Pursuant to the NCAA guidelines and applicable state laws, intercollegiate student-athletes are now permitted to seek payment for the commercial use of their Name, Image and Likeness (NIL) to engage in endorsements, social media influencing, personal appearances, and additional marketing opportunities, without impacting their NCAA eligibility. Grand Canyon University (GCU or University) supports these changes and views this as a positive development for intercollegiate athletes, and supports GCU’s student-athletes in their endeavors to use their NIL rights to enhance their brand and pursue available money making opportunities. Accordingly, GCU has enacted this policy to set forth the guidelines and requirements for student-athletes in their pursuit of their NIL publicity and compensation.
Policy
There are many ways for student-athletes to capitalize on their NIL, such as starting a business (athletic or non-athletic related), making public appearances or other publicity engagements, or using social media platforms to promote products, gain commercial sponsors, or post personal appearances. However, there are still restrictions imposed on NIL activity by the NCAA, the Western Athletic Conference, state law, and/or GCU. Student-athletes choosing to engage in NIL activities are responsible for ensuring compliance with all conference and NCAA policies, state and federal regulations. This Policy may be amended as necessary to comport with applicable law or NCAA guidance. GCU expects all GCU student-athletes to conduct NIL activities in an ethical manner while upholding moral standards in accordance with GCU’s mission and adhere to all GCU community standards and University policies.
NIL Activity Summary
As an overview, all NIL activities for compensation must meet the following:
Compensation for NIL activity must not exceed the fair market value for the work or service provided;
All NIL opportunities must align with GCU Community Standards (University Policy Handbook), including but not limited demonstrating civility, respect and nondiscrimination. Violations of community standards while engaged in NIL activities may be subject to sanctions for conduct violations.
NIL compensation earned by a student-athlete consistent with this policy will not affect the student-athlete’s grant-in-aid or athletics eligibility. Grant-in-aid awarded by the University to a student-athlete shall not be considered compensation.
Any NIL agreements must be memorialized in writing and provided to GCU pursuant to a mandatory disclosure requirement prior to the execution of the agreement or any compensation being provided to a GCU student-athlete.
All international student-athletes should consult with the GCU International Student Office or an immigration attorney before entering into an NIL compensation agreement to understand potential immigration issues.
When in doubt about any NIL activity, please ask a representative in your GCU Athletics Compliance Office.
Impermissible NIL Activities
The following NIL activities are prohibited:
Compensation for athletic participation or achievement (“pay to play”). Athletic performance may enhance a student-athlete’s NIL value, but athletic ability, specific athletic performance or achievement or attendance at the College may not be the “consideration” for NIL compensation. For example, a GCU student athlete may not be compensated for scoring a certain of points in a game or a certain numbers of goals in a game or season or for agreeing to attend GCU.
Compensation without consideration (e.g., payment for work not performed).
Compensation contingent upon enrollment at a particular school (improper recruiting inducements) or remaining at a particular school.
Compensation for the endorsement or promotion of products or services that do not align with GCU Community Standards, including but not limited to: gambling, sports betting, controlled substances, cannabis, tobacco or alcohol company, alternative or electronic nicotine product or delivery system, performance-enhancing supplements, weapons of any kind, adult entertainment of any type, or any brand that is reasonably considered to be inconsistent with the values or mission of GCU.
NIL opportunities that do not align with current NCAA guidelines surrounding sports wagering and banned substances.
Entering into an NIL agreement that violates University Intellectual Property rights (using GCU’s name, logo or other marks without prior written approval).
Entering into an NIL agreement that conflicts with any current University contracts or agreements (including, but not limited to vendors, sponsors, or partners).
Engaging in NIL opportunities that conflict with academic, program, or team related activities, including but not limited to practice, competition, academic classes, or community service events.
NIL Compensation Agreement Approval Process
Disclosure of NIL opportunity
The first step in conducting NIL activity is to disclose the potential NIL engagement to the Office of Athletics Compliance, via Front Rush, at least five (5) business days prior to the performance of the activity or the effective date of the NIL agreement. If the opportunity is specific to student-athlete employment, please complete the Student-Athlete Employment Form via Front Rush login.
Disclosure must include the name of any professional service provider involved in the opportunity (agent, attorney, etc.)
DO NOT agree to an NIL opportunity prior to submission of the disclosure form and review by GCU.
Failure to disclose or participating in an impermissible NIL activity may result in removal from an athletics team and/or cancellation of athletics aid.
Use of University Name, Logo, Marks or Facilities
Student-athletes may use images that include official GCU marks, including athletic uniforms or other GCU-issued branded apparel as part of NIL activities, provided they have received prior written approval from the GCU Licensing Department, which approval can be denied at the discretion of GCU.
To request approval, please include the relevant information in the GCU NIL Disclosure Form.
The use of University facilities or property for NIL activities requires prior written approval from the Office of University Communications and Event Services. Authorized use may necessitate additional requirements, including facility use agreement, proof of insurance, and/or applicable rental fees. Commercial film or photography may have additional requirements.
NIL Compensation Agreements
The following are requirements for any contract for compensation for the use of GCU student-athlete NIL:
The agreement must be a valid and enforceable contract between the parties with the material terms as set forth in the Disclosure Form. t.
The agreement must be approved by GCU prior to the effective date or the performance of any obligations under the agreement. .
The term of the agreement cannot extend beyond the eligibility period for participation of the student-athlete on any GCU University Athletics team.
Student-athletes are encouraged to have any agreements reviewed by independent legal counsel with experience in sports law and sports marketing. A list of qualified attorneys will be provided as requested.
Use of Talent Agents/Attorneys
Student-athletes may use a talent agent or secure other external marketing assistance, as disclosed in the NIL Disclosure Form, with the following limitations:
Student-athletes may not hire a sports agent specifically related to the student-athlete’s athletic performance or competitive opportunities.
Student-athletes may secure representation (athlete agent or lawyer), only for NIL and not for future professional athletic contract negotiations.
Any agent used for NIL purposes shall be in good standing with appropriate regulatory bodies and comply with the federal Sports Agent Responsibility and Trust Act; any attorney used for NIL purposes must be a member in good standing of the Arizona Bar.
The term of a contract for representation or compensation for the use of student-athlete NIL cannot extend beyond participation on a GCU University Athletics team.
Other Implications of NIL Compensation Activities
Financial Aid and Taxes
Eligibility for Pell Grant and all other forms of need-based financial aid could be impacted by receipt of NIL compensation. Questions should be directed to the GCU Office of Financial Aid.
NIL activities may have personal tax implications. These obligations are dependent upon individual circumstances and each student-athlete should consult with a tax professional.