Clark College Athletics

NAME, IMAGE, AND LIKENESS GUIDELINES
 

NAME, IMAGE, AND LIKENESS GUIDELINES  

OVERVIEW 

The Name, Image, and Likeness Guidelines are intended to provide general guidance and support to student-athletes, coaches, staff, and concerned third parties. This is a working document that will be adapted to meet the reality of the name, image, and likeness landscape as well as to maintain compliance with relevant NCAA, state, and federal legislative standards.   

        a. Exchange of Consideration (Quid Pro Quo) 

All student-athlete name, image, and likeness agreements must include an exchange of consideration between the parties. Agreements that do not require the student-athlete to provide a service or benefit in exchange for payment may be subject to NCAA legislation related to extra benefits.  
Neither Washington state law nor Clark College policy provides, monitors, or enforces a fair market value standard. Provided mutual consideration exists, the value of the consideration is left to the discretion of the involved parties.  

        b. Enrollment Inducements  

Under the NCAA’s Interim NIL Policy, name, image, and likeness agreements are prohibited from including language that expressly or implicitly requires initial or continued enrollment at Clark College.  

        c. Athletic Performance 

Name, image, and likeness agreements may not include conditions or incentives surrounding student-athlete, team, or department-wide athletic performance. While athletic success may contribute to the value of a student-athlete’s name, image, and likeness, it may not serve as a basis for added contractual value or as the sole condition for the offer or extension of an agreement.  
 
 

        a. Ethical Considerations – Institutional Involvement 

Coaches and staff are governed by Washington state ethics law and Clark College ethics policy which prohibits the use of institutional resources to promote and/or support private entities. These restrictions extend to institutional involvement with the commercial ventures of Clark College student-athletes.  
Examples of institutional resources include, but are not limited to: guidance, advice, and counsel related to business decisions (e.g., contract negotiations); departmental equipment (e.g., cameras, software); and departmental services (e.g., graphic design). 
While permissible support is limited under ethics guidelines, the following is a non-exhaustive list of ways in which an institutional employee may support student-athletes in their NIL ventures: 

Washington State Athletics coaches and staff are encouraged to seek guidance from the appropriate institutional ethics authority before providing direct support to a student-athlete’s private commercial venture. 
        
        b. Use of Institutional Facilities  

Student-athlete use of institutional facilities for name, image, and likeness activities must comply with institutional policies and procedures related to facility use. For facility requests, student-athletes should contact the appropriate authority on campus (e.g., Athletics) to determine availability and obtain approval.  
Student-athletes must satisfy the same pre-use requirements as any other potential facility renter including, but not limited to, those requirements associated with conducting athletic camps/clinics on campus (e.g., providing proof of insurance).  
Nominal use of facilities does not require pre-approval but is subject to review for consistency with College mission, values, and policies. Name, image, and likeness activities that include a student-athlete’s endorsement of a product or service shall not be considered nominal and will require written approval prior to facility use. 

        c. Use of Institutional Intellectual Property 

Student-athletes who wish to engage in group or individual use of institutional intellectual property including, but not limited to, marks and logos must comply with the College Trademark and Licensing Office policies and procedures. These policies require pre-approval for commercial use of the institution’s intellectual property and provide the following potential penalties for unauthorized use: 

        d. Use of Institutionally-Provided Equipment, Apparel, Gear, and Other Tangible Benefits 

Student-athletes may not sell, exchange, or assign for value the equipment, apparel, gear, or other tangible benefits (e.g., complimentary admissions to home events) received from Clark College as a direct result of intercollegiate athletics participation. Use of said items in the conduct of name, image, and likeness activities are subject to the Use of Institutional Intellectual Property policy and/or an evaluation of NCAA extra benefit legislation.  
Once a student-athlete completes his/her participation in intercollegiate athletics at Clark College, the restrictions of this policy are lifted pending any Equipment Office return policies.  

        a. Restriction of Name, Image, and Likeness Activities During Team-Related Activities 

Endorsement or promotion of commercial products and services may be restricted during specific times and events (e.g., required athletically related activities) at the discretion of the Athletics Director and/or designee.  

        a. Confidential Information 

During the conduct of name, image, and likeness activities, student-athletes are prohibited from sharing confidential information or any information that, if publicized, would present a competitive disadvantage or violate a teammate or staff member’s expectation of privacy. 
This includes, but is not limited to, student-athlete health information, team disciplinary matters, student-athlete availability for participation, and coaching information (e.g., plays, game strategy). 

        b. Institutional Sponsors 

Student-athletes are prohibited from entering into name, image, and likeness agreements that conflict with the terms of exclusive institutional sponsorships, including those arranged by a third-party vendor (e.g., Adidas) on Clark’s behalf. A list of the exclusive institutional sponsors and relevant terms is available upon request.  
In the alternative, student-athletes are permitted to enter into agreements with existing institutional sponsors.   

        c. Restricted Categories  

Student-athletes are restricted from engaging in name, image, and likeness activities within the following categories: 

        a. Name, Image, and Likeness Activity Disclosure 

Student-athletes are encouraged To use the Clark College Penguins opendorse marketplace to conduct all contractual arrangements to insure proper services, payment and disclosure are done meeting NCAA approved standards.  

INTERNATIONAL ATHLETE - NAME, IMAGE, AND LIKENESS GUIDELINES


 

OVERVIEW
 
International athletes are subject to federal laws barring monetization of Name, Image, and Likeness (NIL) while physically located in the United States, in addition to applicable NCAA and Clark College Athletics NIL Policy. Athletes, coaches, staff, and community members must understand that providing any compensation to international athletes, or contracting for their services, can violate federal law and will jeopardize student visa status.
 
International athletes shall not partake in any NIL activity before consulting with an International Office staff Member.

What is an F-1 (Student) Visa?
 
The F-1 Visa (Academic Student) allows individuals to enter the United States as a full-time student at an accredited college, College, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.
 
What type of NIL activity is prohibited while physically in the United States?
 
All employment, or monetization of NIL, while in the United States is prohibited unless the athlete receives prior approval from the Designated School Official (DSO). This includes, but is not limited to, the following activities:

What type of NIL activity is permissible while physically in the United States?
 
            None. All active NIL activity is impermissible while physically located in the United States. ?
 
What type of NIL activity is permissible while physically located in home country?
 
            Clark College Student-Athletes can participate in NIL activities when physically located in their home country under the following conditions:

Can I Contract with an International NIL Agents?
 
Yes. Athletes may enter into a contractual agreement with a marketing agent to pursue NIL opportunities. NIL opportunities must physically occur in host nation. NCAA rules prohibiting athletes from entering into agreements with agents for professional sports representation still apply. Per Washington State Athletics NIL policy all agency relationships must be reported to Clark College Athletics Compliance Department. (verify & cite what makes this permissible)
 
Are there any Exceptions?
 
Yes, under very narrow and limited circumstances.

If you believe your NIL activity fits into one of these narrow and limited exceptions, then contact the DSO. Note: the Alston v. NCAA US Supreme Court Decision permits athletics departments to fund extra-educational benefits that may fall into one of these limited exceptions.