• Seton Hall University
• Policies and Procedures

Purpose

The purpose of this policy (the “Policy”) is to establish the terms and conditions under which a student-athlete of Seton Hall University (the “University”) may use their own name, image, and/or likeness for commercial purposes.

Scope

This is a University-wide policy.

Definitions

A.     Student-Athlete: A “student-athlete” is either: (i) a student whose enrollment was solicited by a member of the athletic staff or other representative of University’s Department of Athletics and Recreational Services’ (“Athletics”) interests to ultimately participate as a team member in the intercollegiate athletics program at the University; or (ii) a student who participates as a team member of an intercollegiate squad that is under the jurisdiction of Athletics. B.    Name, Image, and Likeness: Name, image, and/or likeness (“NIL”) refers to the student-athlete’s own name, image and likeness—the three elements that make up a “right of publicity.” A student-athlete may exercise that right in order to capitalize on their own name, image or likeness through publicity and endorsements, and be compensated by third-parties. A student-athlete may also exercise such right to prevent the use of their name, image or likeness to promote a product or service C.    Booster: A “booster” is an individual, agency, entity or organization who is known (or who should have been known) by a member of the University’s executive or Athletics administration to have participated in, or to be a member of, an agency or organization promoting the University’s intercollegiate athletics program, or to assist or to have assisted in providing benefits to enrolled student-athletes or their family members. Specifically, a booster is known to: (i) have made any type of financial or in-kind contribution to Athletics or booster organization for Athletics: (ii) have been a University season ticket holder; (iii) have been a member of any organization or agency promoting University athletics; (iv) have assisted or been requested to assist in any manner in the recruitment of prospective University student-athletes; (v) have arranged for or provided benefits to enrolled University student-athletes or their families, or to prospective University student-athletes; or (vi) have otherwise promoted any University athletics program in any manner. D.    Foreign National: A foreign national is anyone who is not a citizen of the United States. E.     F-1: F-1 refers to a student visa, which allows a foreign national to enter the United States as a full-time student at the University. F.    Official Team Activities: “Official Team Activities” refers to all University games, practices, exhibitions, scrimmages, meetings, team appearances, team photograph sessions, sports camps sponsored by the University, travel to and from games/athletic competitions, and such other University intercollegiate team activities, regardless of whether the activity takes place on or off campus including, but not limited to, individual photograph sessions, news media interviews, and any other such activity that is recognized as a countable athletically related activity (“CARA”) by the National Collegiate Athletic Association (“NCAA”). G.    Prohibited Endorsement Category: A “Prohibited Endorsement Category” is any person, company, or organization related to or associated with the development, production, distribution, wholesaling, or retailing of: adult entertainment products and services; alcohol products; casinos and gambling, including sports betting, the lottery, and betting in connection with video games, on-line games, and mobile devices; tobacco and electronic smoking products and devices; prescription pharmaceuticals; a controlled dangerous substance; weapons, including firearms and ammunition; and any such other activity or product contrary to the Catholic mission including. but not limited to, abortion, artificial contraception and divorce. H.    University Contract: A “University Contract” is an agreement entered into by the University which requires that student-athletes wear certain apparel and/or utilize certain equipment, services and/or other goods, while representing the University as member of one of its intercollegiate teams.

Policy

1. Student-Athlete’s NIL Compensation, Rights, and Responsibilities

A. Pursuant to this Policy, student-athletes may earn compensation for the use of their NIL for a commercial purpose, except as otherwise set forth herein. All financial ramifications, including tax ramifications, related to said compensation for NIL are the sole responsibility of the student-athlete.

B. Student-athletes shall not enter into a contract providing compensation for use of the student-athlete’s NIL in connection with a Prohibited Endorsement Category. Any such NIL arrangements shall not contain content related to a Prohibited Endorsement Category or be impermissible under any University policy, procedure or code of conduct. Earning compensation from the use of NIL in connection with a Prohibited Endorsement Category may result in the revocation of the student-athlete’s University scholarship eligibility.

C. Student-athletes shall not enter into a contract that contains any provisions which conflict with any provisions of a University Contract. For the avoidance of doubt, student-athletes are prohibited from participating or promoting NIL arrangements during Official Team Activities University Contracts will not prevent a student-athlete from using the student-athlete’s NIL for a commercial purpose when not engaged in Official Team Activities.

D. Student-athletes may not engage in NIL activities in violation of their responsibilities to their team, Athletics, the University and the governing regulations of the NCAA and applicable conference.

E. Athletics participation for pay, and payment based on performance or given on an incentive basis to student-athletes are prohibited. Accordingly, student-athletes shall not receive or accept compensation, through their NIL or otherwise, based on their athletics performance (i.e., no “pay for play”).

F. An NIL agreement between a student-athlete and a booster or other NIL entity may not be guaranteed or promised contingent on initial or continuing enrollment at the University.

G. Prospective student-athletes shall not receive or accept compensation from any source for their NIL in exchange for enrollment at the University.

H. Student-athletes may obtain professional representation in relation to their NIL contracts or legal matters, including, but not limited to, representation provided by athletic agents or legal representation provided by attorneys. Student-athletes are prohibited from obtaining professional representation (athletic agent or attorney) for future professional athletic contract negotiations not related to their NIL. Legal representation obtained by student-athletes shall be from attorneys licensed by the State of New Jersey. Athletic agents representing student-athletes shall comply with relevant federal law, to wit, the “Sports Agent Responsibility and Trust Act.”

