2.11 Student-Athlete Name, Image, Likeness Activity

The purpose of this regulation is to define the institutional guidelines and limitations relating to Maricopa County Community College District (MCCCD) student-athletes who use their name, images, or likenesses (NIL) for monetary compensation. 

Regulation

1. Scope and Definition – For the purpose of this regulation, an “NIL activity” is any business activity in which a student-athlete is compensated in any way by a third party (not related to the Maricopa County Community College District) for the use of the student-athlete’s name, image, or likeness. 
2. Permissible NIL Activities – Student-athletes may be compensated for participation in NIL activities so long as those activities are permissible under NJCAA and MCCCD/college policies and regulations, federal regulations, and comply with Arizona law. 
3. Student-Athlete Disclosure of NIL Activities – Student-athletes must disclose the details of any NIL inquiry to their respective college’s Athletic Director prior to entering into any agreement. Once an NIL agreement is signed, a copy of the agreement must be given to the student-athlete’s Athletic Director for recordkeeping purposes. Any modifications to an existing agreement must be reported to the Athletics Director prior to the change being implemented and a copy of the signed, modified agreement must be delivered to the student athlete’s Athletic Director for recordkeeping purposes. 
   
    
4. No Impermissible Recruitment or Benefits through NIL Activities – NIL activities may not be used by MCCCD or any of its representatives to recruit prospective student-athletes to MCCCD or for the purposes of compensating student-athletes for their athletic performance. Among other things, this means: 
   
   1. Compensation for NIL activities must be commensurate with the going rate for similar services in the relevant market. 
      
       
   2. Student-athlete staff members, including active outside consultants, may not assist student-athletes in the development, operation, or promotion of NIL activities. 
      
       
   3. Athletics staff members may not provide apparel or gear to student-athletes for purposes of NIL activities. 
      
       
   4. Student-athlete access to MCCCD resources and facilities for purposes of NIL activities is provided at the same level of availability and cost as to the public. 
      
       
5. Restrictions on Types of Businesses or Activities – Student-athletes may not engage in NIL activities with people, institutions, businesses, or other entities in the following categories: 
   
   1. Alcohol and alcohol products; 
      
       
   2. Casinos, gambling, and sports betting/wagering;
      
       
   3. Cannabis and marijuana in any form, along with associated products, dispensaries, or paraphernalia;
      
       
   4. Firearms and other weapons;
      
       
   5. Gentlemen’s clubs, adult entertainment, and/or escort services;
      
       
   6. NJCAA banned substances; 
      
       
   7. Political purposes or causes;
      
       
   8. Post-Secondary educational institutions or online educational organizations;
      
       
   9. Pharmaceuticals; 
      
       
   10. Sexually explicit materials; and/or
       
        
   11. Tobacco products. 
       
        
6. NIL Activities while Participating as a Student-athlete – Student-athlete may not engage in NIL activities during required team activities or while representing MCCCD in any capacity, including during travel related to MCCCD athletics competition(s). 
   
   
   
   Student-athlete may not miss class to participate in NIL activities. 
   
   
   
   Student-athlete may not sell items provided by MCCCD and/or the NJCAA until the student-athlete has exhausted all team eligibility. “Items,” for purposes of this regulation includes jerseys, gear, apparel, equipment, or awards. After the student has exhausted their eligibility, the student-athlete may sell items that are not required to be returned to the college, the NJCAA, or the college’s athletics department. 
   
    
7. Professional Service Providers – Student-athletes may use professional service providers (e.g., marketing agents, brand managers) to assist with the management and procurement of NIL activities and to review NIL agreements.  Such providers’ engagement must be limited to NIL activities and may not be used to secure opportunities as professional athletes. Professional services providers must be duly licensed as per state law requirements. 
   
    
8. Use of Institutional Marks – Student-athletes may not use MCCCD and college-specific intellectual property in connection with NIL activities without permission. Permission to use such intellectual property may be requested via the Individual Use of Intellectual Property Request Form (see Appendix S-19). Student-athletes must request the use of protected marks at least five (5) days before the activity is scheduled to occur. Student-athletes cannot resell institutional marks (such as apparel) or copyrighted material that belongs to the college, district, or NJCAA. 
   
    
9. Review – The respective college Athletics Director will review NIL activities for conflict with this regulation and NJCAA regulation. Neither the Athletics Director, nor any other MCCCD entity will perform a legal review of the student-athlete NIL agreement. 
   
    
10. International Student-Athletes – International student-athletes are not eligible to receive compensation for NIL agreements in the United States due to their visa status and lack of work authorization. International student-athletes should consult with MCCCD’S District Compliance office to discuss whether they are eligible to receive NIL compensation from a United States company when the student-athlete is in their home country. 
    
     
11. Violations – Violations of this regulation may result in a variety of penalties depending on the nature and type of regulation deviation. The most egregious deviations (i.e., proof that an NIL activity was used to compensate a student-athlete for performance or to induce a prospect to attend) may lead to termination of employment for staff members, booster dissociation, and student-athlete scholarship and athletic participation modification. Violations of NJCAA regulation will be reported to NJCAA and could result in additional NJCAA-mandated penalties. Penalties for student-athletes who violate this regulation will be commensurate with the nature and type of regulation deviation and will be addressed via the Student Code of Conduct. 
    
     
12. The terms of this regulation may be modified at the discretion of the MCCCD.