John Brown University supports domestic student-athletes who receive compensation from sources outside the University for the use of their Name, Image and Likeness (NIL). Because NIL is a rapidly evolving area, this policy is subject to ongoing review and revision as circumstances, laws, and regulations change.
INTERNATIONAL STUDENT-ATHLETES
John Brown University does not allow international student-athletes to participate in NIL activities because doing so may have implications for their visa status.
NAIA RULES
The NAIA has been a leader in supporting student-athlete rights related to NIL. In October 2020, the NAIA became the first collegiate athletics association to permit student-athletes to receive compensation for the use of their NIL. This includes promoting commercial products or enterprises and participating in public or media appearances.
Importantly, student-athletes may reference their NAIA affiliation and wear institutional gear during such engagements. This approach reflects the NAIA’s ongoing commitment to empowering student-athletes while maintaining the principles of amateurism.
- Student-athletes may be compensated for appearing in radio or television programming that promotes an amateur athletic event.
- Student-athletes may receive payment for the use of their name, image or likeness, even when referencing their school or athletic status.
REPORTING REQUIREMENTS
IMPORTANT: Student-athletes must notify the Director of Athletics in writing whenever they receive compensation connected to their student-athlete status or their representation of John Brown University. Failure to provide this notification may result in penalties for the student-athlete; however, the institution is typically not held responsible.
The NAIA Handbook states:
A student-athlete receiving compensation for the use of his or her name, image or likeness to promote a commercial product or enterprise, or public or media appearance must report it in writing to his or her athletics director when such promotion includes reference to his or her status as a student-athlete or institution. Failure to do so shall result in an institutional self-report, to be reviewed by the National Coordinating Committee. The committee is empowered to review such violations and apply penalties as necessary, including but not limited to a warning or reprimand to the student-athlete, withholding the student from future competitions, and/or determining the student has lost his or her amateur status.
USE OF JOHN BROWN UNIVERSITY NAMES, MARKS, AND LOGOS
Any promotional material or social media post created for an outside entity that uses the John Brown University name, marks, or logos must be approved in advance by the Director of Athletics or Associate Director of Athletics. This requirement includes wearing clothing featuring John Brown University athletic logos while promoting an outside company, organization, product, or service.
TEAM AND ACADEMIC RESPONSIBILITIES
Student-athletes may not participate in NIL activities during team activities, including competitions, practices, team gatherings, and meetings. NIL activities also may not interfere with a student-athlete’s classes, coursework, or other academic obligations.
PROHIBITED NIL ACTIVITIES
Student-athletes may not use their NIL to promote products, services, organizations, or activities that are inconsistent with the JBU Community Covenant. Examples include:
- Gambling
- Alcohol products
- Tobacco products
- Adult entertainment
- Substances banned by the NAIA
- Illegal products, services, or activities
CONSIDERATIONS BEFORE ENTERING AN NIL AGREEMENT
Before entering into an NIL agreement, student-athletes are encouraged to consider the following:
- Seek legal advice before signing any contract or agreement.
- Be aware that compensation received through NIL activities may have federal and state tax implications.
- As with all social media activity, carefully consider the companies, organizations, products, and services you promote and how those relationships may affect your personal brand. Future employers may ask about deals, posts, promotions, or partnerships in which you have participated.
- When presented with a potential partnership, seek guidance from coaches, friends, family members, professors, athletic department staff, or other trusted advisers who can help you determine whether the opportunity is appropriate for you.