I. Compensation earned by student-athletes from the use of their NIL shall not affect the student-athlete’s University athletic scholarship eligibility, unless earned in connection with a Prohibited Endorsement Category. A University scholarship shall not be considered compensation under this Policy, and an athletic scholarship shall not be revoked as a result of a student-athlete earning compensation or obtaining professional representation in accordance with this Policy.

J. Compensation earned by the student-athlete from the use of their NIL may impact a student-athlete’s eligibility for certain need-based University, state (such as the NJ TAG Grant), or federal financial aid, including the Pell Grant. Questions regarding such impact should be directed to the University’s Office of Financial Aid.

K. Student-athletes are prohibited from utilizing University marks, symbols, designs, trademarks and logos, including the name of the University, or any abbreviation or derivation thereof, and any Athletics’ marks and logos, in relation to their NIL business dealings and arrangements for which they will earn compensation for their NIL, without prior written permission from the University’s Athletic Director or their designee and only if such use is in accordance with University policy, or unless the student-athletes have secured a written agreement for their NIL with an approved University licensee and/or sponsor, either directly or through a third-party with whom the student-athletes have their own written agreement for their NIL.

L. Any use of University facilities, including Athletics’ facilities, in connection with NIL arrangements which would involve third parties entering the University premises (including, but not limited to, members of film crews, production crews and photographers) require review and written approval by the Vice President for University Relations in addition to that of the Athletic Director or their designee. Notwithstanding anything to the contrary, student-athletes are not permitted to utilize the Chapel of the Immaculate Conception, the Immaculate Conception Seminary, St. Andrew’s College Seminary, any oratory or any other space used for prayer or religious worship or celebrations on any of the University campuses in connection with any arrangement for which they will earn compensation for their NIL.

M. Any student-athlete who enters into a contract providing compensation to the student-athlete for their NIL usage shall disclose the contract to the University’s Athletics Compliance Office (the “Athletics Compliance Office”) within forty-eight (48) hours of entering into said contract using the University’s Name, Image, or Likeness Disclosure Form (the “Disclosure Form”), which is available through a third-party platform selected by the University and subject to change. Student-athletes shall use their best efforts to disclose any proposed NIL contract to the Athletics Compliance Office prior to entering into such contracts to facilitate review for compliance with the requirements stated herein. If the NIL contract pertains to a Prohibited Endorsement Category, the University shall disclose to the student-athlete, as well as any professional representation of the student-athlete, the relevant contractual provisions that are in conflict.

N. Student-athletes who are foreign nationals should retain independent legal counsel to discuss any possible immigration-related issues regarding NIL contracts and related compensation. This includes student-athletes present in the United States pursuant to F-1 status. Any foreign student-athlete who decides to enter into a NIL contract does so at their own risk. This provision is subject to change upon the publication of additional guidance from the United States Department of Homeland Security (“DHS”). In addition, foreign student-athletes should notify the University’s Office of International Programs prior to entering into an NIL contract.

O. Student-athletes who fail to remain in good standing at the University, as determined by the University in its sole discretion, are prohibited from utilizing University marks, symbols, designs, trademarks and logos, including the name of the University, or any abbreviation or derivation thereof, and any Athletics marks and logos, in relation to their NIL business dealings and arrangements for which they will earn compensation for their NIL throughout the period of time they fail to remain in good standing.

2. University Rights and Responsibilities

A. The University shall not compensate a current or prospective student-athlete for use of the student-athlete’s name, image, or likeness. In accordance with NCAA guidance, University employees (including coaches) may assist an NIL entity with fundraising through appearances or by providing autographed memorabilia, but cannot donate cash directly to those NIL entities. University employees also cannot be employed by or have an ownership stake in an NIL entity. Moreover, the University can request that donors provide funds to collectives and other NIL entities, so long as the University does not request that those funds be directed to a specific sport or student-athlete.

B. Any University Contract shall allow the University, athletic association, conference, or other group or organization with authority over intercollegiate athletics, to use the student-athlete’s NIL for advertising without additional compensation paid to the student-athlete.

C. The Athletics Compliance Office will review each Disclosure Form within a reasonable period of time. In the event it appears that a conflict may be presented by the student-athlete’s NIL contract, the Athletics Compliance Officer shall disclose the potential conflict to the student-athlete and the student-athlete’s professional representative, if applicable, specifying the contractual provisions that are in conflict.

3. Boosters

Although the NCAA recently changed its rules to permit student-athletes to monetize their name, image, and likeness, including their ability to promote commercial businesses, NCAA rules restricting preferential treatment, extra benefits, recruiting inducements and contact restrictions still apply to boosters. For more information, please visit the NCAA’s webpage (https://www.ncaa.org/) to access the relevant bylaws.

4. Responsive Action

Failure to comply with this Policy and/or the New Jersey Fair Play Act, N.J.S.A. 18A:3B-86, et seq., may jeopardize a student-athlete’s eligibility to participate in intercollegiate athletics at the University and/or elsewhere and may result in responsive or disciplinary action by the NCAA or the University including, but not limited to, a directive that the NIL contract be terminated, revocation of a student-athlete’s eligibility for scholarship, removal from the team and expulsion from the University.

Responsible Offices

• Department of Athletics and Recreational Services
• Office of Financial Aid

Approval

Approved

Initially adopted and approved by President Joseph E. Nyre upon the recommendation of the Executive Cabinet on September 22, 2021.

First amended by President Joseph E. Nyre upon the recommendation of the Executive Cabinet on November 9, 2022.

Effective Date

September 22nd, 2021

First amended: November 9, 2022