Syracuse, N.Y. – Following the NCAA adopting a uniform interim policy suspending name, image and likeness (NIL) rules for all incoming and current student-athletes on July 1, 2021, Le Moyne College Athletics announced on Thursday the department's policy surrounding NIL.

"It's an exciting time for our student-athletes as we embrace the new NIL era in collegiate athletics," said Le Moyne Director of Athletics Bob Beretta. "We look forward to helping educate our student-athletes on this topic and assisting them in maximizing any opportunities available involving their name, image and likeness.
 
"We want to encourage the entrepreneurial spirit of our student-athletes so they can capitalize on their personal brands while assuring these initiatives align with the Jesuit values that steer our College."


LE MOYNE ATHLETICS NAME, IMAGE AND LIKENESS POLICY
EFFECTIVE JULY 1, 2021

1. PHILOSOPHY
This policy (Policy) will govern Le Moyne College student-athletes regarding Name, Image and Likeness (NIL) opportunities in accordance with the NCAA governance bodies' June 30, 2021 adoption of a uniform interim policy suspending NIL rules. This Policy is subject to change and is intended to remain in place until either the State of New York or the federal government enacts NIL legislation that would supersede the Policy. This Policy does not supersede any Le Moyne College policies and student-athletes must adhere to all College, Northeast-10 Conference and NCAA regulations, guidelines and expectations when engaging in NIL opportunities.
 
2. NCAA GUIDANCE
NCAA rules prohibiting pay-for-play and impermissible inducements remain in effect. Student-athletes may not receive payment in exchange for athletic participation at Le Moyne College. Further, prospective student-athletes may not receive payments for future participation in athletics at Le Moyne College per NCAA rules.
 
Le Moyne's Athletic Department and our student-athletes must adhere to both NCAA rules and this Policy at all times. Student-athletes, Le Moyne staff members and/or other third parties should consult with the Le Moyne's Office of NCAA Compliance regarding the NCAA rules and this policy prior to engaging in NIL opportunities that involve Le Moyne student-athletes. For more information, student-athletes can find NCAA specific guidance at https://www.ncaa.org/about/taking-action.
 
3. NAME, IMAGE, AND LIKENESS OPPORTUNITIES
Subject to the NCAA rules and this policy, Le Moyne student-athletes may use their name, image and likeness 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. Le Moyne student-athletes may receive compensation, either in-kind or monetary, for engaging in NIL opportunities, subject to NCAA legislation and Le Moyne College approval. Le Moyne College shall be prohibited from entering into any NIL agreement with a Le Moyne student-athlete. Le Moyne student-athletes may engage in NIL opportunities and receive corresponding compensation from Le Moyne boosters, donors or sponsors so long as the compensation is paid for work actually performed by the Le Moyne student-athlete and is not: (i) a recruiting inducement; (ii) an inducement to remain enrolled at Le Moyne College; and/or (iii) based on athletic performance.

4. USE OF AGENTS OR PROFESSIONAL SERVICES
Le Moyne student-athletes are encouraged to obtain professional advice to assist them with NIL opportunities. The use of an agent, attorney or similar (Agent) may only be used for NIL related representation. Le Moyne Athletics encourages its student-athletes to thoroughly vet any such Agent prior to working with them, as Le Moyne Athletics shall not be responsible for any agreement or contractual obligation of a Le Moyne student-athlete and an Agent or other third party.
 
Le Moyne Athletic Department employees are prohibited from assisting with or facilitating NIL opportunities for student-athletes. Institutional employees are permitted to provide education in regards to NIL, but may not provide any other professional services.

5. USE OF COLLEGE INTELLECTUAL PROPERTY 
Student-athletes are not permitted to use Le Moyne's intellectual property, including its trademarks, logos, or symbols in any manner associated with or related to a NIL opportunity without the prior written approval from Le Moyne's College.  Any prior written approval from Le Moyne College shall be limited to a specific NIL opportunity and shall not act as Le Moyne College's approval of any additional usage or waiver of Le Moyne College's intellectual property rights.

6. TEAM ACTIVITIES AND ACADEMIC OBLIGATIONS
Student-athletes are prohibited from engaging in NIL opportunities during the course of team activities, which include competitions, practices, team gatherings and/or team meetings. Le Moyne student-athletes are prohibited from engaging in NIL activities which conflict with his/her academic obligations.  Absence from any class to participate in a NIL opportunity is strictly prohibited.

7. COLLEGE FACILITY USAGE 
College Facility Usage for student-athlete NIL opportunities must be authorized and approved in advance. If authorized and available, standard facility rental rates, agreement and insurance requirements will apply. In addition, the use of Le Moyne facilities may not create an impression - either expressed or implied – that Le Moyne expressly or indirectly endorses the NIL opportunity, or any type of product associated with that opportunity.

8. DISCLOSURE OF NIL OPPORTUNITIES 
In the course of their education and participation in intercollegiate athletics at Le Moyne College, student-athletes must disclose all NIL opportunities to Le Moyne's Office of NCAA Compliance through the NIL Disclosure Workflow via ARMS Software at least five (5) days prior to committing to participate in the NIL opportunity to ensure that the opportunity is permissible and will not jeopardize the student-athlete's eligibility.
 
Failure to disclose participation in a NIL opportunity or participating in an impermissible NIL opportunity could result in the loss of athletic eligibility, suspension/removal from an athletics team and/or cancellation of athletics aid.

9. RESTRICTED NIL CATEGORIES 
Prohibited Categories
Student-athletes must not use their NIL to promote gambling, alcohol products, tobacco products, adult entertainment, substances banned by the NCAA, or any other products or services that are illegal. In addition, NIL opportunities must align with the core values of Le Moyne College, Northeast 10 Conference, NCAA and must not conflict with local, state or federal laws.

Conflict with Institutional Contracts
A student-athlete may not enter into an agreement with a third-party that conflicts with any existing college sponsorship agreements. If the institution identifies a conflict between the student-athlete's NIL opportunities and an existing sponsorship agreement, the institution shall (i) inform the student-athlete of such conflict, and (ii) provide student-athlete with a copy of the conflicting provision of the sponsorship agreement so the student-athlete has the opportunity to negotiate a revision of the NIL opportunity with the third-party. Any revision of an NIL opportunity is subject to additional review and approval by the institution.

10. TAX IMPLICATIONS
Le Moyne student-athletes are hereby notified that any income generated from NIL opportunities will have federal, state and local tax implications. Le Moyne Athletics strongly recommends that student-athletes engage a tax professional to explore the implications of any NIL income in advance of entering into any NIL related agreement.

11. FINANCIAL AID 
Student-athletes should be aware that receiving compensation for NIL opportunities could have an impact on their financial aid, especially for those receiving Pell Grants. Student-athletes are encouraged to consult with Le Moyne College's Office of Financial Aid to fully understand these potential impacts.

12. INTERNATIONAL STUDENT-ATHLETES
International student-athletes should discuss how receiving compensation may impact their VISA status with the Le Moyne College Office of Inclusive Excellence & Global Education Services and the Le Moyne College Office of NCAA Compliance prior to engaging in NIL opportunities.

13. ANNUAL CONSENT
Annual consent shall be obtained by Athletics Department for use of a student-athlete's NIL to promote activities incidental to the individual's participation in intercollegiate athletics for Le Moyne College and its institutional sponsors.

14. POLICY REVISIONS
This policy is subject to change based on the impact of state, federal, college, NE10 Conference and NCAA policies, legislations and interpretations as this initiative evolves. Any changes to this policy will be communicated directly with our student-athletes via the ARMS Software.