Introduction

 
Occidental College supports student-athletes receiving compensation for the use of their name, image and likeness from sources outside the College. In conjunction with NCAA policy and California law, Occidental College and the Department of Athletics (the “College”) have developed specific policies to address name, image, and likeness (NIL) activities of
student-athletes. A student-athlete’s failure to comply with this policy may result in penalties imposed by the NCAA and/or the College that could impact the student-athlete’s eligibility to participate in intercollegiate athletics.
 

Definition of NIL

 
Name, image, and likeness (NIL) activities covered under this policy include any situation in which a student-athlete’s name, image, likeness, or athletic reputation is used for promotional or commercial purposes by an entity other than the College or the Southern California Intercollegiate Athletics Conference (SCIAC), to the extent such NIL is derived from, related to, or references their participation in the College’s athletics program. Non-College or SCIAC entities include the individual student-athlete, a commercial entity, or another nonprofit or charitable entity. While such activities may provide compensation for a student-athlete, those activities that do not provide compensation are also covered under this policy. Student-athletes’ use and monetization of their NIL may involve a wide range of activities, including but not limited to:
 

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

Institutional Disclosure Requirements

 
Before undertaking NIL activities, student-athletes are required to disclose to the Assistant Athletic Director for Compliance.
 

• Contact information for all parties involved in the use of their NIL, as well as any involved professional service providers.
• Compensation arrangements related to the student-athlete’s NIL and the details of their relationship with involved parties.

Student-athletes must disclose the proposed NIL activities to the College at least seven (7) days prior to committing to those activities. If arrangements and details of agreements to promote a commercial product or service are amended, the student-athlete must provide notice at least seven (7) days prior to the effective date of the change. At the end of this document is a form that the student-athlete must use to disclose their NIL arrangements.
 

Restrictions on NIL Arrangements

 
Conflicts. A student-athlete may not enter into an agreement with a third party that conflicts with any of the College’s existing sponsorship agreements, any team contract, or any College policy. If, after the student-athlete’s disclosure of an NIL arrangement, the College identifies a conflict between the student-athlete’s NIL activities and an existing sponsorship agreement, any team contract, or any College policy, the College shall inform the student-athlete of the conflict. The student-athlete shall be responsible for avoiding the conflict in compliance with this policy and for disclosing any revised NIL arrangement to the College.
 
Student-athletes may not enter into an apparel contract that requires the student-athlete to display a sponsor’s apparel, or otherwise advertise for a sponsor, during official team activities.
 
Student-athletes may not engage in NIL activities while participating in required College activities or while representing the College. Student-athletes will not be permitted to use colors, logos, words, or images, including any College marks, which identify the College in any NIL activities. A student-athlete may only reference their attendance at the institution and participation in athletics in biographical information. Student-athletes may not use College facilities for any NIL activities, with the exception of use for teaching lessons or for a camp/clinic (as approved by the College). While a student-athlete is permitted to engage in NIL activities on the College’s campus, all activities are subject to applicable College policies and procedures regarding on-campus filming and commercial ventures.
 
Student-athletes may not miss required educational obligations (e.g. class, exams or scheduled tutor/mentor sessions) or required team activities for any NIL activities. A student-athlete’s involvement in NILs 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; the Code of Student Conduct; standards or policies regarding participation in intercollegiate athletics; or other disciplinary rules and standards generally applicable to Occidental College students.
 
A student-athlete may obtain professional representation (agent or attorney) related to their NIL activities, so long as the professional representation is provided by persons licensed by the State of California and consistent with the requirements of the California Education Code Section 67456(c).
 

College Involvement

Neither the College nor a College employee may be involved in the development, operation or promotion of any student athlete’s NIL activities. Further, College employees may not enter into agreements with, or benefit from, a student-athlete’s NIL activities.
 

Prohibited Activities

 
Student-athletes may not receive compensation which is conditioned or contingent on enrolling at, or continuing enrollment at, any specific collegiate institution, or on any specific athletic performance or achievement.
 
Student-athletes may not enter into agreements for use of their NIL in any Prohibited Sponsorship Category. In the event that a student-athlete enters into agreement in a Prohibited Sponsorship Category, the student-athlete shall be required to terminate such agreement.
 
A “Prohibited Sponsorship Category” is any NIL compensation agreement in certain categories, with specific entities, or with specific identified individuals that are in conflict with existing College contracts, College policies, or for any other reason determined in good faith by the College. Prohibited Sponsorship Categories include, but are not limited to:
 

• Gambling or sports wagering, and vendors associated with gambling or sports wagering

 

• Adult entertainment, and vendors associated with adult entertainment

 

• Alcohol, and vendors associated with alcohol products

 

• Tobacco, and vendors associated with tobacco products

 

• Marijuana, and vendors associated with marijuana products

 

• Products or services that are illegal

 

• Substances that are on the NCAA Banned Substance List

 

• Activities which are in violation of a statute, law, ordinance, NCAA bylaw, College contractual obligation, or College policy (including, without limitation, the College’s Discrimination, Harassment, and Retaliation Policy)

 

• Activities that adversely affect the College’s reputation

 

• Activities that appear to create an endorsement by the College of a particular company, product, political candidate or position regarding public policies