Name, Image & Likeness Information

MISSOURI WESTERN
NAME, IMAGE & LIKENESS POLICY

Q & A FOR GOLD COAT MEMBERS

UPDATED LEGISLATION: In effect August 28th, 2023, the amended state law will allow in-state high school athletes to begin profiting from NIL deals, as long as they have signed a letter of intent to attend a public university in Missouri. August 2022, the amended state law will allow the University, its officers, directors, or employees to identify and provide other limited assistance with NIL opportunities such as the following:
  • The state's NIL law now permits members of the University, including coaches, to assist in seeking out third-party NIL deals.
  • Coaches and University officials cannot receive compensation for this work, nor serve as representation to student-athletes nor attend meetings between the student-athletes and the third-party.
SB718 Online

Missouri Western State University NIL Policy

I. Purpose 
The purpose of this Student-Athlete Name, Image and Likeness Activity Policy ("Policy") is to set forth and define the institutional guidelines for Missouri Western State University student-athletes who use their names, images, or likenesses for compensation. 

II. Scope 
For the purpose of this policy, a Name, Image and Likeness Activity ("NIL Activity") is any business activity in which a student-athlete is compensated in any way for the use of the student-athlete's name, image, or likeness. 

III. Policy/Procedures
Missouri Western State University, in conjunction with NCAA policy and applicable Missouri State Law, supports student-athletes receiving compensation for the use of their name, image, and likeness (NIL) from sources outside of the University in accordance with the following guidelines:
Missouri Western student-athletes may participate in NIL Activities for which they receive compensation so long as those activities are permissible under guidelines from the NCAA, University policies, and comply with applicable federal and state law. 
Student-athletes must disclose to the University the details of any NIL Activity seven days prior to the agreement using the Missouri Western State University NIL Reporting form available from the Missouri Western Athletics department. Student-athletes have an ongoing obligation to disclose to the University all NIL Activity.

A STUDENT-ATHLETE SHALL NOT RECEIVE COMPENSATION FOR:
  • Athletics performance or participation;
  • As an inducement for enrollment at the institution;
  • Work not performed and/or pay that is not at fair market value.
UNIVERSITY MARKS & LOGOS
Student-athletes may reference their attendance at Missouri Western State University and/or their participation in athletics while engaging in name, image, likeness activities. However, student-athletes will only be allowed to use University or athletic department related marks and logos, including, but not limited to, all aspects of the uniform and any apparel, photos, or videos containing University marks and logos, with prior written approval of the University.

UNIVERSITY FACILITIES
Student-athletes will only be allowed to use University facilities for non-institutional NIL activities through an executed facility use agreement. Associated rental fees and waiver of liability agreements will be coordinated with the Associate Director of Athletics for Facilities and Operations. 

UNIVERSITY INVOLVEMENT
The University will provide education and guidance to student-athletes in support of their non-institutional NIL activities, but will not develop, operate, negotiate, or promote non-institutional NIL activities for student-athletes. Missouri Western State University employees, including active outside consultants, may not assist student-athletes in the development, operation, or promotion of NIL activities.

PROFESSIONAL SERVICE PROVIDERS/REPRESENTATION
Student-athletes may secure representation (agent or lawyer), ONLY for Name, Image and Likeness and NOT for future professional athletic contract negotiations. A professional service provider representing a student-athlete for purposes of securing compensation for the student-athlete's name, image, likeness must be licensed as required by the State of Missouri.

ATHLETICS DEPARTMENT ACTIVITIES
Student-athletes may not receive compensation for their NIL while participating in MWSU athletics department activities. NIL compensation opportunities will not conflict with academic or athletic department or athletic team activities. Such activities include, but are not limited to team meetings, practice, games, and press conferences.

