Randolph-Macon College

Posted: Nov 17, 2021
 
 

In accordance with NCAA Policy, Randolph-Macon College and the Department of Athletics have developed the following policy concerning name, image, and likeness (NIL) activities by Randolph-Macon College student-athletes. A student-athlete's failure to comply with this policy may result in penalties impacting the student-athlete's eligibility to participate in intercollegiate athletics. 

Randolph-Macon College reserves the right to change, revise, or modify any elements of this policy and/or the entirety of this policy at any time with immediate effect or as of the date noted on the revision.

Name, Image, Likeness Activities 

A name, image, and likeness activity includes any situation in which a student-athlete's name, image, likeness, or personal appearance is used for promotional purposes by a non-institutional entity, including the individual student-athlete, a commercial entity, or a non-institutional non-profit or charitable entity.

A student-athlete is defined as an individual enrolled at an institution who participates in intercollegiate athletics.

Name, Image, Likeness Activities may include, but are not limited to: 

• Traditional commercials or advertisements for products or services 
• Student-athletes developing and promoting their own business 
• Personal appearances 
• Student-athletes running their own camps or clinics 
• Providing private lessons and using their name or image to promote those lessons 
• Sponsored social media posts 
• Autograph sessions 

Considerations

• Compensation from name, image and likeness activities may affect grants or need-based financial aid. Questions concerning the impact of such compensation should be directed to JulieHickmanGodoy@rmc.edu in the Randolph-Macon College Office of Financial Aid. 
• Student-athletes should be aware that income from NIL activities may be considered taxable income. It is the responsibility of student-athletes to consult with an appropriate tax professional about the tax implications of any compensation they earn and to comply with all relevant laws and regulations. 
• To guard against possible effects on immigration status, international student-athletes should not enter into any name, image and likeness agreements without guidance from the Randolph-Macon College Office of International Education 

Policy 

1. Prohibited Sponsorship Categories

1. Student-athletes are expected to represent RMC in a professional manner. Name, image, and likeness activities that do not meet this expectation will not be approved.
2. Student-athletes will not be permitted to enter into name, image and likeness agreements with a "Prohibited Sponsorship Category". Prohibited Sponsorship Categories include, but are not limited to: 

• Casinos or gambling, including sports betting;
• Alcohol products and vendors associated with these products;
• Adult entertainment and vendors associated with adult entertainment;
• Cannabis, cannabinoids, cannabidiol, or other derivatives and vendors associated with these products;
• Dangerous or controlled substances;
• Performance enhancing drugs or substances (e.g., steroids, human growth hormone) including all substances on the NCAA Banned Substances List;
• Drug paraphernalia and vendors associated with these products;
• Tobacco and electronic smoking products and devices and vendors associated with these products; and
• Weapons, including firearms and ammunition and vendors associated with these products;
• Opportunities that conflict with an existing agreement between RMC and a third-party;

2. RMC Student Code of Conduct
   1. All NIL activities of a student-athlete must adhere to R-MC's codes of conduct and expectations for all students.  Any violation of such policies in the course of NIL activities may be grounds for disciplinary action up to and including dismissal from the team and/or college.
3. Use of College and Athletic Department Logos, Marks, and Facilities

1. Student-athletes must request permission to use Randolph-Macon College or athletic department-related marks and logos for NIL activities.
   1. 1. Permission must be sought for each new NIL activity or agreement and must be obtained in writing prior to the use of any RMC college or athletic department-related marks. Failure to obtain permission prior to use of the College's marks may result in denial of future requests.
      2. Neither R-MC College nor athletic department-related marks may be used in any NIL activities that convey endorsement or support of political candidates or organizations.
2. Student-athletes must follow ODAC, DIII, or other association policies regarding the use of their marks and logos for NIL activities. Student-athletes are responsible for their knowledge of and compliance with the policies of other organizations.
3. Student-athletes may use Randolph-Macon College athletic facilities for NIL activities. Use of these facilities that may displace, delay, or otherwise impact scheduled use of those facilities for any Athletics-related purpose (e.g., practice, competition, team meetings, etc.) must be scheduled through the Athletic Department. This permission may be removed in the event of failure to comply with the policy. 
4. Student-athletes may use Randolph-Macon non-athletic facilities for NIL activities. Use of these facilities must not displace, delay, or otherwise impact scheduled use of those facilities by members of the R-MC community. 
5. Until they have exhausted their eligibility, student-athletes are prohibited from selling their clothing, shoes, or any other equipment provided to them as the result of being a Randolph-Macon student-athlete. 

4. Representation
   1. Student-athletes may secure representation (e.g., agent or lawyer) ONLY for name, image and likeness and NOT for current or future professional athletic contract negotiations. 
5. Compensation

1. Randolph-Macon College, athletic department or faculty and staff members may not compensate or arrange compensation to a current or prospective intercollegiate athlete for their name, image and likeness.
2. Student-athletes may not receive compensation for attendance at Randolph-Macon College. 
3. Student-athletes may not receive compensation on the basis of individual or team performance.
4. Student-athletes may not enter into an agreement for NIL activities unless the compensation to be paid the student-athlete is for work actually performed and is at the rate reflecting fair market value. 

6. Conflicts

1. A student-athlete cannot enter into a name, image and likeness agreement if the agreement conflicts with an existing Randolph-Macon College agreement. If a conflict is asserted, the College must disclose the relevant terms of the College agreement that conflict with the student-athlete's name, image and likeness agreement.
2. Student-athletes will not be permitted to enter into apparel contracts that require student-athletes to display a sponsor's apparel, or otherwise advertise for a sponsor, during official team activities if it is in conflict with a school or team contract. Student-athletes must comply with written team rules regarding non-official uniform items.
3. All name, image and likeness compensation opportunities must be scheduled to avoid conflicts with academic or team-related activities (e.g., including but not limited to, no missed classes, no missed practices and no missed competitions). 
4. A student-athlete's involvement in NIL activities will not relieve the student-athlete from the obligation to comply with all NCAA and institutional academic standards, requirements, regulations or obligations; team rules of conduct or other applicable rules of conduct; standards or policies regarding participation in intercollegiate athletics; or disciplinary rules and standards generally applicable to Randolph-Macon College students. 
5. With approval of the student-athlete's head coach, student-athletes may engage in NIL activities while participating in required institutional activities or while representing the institution. 

Procedure 

Student-athletes must receive formal approval from the College prior to entering into any agreements. 

At least seven (7) days prior to the effective date of any agreements, student-athletes must submit a completed Name, Image, and Likeness Reporting Form and a copy of the agreement(s), including disclosure of all compensation, for which they are seeking approval. The purpose of this reporting form is to ensure collegiate athletics eligibility, compliance with all required protocols identified in this policy, and to identify any potential conflicts with existing contracts. This form will be retained by the Athletic Department and will be shared with the student-athlete's coach.

All student-athletes with existing agreements must submit a completed NIL Reporting Form and a copy of the agreement(s) for which they are seeking approval within 7 days of this policy's effective date. Randolph-Macon College reserves the right to require student-athletes to remove themselves from existing agreements should those agreements be found in violation of this policy.

Reporting Forms should be submitted as attachments via email to Assistant Athletic Director, MK Geratowski at mkgeratowski@rmc.edu. Student-athletes will receive written notification within 7 days of the approval or disapproval of the submitted agreement(s). In the case of disapproval, student-athletes will be provided a written explanation.