California State University of San Bernardino Athletics

With the adoption of the Name, Image, and Likeness policy and the addition of Section 67456 to the California Education Code, student-athletes may earn compensation from the use of their name, image, or likeness ("NIL"). California State University San Bernardino is committed to allowing student-athletes to decide whether to seek compensation from the use of their NIL or athletic reputation. This policy intends to provide guidance and serve as a resource to student-athletes as they navigate this new opportunity. CSUSB reserves the right to make changes to this policy and will post updates online at this site.

Name, Image, and Likeness Defined

An NIL activity is any activity in which a student-athlete or prospect's NIL or personal appearance is used for promotional purposes by a non-institutional entity, including a commercial entity or a non-institutional non-profit or charitable entity. Examples of how student-athletes may use their NIL for compensation include, but are not limited to:

• Creating and promoting their own business or brand
• Promoting a corporate entity (e.g., brand ambassador, social media influencer)
• Establishing their own sports camp or clinic
• Personal appearances
• Autograph sessions

Non-Permissible Name, Image, and Likeness Activities

Recruiting Inducements
Payment cannot be made to induce a prospect to attend CSUSB.
 
Pay for Play
Compensation may not be provided in exchange for athletic performance or attendance at CSUSB.
 
Beyond Fair Market Value
NIL compensation should not exceed "fair market value," meaning that compensation should be an amount the service or asset would command in the open market. Additionally, payment may not be made when there is no work, service, right, or other value provided by the student-athlete.
 
CSUSB Involvement
Neither Cal State San Bernardino nor its staff, including independent contractors, may be involved in the development, operation, payment, or promotion of a student-athlete's NIL activities on behalf of the student-athlete. Such prohibited activities include, but are not limited to:

• Providing compensation in exchange for the use of a student-athlete's NIL.
• Directly or indirectly identifying or securing NIL opportunities for a student-athlete (e.g., pairing a student-athlete with a company seeking a student-athlete for an advertisement, acting as an agent to negotiate a contract).
• Amplifying a student-athlete's NIL activities for the student-athlete's promotional benefit.

NIL Activities that Conflict with CSUSB Agreements 
A student-athlete may not enter into an agreement regarding an NIL activity if that agreement conflicts with an existing CSUSB agreement (defined as "team contract" under California law) (e.g., athletics department sponsorship agreements).
 
NIL Activities During Official Team Activities
A student-athlete may not engage in an NIL activity during official team activities (e.g., practice, competition, team travel, community service).
 
Activities in Conflict with CSUSB Restrictions or Policies
A student-athlete may not engage in a NIL activity that:

• Includes any CSUSB logos or trademarks without having received prior written approval for use (more information below under Use of CSUSB Name, Logo, and Facilities).
• Is conducted in any CSUSB facilities unless the facilities have been rented in the same manner as made available to the general public.

NIL Activities that Conflict with NCAA rules
Cal State San Bernardino Athletics prohibits student-athletes from engaging in NIL activities that conflict with NCAA rules, such as sports wagering, tobacco, athletic performance-enhancing drugs, and other banned substances.
 

Important Information to Consider

Current NCAA Rules
NCAA rules relating to employment, offers of inducement, and extra benefits still apply. NIL compensation should be on par with the amount the service or asset would command in the open market. If a student-athlete is paid an amount that exceeds "fair market value," this arrangement could violate the NCAA amateurism rules that are still in effect.

NIL Contracts are Solely the Student-Athlete's Responsibility
California State University San Bernardino does not provide legal advice concerning NIL contracts. Contracts or activities that violate NCAA rules or this policy, including all consequences resulting therefrom, are solely the student-athlete's responsibility. CSUSB shall have no liability for a student-athlete's breach of contract, failure to perform, or other liability or detriment arising out of any NIL contract. The student-athlete is responsible for ensuring that any contract complies with all applicable laws, regulations, requirements, policies, etc.
 
Disclosure Requirements

• Student-athletes are encouraged to disclose all agreements related to NIL activities prior to signing, but must disclose all NIL agreements to the CSUSB Compliance Office by submitting the information in CSUSB's third-party software provider, Teamworks/Influencer, within seven days of signing any NIL agreement.
• The purpose of the disclosure is to ensure compliance with NCAA rules and applicable legislation and review whether there are conflicts with existing CSUSB contracts. It is not an approval or advisory process.
• Although California law and this policy require disclosure, CSUSB (including its athletics department and its staff) may not provide legal, financial, or business advice regarding NIL activities. Any statements provided by Cal State San Bernardino should not be construed as legal, financial, or business advice, and student-athletes should seek out private, professional advisors for this information.

Student-athletes who do not disclose an agreement they enter into and student-athletes who enter into agreements that include NIL activities that conflict with NCAA rules may face the potential loss of their status as a student-athlete. 

Potential Financial Implications

• NIL compensation may impact a student-athlete's tax situation. Prior to entering into a NIL agreement, a student-athlete is strongly advised to seek the advice of a tax advisor.
• Athletically-related financial aid shall not be revoked because of earning compensation or obtaining legal representation; however, Pell Grant or need-based financial aid could be impacted based on compensation from NIL or athletic reputation. Questions related to this should be directed to the CSUSB Financial Aid and Scholarships Office.

International Student-Athletes
International student visas may be implicated by participation in NIL activities. For questions related to the impact of income earned from NIL on a student's immigration status, student-athletes should speak to the College of Extended and Global Education and should refer to any Department of Homeland Security guidance on the matter.

Use of Professional Services

• Professional advisors must be licensed in the state of California.
• Athlete agents must comply with the federal Sport Agent Responsibility and Trust Act (15 U.S.C. 7801-7807) which includes prohibiting false promises or providing anything of value to the student athlete or people associated with the student-athlete before entering into the contract.
• Student-athletes should pay the going rate for assistance from a professional advisor.
• Sports agents may not represent a student-athlete in any professional sports or performance-based pursuits.
• During the time that a student-athlete is an amateur, an agent may represent a student-athlete only with the student-athlete's NIL pursuits.
• An agent may only represent a student-athlete's professional sports career once a student-athlete exhausts their eligibility or officially declares for a professional sports draft.
• CSUSB staff, including volunteers and contractors, may not serve as a professional service provider for a student-athlete or participate in the evaluation, recommendation, or selection of professional service providers for a student-athlete.
• CSUSB recommends that student-athletes understand the terms related to the use of a sports agent. An agency's use of a student-athlete's NIL to promote the agency's business should be clearly defined in any signed agreement with a professional service provider.

Use of CSUSB Name, Logo, and Facilities

• CSUSB will not permit student-athletes to receive preferential or lower-than-cost use of CSUSB's name, marks, logos, branding, or facilities for purposes of commercial NIL activity.
• Pursuant to Education Code section 89005.5(a)(2)(B), the written permission of the CSU Board of Trustees is required before any CSU campus name may be used for any commercial purpose. Use of CSUSB's name, marks, logos, branding, or facilities must follow University policies and procedures. To request permission to use of CSUSB's name, marks, logos, or branding, please contact the CSUSB Department of Marketing and Communications.
• To request to utilize CSUSB facilities student-athletes would need to contact CSUSB's Office of Special Events and Guest Services.