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Name, Image and Likeness - NIL

 NIL

PURPOSE
Lehman College is committed to supporting and educating student-athletes in pursuit of Name, Image and Likeness (NIL) opportunities in compliance with Lehman, NCAA, CUNYAC policies and New York State, and/or federal laws. The purpose of this policy is to inform student-athletes as well as other stakeholders (faculty, staff, students, alumni, and community members) of behavioral expectations and to provide information and resources on NIL.

WHAT IS NAME, IMAGE, AND LIKENESS (NIL)?
NCAA college athletes may now benefit from their name, image, and likeness. NCAA student-athletes may engage in and earn compensation for their name, image and likeness for commercial or promotional purposes as part of their "right to publicity."

WHO MUST FOLLOW THIS POLICY?
The Lehman NIL policy applies to all student-athletes participating in intercollegiate athletic programs at Lehman College. The Athletics Department has established clear expectations surrounding a student-athlete's involvement in permissible NIL activities. Furthermore, these NIL guidelines apply to prospective high school and transfer student-athletes who may attend Lehman College in the future.

WHAT ARE NIL ACTIVITIES?
NIL activities include any situation where a student-athlete's name, image, likeness or appearance is used commercially or promotionally by an entity outside of the institution. Compensation for NIL activities must be within fair market value and may not be provided in exchange for athletic performance or attendance at Lehman College.

NCAA NIL POLICY:
The NCAA's interim policy, which was passed in June 2021, has four main parts:

  • Individuals can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities may be a resource for state law questions.
  • College athletes who attend a school in a state without an NIL law can engage in this type of activity without violating NCAA rules related to name, image and likeness.
  • Individuals can use a professional services provider for NIL activities.
Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.
For more information and the NCAA's full policy, click here.

 Guidelines for Lehman College Student-Athletes:
Under New York law and in accordance with NCAA rules, the following name, image and likeness requirements are applicable to Lehman College student-athletes:
  • Compensation may not be earned based on athletic performance or achievement.  
  • Compensation earned for NIL activity must be commensurate with fair market value.
  • NIL compensation opportunities may not be performed when engaged in official team activities, on or off-campus (e.g., athletically related and academic activities). This includes, but is not limited to: games, meets, practices, meetings, media activities, team travel, community service, and fundraising events.
  • Compensation may not be arranged or provided by Lehman College employees.
  • Lehman College may prohibit NIL for compensation if such opportunity conflicts with existing institutional sponsorship agreement or contract or goes against the values of the institution, including but not limited to; alcohol, vape, weapons, sports wagering, and/or tobacco products, adult entertainment, and NCAA banned substances. 
  • Use of Lehman Athletics or College registered trademarks, products protected by copyright, or official logos or marks, is prohibited without the express written permission from the University Vice President for Marketing and Communications.
  • Student-athletes may choose to secure representation (agent or lawyer) ONLY for Name, Image, Likeness and NOT for the purpose of conducting future professional athletic contract negotiations. NIL agents, if utilized, must be compensated with their regular rate. Failure to compensate at regular rate will jeopardize intercollegiate eligibility. Student-athletes may not hire an agent to represent them directly or indirectly for the purpose of marketing athletics ability or reputation.
  • Student-athletes may be compensated for NIL by Lehman College boosters, provided the activity is in accordance with College, state, and federal law and is not an impermissible inducement, and it does not constitute pay-for-play. 
  • Use of College or athletic department facilities for NIL activities is prohibited without the express written permission from the College and/or athletics department. Student-athletes shall not conduct promote NIL at team games, practices, open gyms, or other team-relates activities.  
  • International student-athletes may face additional NIL limitations due to visa requirements where employment is prohibited. It is recommended that international student-athletes seek guidance from the Lehman Athletics administrators to prevent any potential immigration issues.
  • Grant or need-based financial aid could be impacted based on compensation from NIL. Those questions should be directed to the office of Financial Aid.
  • Student-athletes sacrifice Lehman Athletics-branded NIL opportunities upon: graduation, departure from team, and academic, disciplinary, or other ineligibility. The department and/or College reserve the right to restrict or remove athletically-branded NIL activity.
  • Department approval for branded NIL contingent on submission of compliance material and student addition to official roster. Only students on team rosters should pursue NIL opportunities.  
STEPS to Obtain NIL

1) Complete all department compliance material, be in good academic standing, and a rostered team member
2) Review CUNY NIL Policy (PDF) and complete CUNY NIL Reporting Form (PDF) outlining specific activity and email to: OGC@cuny.edu
3) OGC confirms consent to student and Athletics department based on CUNY NIL Reporting Form   
4) Student may apply to OGC-approved activity and begin when approved

MANDATORY DISCLOSURE
Student-athletes must disclose all compensated NIL activities within 14 days of the activity occurring to Lehman Athletics compliance at Georgia.Efthalitsides@lehman.cuny.edu.

Required information includes, but is not limited to the compensating third-party, business category of the third-party, individuals and businesses connected to the activity, type of compensation, and all verbal or written NIL agreements.
Failure to disclose NIL activities may jeopardize NCAA eligibility for practice and/or competition.
  
CONSEQUENCES FOR NON-COMPLIANCE  
Violations of the policy may result in a student-athlete and/or others facing appropriate disciplinary measures in accordance with this policy state law, federal law, other applicable College policies, procedures and/or codes of conduct. Consequences for student-athletes found in violation may include NCAA sanctions up to and including permanent ineligibility to participate in collegiate athletics.

OTHER NIL RESOURCES
For more information about NIL: