A Checklist for University Policies Addressing Student-Athlete Name, Image and Likeness (NIL) Issues
On September 13, 2021 by Schnader in Higher EducationKaren Baillie published a client alert, “A Checklist for University Policies Addressing Student-Athlete Name, Image and Likeness (NIL) Issues.”
Also contributing to the alert are W. Drew Kastner, Jordan Mark Kelso, Theresa E. Loscalzo, Matthew S. Tamasco, and Stephenie Wingyuen Yeung.
In the wake of the Supreme Court’s decision in Alston v. NCAA, the National Collegiate Athletic Association (“NCAA”) issued an interim policy announcing that it will no longer enforce its rules prohibiting compensation for use of a student-athlete’s name, image and likeness (“NIL”). Other athletic associations have likewise amended their bylaws to allow student-athletes to profit from the use of their NIL. Additionally, new laws recently enacted by many states, such as Pennsylvania, now require institutions of higher education to publish policies on these issues.
To comply with NCAA rules and state law, universities face a range of somewhat complex considerations in forming and implementing NIL policies and procedures. This client alert explains some of the key issues, in the form of a practical checklist.