Washburn University Athletics

 
EFFECTIVE DATE
The NCAA has adopted guidance (the "NCAA Rules") governing student-athletes' Name, Image, and Likeness ("NIL") activities as of July 1, 2021. Any agreements involving Name, Image, and Likeness entered into prior to July 1, 2021 are not covered under the NCAA or Washburn Athletics policies and would be subject to previous NCAA Rules regarding NIL, including mandatory reporting of violations of those Rules.
Washburn Athletics and our student-athletes must follow the NCAA Rules and this Washburn Athletics policy. Student-athletes, Washburn Athletics staff, or other third parties should consult with Washburn Athletics Compliance regarding the NCAA Rules and this policy prior to engaging in NIL activities that involve Washburn Athletics student-athletes beginning July 1, 2021.

NAME, IMAGE, AND LIKENESS ACTIVITIES 
Subject to the NCAA rules and this Washburn Athletics policy, Washburn student-athletes may use their NIL in a variety of ways that may include, but is not limited to:

• promoting their own business,
• promoting or endorsing a corporate entity (e.g., a brand ambassador or social media influencer);
• conducting camps, lessons or clinics;
• making appearances; or
• signing autographs.

Student-athletes who are unsure of whether a particular activity may fall under this policy should consult with Washburn Athletics Compliance prior to entering any agreement for the activity.
 
COMPENSATION FOR NIL ACTIVITIES
Washburn student-athletes may receive compensation, either in-kind or monetarily, for engaging in NIL activities. Such compensation must be within fair market value. Such compensation must be for work actually performed.
Washburn student-athletes are allowed to enter into legitimate NIL agreements with representatives of athletics interest ("boosters"), provided the agreement meets the requirements set forth in the "Restrictions" section, including restrictions against recruiting inducements and "pay-for-play."

RESTRICTIONS
Student-athletes must not use their NIL to promote:

• gambling,
• alcohol products,
• tobacco and/or vaping products,
• adult entertainment,
• substances banned by the NCAA, or
• products or services that are illegal.

 
Furthermore, an agreement is restricted if the agreement:

• is without quid pro quo (e.g. compensation provided for work not performed),
• is contingent upon enrolling or remaining at a particular institution (recruiting inducement)
• compensates based on athletic participation or achievement ("pay-for-play"). Athletic performance may enhance a student-athlete's NIL value, but athletic performance may not be the "consideration" for NIL compensation,
• requires the student-athlete to engage in NIL activities during the course of official team activities, which include competitions, practices, and team gatherings and meetings,
• interferes with the student-athlete's academic obligations,
• extends beyond a student-athlete's athletic eligibility at Washburn University, or
• is in conflict with a provision of a contract entered into by Washburn University, Washburn Athletics, or an affiliated entity. Please refer to "Disclosure of NIL Activities" section for more information on contractual conflicts.

Washburn University, Washburn Athletics, or staff members may not compensate or arrange compensation to a current or prospective intercollegiate student-athlete for her or his name, image, or likeness.
Neither Washburn University nor Washburn Athletics shall not enter into a contract that prevents a student-athlete from receiving compensation for using the student-athlete's name, image, likeness rights or athletic reputation for a commercial purpose when the student-athlete is not engaged in official team activities.
 
 DISCLOSURE OF NIL ACTIVITIES  

The purpose for disclosure requirements is for the Washburn Athletics Compliance Office to monitor compliance with NCAA rules and WU policies. It is not an approval process.
 
A current student-athlete who enters into a contract providing compensation to the student-athlete for the use of the student athlete's name, image, likeness rights or athletic reputation shall disclose the contract to Washburn Athletics Compliance by completing the NIL Disclosure Form within five (5) business days of the date of signature of the contract by the student-athlete. Washburn Athletics highly recommends that student-athletes complete the NIL Disclosure Form prior to the start of the NIL activity whenever possible so that Washburn Athletics Compliance can ensure the activity does not jeopardize the student-athlete's eligibility.
 
Transfer student-athletes are required to disclose any contracts entered into prior to enrolling at Washburn University within fifteen (15) days of matriculation at Washburn University. Disclosures should be made utilizing the NIL Disclosure Form.

The NIL Disclosure Form is located at wusports.com/NIL
 
In the event that Washburn University, Washburn Athletics, or an affiliated entity asserts a conflict as described in the "Restrictions" section, that conflict shall be disclosed to the student-athlete and the student-athlete's professional representative, if applicable, within 5 business days of receiving the NIL Disclosure Form.  If Washburn Athletics Compliance believes review of the full agreement will assist in further investigating the potential conflict, then Washburn Athletics Compliance shall request a copy of the full agreement at the time of disclosure of the conflict to the student-athlete.  The student-athlete or the student-athlete's professional representative shall then have 5 business days provide a copy of the full written agreement to Washburn Athletics Compliance.
 
USE OF AGENTS OR PROFESSIONAL SERVICES 

Washburn student-athletes are encouraged to obtain professional advice to assist them with NIL activities. The use of an agent, as defined by NCAA bylaws, may only be used for NIL activities; student-athletes may NOT enter into agreements for future professional athletics contract negotiations and/or representation. Washburn Athletics Compliance reserves the right to request a copy of the agreement if it believes the agreement creates a conflict as described in the "Restrictions" section.
 
Professional representation on behalf of a student-athlete by an athlete agent or attorney shall only be provided by persons licensed by the state of Kansas or holding certificates of registration as provided by applicable Kansas law, including the Uniform Athlete Agents Act, and who are in compliance with such Kansas law and the Federal Sports Agent Responsibility and Trust Act, 15 U.S.C. § 7801 et seq., established in chapter 104 of title 15 of the United States Code. Washburn Athletics encourages its student-athletes to thoroughly vet any such agents or advisors prior to working with them, as Washburn Athletics will not be responsible for any agreement or contractual obligation, whether with an agent or other third party.

The NIL Agent Disclosure Form is located at https://wusports.com/agent
 
Student athletes cannot enter into any such written or oral agreements for Name, Image, and Likeness before July 1, 2021. 
 
USE OF UNIVERSITY INTELLECTUAL PROPERTY  

Student-athletes may reference their attendance at Washburn University and/or their participation in athletics while engaging in NIL activities, but student-athletes are NOT permitted to use Washburn's intellectual property, including its trademarks, logos, or symbols, to either implicitly or expressly endorse a third party or product without the prior written approval. Approval may be conditioned on:
 

• review of the content of the proposed endorsement of the product or third-party to ensure use is consistent with Washburn University guidelines for use of its logo, trademarks, and symbols, and/or
• compensation to Washburn University for use of its logos, trademarks, or symbols.

 
Approval will be determined collaboratively by the Washburn Athletics Communications Office and the Washburn University Public Relations Department.
 
Student-athletes may autograph and sell officially licensed memorabilia that includes University marks. Per NCAA rules, student-athletes may not sell products provided by Washburn Athletics or awards received for intercollegiate athletic participation while they are a student-athlete.  
 
FACILITY USE  
Student-athletes may, subject to availability and subject to the terms of a facility use agreement, use Washburn Athletics' facilities to conduct camps, clinics, or lessons if the student-athlete pays the standard facility rental rate. The use of athletic department facilities will require approval in advance. Therefore, student-athletes wishing to use Washburn Athletics' facilities must arrange for this use by submitting a written scheduling request to the Athletic Director (or designee) AND the Athletics Facilities Manager at least thirty (30) days prior to the event.  Facility Use and waiver of liability agreements will be coordinated with University Scheduling.
 
Student-athletes may not use Washburn facilities in such a manner that creates the impression – either express or implied - that Washburn expressly or indirectly endorses a third party or product, unless prior written approval is obtained from Washburn University Counsel.

FINANCIAL AID AND TAX IMPLICATIONS

Student-athletes should be aware that receiving compensation for NIL activities could have an impact on their financial aid, especially for those receiving Pell Grants or other need-based aid.
 
Washburn Athletics shall not revoke or reduce an athletics grant-in-aid or stipend scholarship as a result of a student-athlete earning compensation in accordance with name, image, likeness activities, unless otherwise required by federal laws or institutional standards governing need-based awards due to income received.
An athletics grant-in-aid award from Washburn Athletics is NOT considered compensation for use of a student-athlete's name, image, likeness rights.  
Student-athletes are encouraged to consult with the Washburn University Financial Aid Office to fully understand these potential impacts.
 
Entering into NIL agreements could also present tax implications. Student-athletes should consult with a tax professional regarding these issues.
 
INTERNATIONAL STUDENT-ATHLETES

International student-athletes should discuss how receiving compensation may impact their VISA status with the Washburn University Office of International Programs prior to engaging in NIL activities.

PROSPECTIVE STUDENT-ATHLETES
 
While the NCAA's interim NIL Policy allows prospective student-athletes ("PSAs") to engage in the same types of NIL opportunities available to current student-athletes without impacting their eligibility, it is imperative for PSAs to contact their state amateur athletic associations for guidance on NIL activities. Given that rules vary by state, PSAs should consult their state high school athletics association regarding questions pertaining to high school eligibility. Washburn Athletics is not responsible for a PSA's high school eligibility, and maintaining that eligibility is the sole responsibility of the PSA.
NIL opportunities may not be used as a recruiting inducement, as noted in the "Restrictions" section, and such inducements would impact a PSA's NCAA eligibility.

RESERVED RIGHTS
 
Washburn Athletics reserves the right to use a student-athlete's name, image, and likeness to the extent and in the form determined in the institution's sole discretion, at any time for its advertising and marketing related to Washburn University's athletic, academic, promotional and historical interests. Any contractual provision in a contract between a student-athlete and a third-party sponsor or athlete agent in conflict with this provision is null and void.
 
OTHER APPLICABLE LAWS, POLICIES AND GUIDELINES
 
As of the date of this policy shown, there are no federal or Kansas state laws that address NIL activities. If any such laws are passed, to the extent such laws would conflict with the language in this policy, those laws would be controlling and it would be the student-athlete's responsibility to ensure the student-athlete's agreements for NIL and professional services are in compliance with those laws.
 
If a student-athlete is a resident of a state other than Kansas, the student-athlete should also consult that state's laws to determine their applicability.
 
Information about the NCAA's Interim NIL Policy can be found here: https://www.ncaa.org/about/taking-action
 
NCAA NIL Policy Q&A: https://ncaaorg.s3.amazonaws.com/ncaa/NIL/NIL_QandA.pdf
 
Quick Guide to New NCAA Interim Policy: https://ncaaorg.s3.amazonaws.com/ncaa/NIL/NIL_QuickGuideToNewPolicy.pdf
 
NCAA New Interim Policy Takeaways: https://ncaaorg.s3.amazonaws.com/ncaa/NIL/NIL_PolicyKeyTakeaways.pdf
 
NCAA Cycle of Individual Engaged in NIL Activities: https://ncaaorg.s3.amazonaws.com/ncaa/NIL/NIL_CycleofIndividual.pdf
 
NCAA NIL Consideration for Financial Aid Offices: https://ncaaorg.s3.amazonaws.com/ncaa/NIL/NIL_FinancialAid.pdf