PROHIBITED CATEGORIES 
Student-athletes may not participate in NIL activities or enter into agreements regarding NIL that: (a) conflict with an existing institutional sponsorship agreement or contract, (b) extend beyond the student-athlete's participation in an athletic program at the University, (c) involve the sale or exchange of awards or any other item received for athletics participation, including, but not limited to, apparel, equipment, shoes, or uniform, (d) involve compensation from the University or University employees, (e) provide compensation for work not performed, or (f) involve businesses, products, or services within specific categories that conflict with the University's values or would in any manner disparage or reflect adversely on the University.
Specific prohibited categories include:
  • Gambling/sports wagering vendors;
  • CBD, beer/wine/spirits, tobacco;
  • Illegal substances or activities;
  • Adult entertainment or sexually explicit materials;
  • Any vendors associated with athletic performance enhancing drugs;
  • Firearms and/or other weapons; and
  • Political purposes and/or causes.
INTERNATIONAL STUDENT-ATHLETES
To protect against any immigration issues, international student-athletes should not enter into any NIL agreements without first discussing with the Missouri Western Center for Global Engagement. 

STUDENT-ATHLETE EDUCATION
Missouri Western State University will provide student athletes with financial literacy, brand building and/or educational workshops focusing on the areas of name, image and likeness.

DISCLOSURE POLICY
A student-athlete shall disclose information and details of all compensated non-institutional NIL activities, including, but not limited to, information related to involved third-party individuals or entities, activities provided, compensation arrangements, and professional service provider details, if applicable. Student-athletes are required to disclose such activities prior to the execution of any NIL agreement to the MWSU athletic department. Student-athletes will be required to submit a completed NIL Disclosure Form to the Associate Director of Athletics for Compliance and Sport Administration.  

NEED-BASED FINANCIAL AID
Missouri Western State University or Missouri Western State University Athletic Department cannot cut grant-in- aids or stipends given to student-athletes based on name, image, and likeness deals. Need-based financial aid could be impacted based on compensation from non-institutional NIL activities. Student-athletes should direct all financial aid questions to the Missouri Western Financial Aid Office.
 
The University reserves the right to adjust these policies at any time based on institutional or NCAA policy changes or changes in applicable laws, rules or regulations. Changes will be communicated through the Missouri Western Athletics Compliance Office. The application of this policy in no way creates an employment relationship between the University and any student-athlete.

MIAA NIL Policy

​​MIAA student-athletes may earn compensation from the use of their name, image  or likeness ("NIL"), subject to their strict compliance with the NCAA Interim NIL  Policy, applicable state and other laws, and applicable institutional NIL policies.  

In addition to applicable laws and policies, student-athletes may not enter into a  contract or other agreement with a third party for NIL compensation if the NIL  activity:

  • includes any MIAA logo or trademark without having received prior written  approval for use;  

  • violates the MIAA Constitution, MIAA Bylaws, or any MIAA policies; or discredits the MIAA or causes harm to its public reputation. 

Furthermore, MIAA student-athletes grant the MIAA permission to use, adapt,  modify, reproduce, distribute, publicly perform, and/or display, in any form now  known or later developed, their name and/or voice, image and/or visual likeness,  identity, appearance, personal academic information (e.g., cumulative GPA or  academic major), and athletic information (i.e., statistics) for conference  promotional activities. Such use may include, but is not limited to: the MIAA  Network, website and social media content, contest programs or other publications,  contest promotional activities, ticket sales, press releases, information provided for  articles and/or stories published by outside media entities, fundraisers, posters,  schedule cards, calendars, charitable or community activities, webcast, streaming,  broadcasts (radio and/or television), and other advertising or promotional materials.  Student-athletes understand and agree that the MIAA is and shall be the exclusive  owner of all right, title, and interests, including copyright, in all materials and  productions related to their name and/or voice, image and/or visual likeness,  identity, appearance, personal academic information, athletic information, and  other promotional activities described or referenced herein. All uses of materials  and productions described herein shall be consistent with state and federal law and  all applicable athletics governing body and conference rules. Student-athletes  further understand and agree that the MIAA does not owe student-athletes  compensation for the acts consented to in this acknowledgement and that the MIAA  is entitled to any royalties, proceeds, or other benefits from the same. 


