-athlete with particularity.
“College” or “University” means any postsecondary educational institution.
