Name, Image and Likeness Policy

This procedure is subject to modification as changes to the state law, federal law, and CCCAA legislation are made.

In conjuction wit the California Community College Athletic Association (CCCAA) policy and California law, MiraCosta College and the Department of Athletics have developed specific policies to address name, image, and likeness (NIL) activities of student-athletes.

NIL Defined

A name, image, and likeness activity includes any situation in which a student-athlete's name, image, likeness, or personal appearance is used for promotional purposes by a non-institutional entity, including the individual student-athlete, a commercial entity, or a non-institutional nonprofit or charitable entity.  While such activities may provide compensation for a student-athlete, those activities that do now provide compensation are also covered under this policy.

Prospective Student-Athlete: The District will not provide a prospective student-athlete with compensation in relation to the athlete's name, image, likeness or athletic reputation.

Student-Athlete: The District will not prevent a student participating in intercollegiate athletics from either earning compensation as a result of the use of student-athlete's name, image, likeness, or athletic reputation or from obtaining professional representation by duly licensed athletic agents or attorneys.

NIL Compensation

Subject to the California law, the CCCAA constitution (see bylaw 1.1.6) and MiraCosta College (MCC) athletic department policy, student-athletes may use their NIL in a variety of ways that may include but is not limited to, promoting their own business, promoting or endorsing a corporate entity, conducting camps, lessons, or clinics, making appearances, or signing autographs.

Student-athletes may receive compensation, either in kind or monetarily, for engaging in NIL activities, subject to the CCCAA and the MCC athletics policy.

Student-athletes are prohibited from receiving compensation, either in kind or monetarily, for engaging in the following NIL activities.

       a. Compensation in exchange for athletic participation, performance or awards at MiraCosta College

       b. Compensation in exchange for student-athlete's decision to attend MiraCosta College

       c. Compensation for work not performed

Student-athletes (SA's) are prohibited from participating in NIL activities when engaged in official team activities (e.g., practice, competition, media obligations, team travel, promotional activities, etc.)

SA's should not miss class or other academic obligation (i.e., tutors) for NIL activities.

Participating in NIL activities may impact a SA's ability to receive grant sums from outside sources (e.g., Pell Grant.) The SA should discuss these implications with the institutional financial aid staff member or a Professional Service Provider.

International student-athletes should not enter into any NIL agreements without the guidance from MiraCosta's International Office against potential immigration laws.

Institutional Disclosure Requirements

SA's are required to disclose contract information for all parties involved in the use of their name, image, and likeness, as well as any involved professional service providers.  The SA must also disclose compensation arrangements and the details of their relationship with the involved parties.  SA's must disclose the proposed name, image, and likeness activities to the institution at least fourteen (14) days prior to committing to said activities.  If arrangements and details of the agreements to promote a commercial product or service are amended, the SA must provide notice within 14 days of the change. If the district determines that a conflict between the SA's contract and the SA's team contract, the athletic director will disclose the conflict to the SA or SA's legal representative, if any, and identify the contractual provisions that conflict.

Any team contract entered into, modified or renewed on or after September 1, 2021 will not prevent a student-athlete from using their name, image, likeness, or athletic reputation for a commercial purpose when the athlete is not engage in official team activities.

The SA must complete the MiraCosta College Athletic Department NIL Activity Form and submit to the athletic director.

Institutional Restrictions

A student-athlete may not enter into an agreement with a third party that conflicts with any existing sponsorships agreements.  If the institution indentifies a conflict between the SA's name, image and likeness activities and an existing sponsorship agreement, the institution shall inform the SA of such a conflict so the SA has the opportunity to negotiate a revision of name, image, and likeness activities with the third party.  That revision is also subject to additional review and approval by the institution.

SA's may not enter into an apparel contract that requires the SA to display a sponsor's apparel, or otherwise advertise for a sponsor, during official team activities if the provision is in conflict with a provision of the SA's institution's team contract.

SA's ma not engage in name, image, and likeness activities while participating in required institutional activities or while representating the institution.

SA's will not be permitted to use colors, logos, or images, including institutional marks, which identify the institution in any name, image, or likeness activities.A SA may only reference their attendance at the institution and participation in athletics in biographical information.  SA's may not use institutional facilities for any name, image, or likeness activities, with the exception of use for teaching lessors or for a camp/clinic, provided the rental agreement is in line with that available to the general public.  While the SA is permitted to engage in name, image and likeness activities on the institution's campus, all activities are subject to applicable University policies and procedures regarding third-partties and commercial ventures.

Prohibited Activities

 SA's must not use their NIL to promote gambling, alcohol products, tobacco products, adult entertainment, substances banned by the CCCAA and/or NCAA, or products or services that are illegal.  Information about NCAA banned substances can be found here. Further, SA's are prohibted from using any institutional, conference, CCCAA or NCAA marks in any name, image or likeness activity.

Agents

SA's may enter into agreements with professional service providers, including agents.  Agent agreements must be for name, image and likeness activities only and must include details regarding the scope of presentation & compensation.  Agent compensation must be made at an established rate.  Such agreements must be filed with the MiraCosta athletic department (specifically sent to the current athletic director.)  SA's may not engage with any individual for the purpose of marketing the individual's athletics ability for financial gain or seeks to obtain any type of financial gain or benefit from securing a prospective SA's enrollment at an educational institution or from a SA's potential earnings as a professional athlete.

Institutional Involvment

Neither the institution nore an institutional staff member (including volunteers) may be involved in the development, operation or promotion of any SA's name, image, and likeness activities.  Further, institutional staff members may not enter into agreements with, or benefit from, a SA's name, image, or likeness activities.

Financial Aid and Tax Implications

SA's should be aware that receiving compensation for NIL activities could have an impact on their financial aid, especially for those receiving Pell Grants.  SA's are encouraged to consult with the MiraCosta College Financial Aid Department to fully understand these potential impacts.  Additionally, student-athletes should be aware that receiving compensation for NIL activities could have tax implications. SA's are encouraged to discuss these issues with their tax advisor.

Exceptions

MiraCosta College, at any time, may authorize variances from, or exceptions to, this NIL Policy that are consistent with MiraCosta College's commitment to compliance with the federal law, state law, and conference or CCCAA rules.

 

Next Steps for Student-Athletes Pursuing Compensation for a NIL Activity

  1. Report the actvityby completing the MCC NIL Activity Form and submitting to the athletic director 14 days before finalizing the agreement. Include any and all conracts and agreement forms.
  2. If you are signing with an agent, send that contract/agreement to the athletic director.
  3. If you sign with an agent, be sure that the contract is only for NIL activities and note for any athletic endeavors.  If the contract includes anything other than NIL activities, it may impact your eligibility at MCC and your future university.
  4. Direct any further questions ao the athletic director.

 

NIL Activity Form