Name, Image, and Likeness (NIL) Information for Gold Coat Members
As of July 1, 2021, NCAA rules permit student-athletes to promote commercial businesses using their name, image, and likeness (NIL). NIL activities may include, but are not limited to; social media endorsements, commercials, appearances, autograph signings, and other business activities. With this change, Missouri Western student-athletes are able to earn compensation for the use of their NIL for promoting commercial businesses (e.g., A student-athlete can schedule an autograph signing at a local car dealership and be paid an appearance fee and/or charge for autographs).
 
Please note that while the NCAA has provided significant leeway in regard to student-athletes utilizing their NIL, there are other NCAA rules and Missouri State Law (effective August 28, 2021) that impact NIL usage. NCAA rules restricting preferential treatment, extra benefits, recruiting inducements and contact restrictions still apply to boosters. Therefore, the following FAQ has been developed to assist Gold Coat members in understanding the requirements to compensate a Missouri Western student-athlete for NIL activities.
  • Q: What is name, image, and likeness (NIL) and how are the NCAA rules changing?
  • A: NIL refers to a student-athlete earning compensation in exchange for the use her or his name or picture to promote a commercial business. Previously, the NCAA prohibited student-athletes from earning compensation in this manner (ex., a student-athlete could not appear in local car dealership commercial). As of July 1, 2021, the NCAA permits a student-athlete to earn compensation in exchange for participating in NIL activities. NIL activities may include, but are not limited to: social media endorsements, commercials, appearances, autograph signings, and other business activities. Additionally, recently passed Missouri State law protects a student-athlete's right to earn compensation from NIL activities. Importantly, student athletes cannot participate in NIL activities during official team activities.
 
  • Q: Can a Missouri Western Coach or staff member provide me a student-athlete's contact information for NIL purposes? 
  • A: No. Missouri State Law (effective August 28, 2021) prohibits all University employees from compensating or causing compensation to be directed to a student-athlete, a prospective student-athlete, or their family members for NIL activities. While it is permissible for a booster to compensate a student-athlete for NIL activities, University employees may not be involved in arranging NIL activities. Please do not request coaches or staff members provide you with a student athlete's contact information for NIL purposes.
 
  • Q: Can a booster arrange for a student-athlete to promote a business I own or work at? 
  • A: Yes, as long as University staff member is not involved in arranging for the promotion, it is permissible for a booster to contract with a student-athlete for NIL activities. Student-athletes must disclose all NIL activities to the Missouri Western Athletic Compliance Office before they occur, and boosters are also encouraged to disclose NIL agreements reached with student-athletes. 
 
  • Q: Can a booster provide a student-athlete with non-cash compensation (free meal, discount, etc.) for a permissible NIL activity? 
  • A: Yes, in-kind compensation is permissible, provided the student-athlete has completed the promotion and disclosed the agreement to the University. It remains impermissible to provide payment of any kind to a student-athlete for work not performed. 
 
  • Q: Can a booster pay a student-athlete to attend my child's birthday party and sign autographs? 
  • A: Yes, appearances and autograph sessions are permissible NIL activities, provided the student-athlete has disclosed the activity to the University.
 
  • Q: Can a booster provide NIL compensation to a high school recruit so they will attend Missouri Western? 
  • A: No. Any compensation provided as an inducement to attend Missouri Western remains impermissible.
 
  • Q: Are there other restrictions on NIL Activities? 
  • A: Yes. Student-athletes (or the company involved in the promotion) cannot use Missouri Western State University's or athletic department related marks, phrases,  and protected logos, trademarks, including all aspects of team apparel or uniforms, unless those rights have been previously secured through an agreement granting specified rights. Sponsorship information and/or agreements or information and licensing agreements pertaining to retail products can be obtained from the University Marketing and Communications office. Content created by the University (e.g., game photos or video) also cannot be used for commercial purposes without prior approval.