Duquesne University Athletics

(Complete NCAA Interim Policy)

The NCAA has adopted a uniform, interim policy permitting student-athletes the opportunity to benefit from their name, image and likeness. Until such time that either federal legislation or new NCAA rules are adopted, member institutions and their student-athletes are required to adhere to those NCAA bylaws which remain unchanged as well as any state NIL laws or executive actions or university policies.

On June 30, 2021, the Commonwealth of Pennsylvania enacted NIL legislation as part of PA House Bill 381, a summary of which can be found below. Please note: the legislation requires any student-athlete entering into a contract that provides compensation to disclose the contract at least seven (7) days prior to the execution of the contract to an official of the university. 

As Duquesne University and athletics finalizes an institutional NIL policy and monitoring procedures, student-athletes, staff members or other third-party individuals should consult with the Duquesne Athletics Compliance Office before engaging in NIL activities or contracts.

Compliance Office Contact Information Rick Christensen Associate Athletic Director, Administration & Compliance E: christensen@duq.edu P: 412-396-4917

Scott Barlek Assistant Director, Compliance E: barleks@duq.edu P: 412-396-4917

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DUQUESNE UNIVERSITY
ATHLETICS POLICY ON STUDENT-ATHLETE NAME, IMAGE AND LIKENESS
(Complete Athletics NIL Policy)

SCOPE
This Policy applies to all intercollegiate student-athletes at Duquesne University.

PURPOSE
Under Pennsylvania law, student-athletes are permitted to use their NIL or personal appearance to promote or endorse a product, service, or Entity, consistent with certain corresponding obligations.  Accordingly, the purpose of this Policy is to set forth student-athlete rights and responsibilities related to the use of their name, image, or likeness. 

I. POLICY
Duquesne Student-Athletes may receive compensation, commensurate with fair market value, for the use their NIL or personal appearance to promote or endorse a product, service, or Entity, consistent with the requirements described in this Policy.  Such compensation will not be provided in exchange, in whole or in part, for a current or prospective student-athlete to attend, participate, or perform at Duquesne.  Duquesne Student-Athletes are further expected to comply with all other institutional, NCAA, and Atlantic-10/Northeast Conference regulations when engaging in NIL activities.  NCAA Bylaws, including prohibitions regarding pay-for-play and improper recruiting inducements, continue to apply to Duquesne Student-Athletes.

II. DEFINITIONS
For the purposes of this Policy, the following definitions apply:

1. Duquesne Student-Athlete(s): An individual/individuals who are enrolled at Duquesne who participate in intercollegiate athletics for Duquesne.
2. Duquesne Athletics Marks: Includes the registered and unregistered trademarks, copyrights, service marks, designs, logos, mascots, seals, names and other symbols related to, associated with, or referring to Duquesne Athletics.
3. Duquesne Gear:  Includes all parts of any Duquesne team uniform as well as all items of apparel and footwear on which any Duquesne Athletics Marks are displayed.
4. Entity: For the purposes of this Policy, Entity means any individual, brand, company, or organization, whether for-profit, non-profit, or charity, that is not Duquesne University.
5. NIL: The name, image, or likeness of an individual.
6. NIL Activity/Activities: An activity or activities in which a Duquesne Student-Athlete uses their NIL or personal appearance to promote or endorse a product, service, or Entity.

III. RULES & INFORMATION REGARDING NIL ACTIVITIES

1. Scholarships
   1. Earning compensation from NIL Activities shall not affect a Duquesne Student-Athlete’s scholarship eligibility, duration, or renewal.
   2. An athletics grant-in-aid or stipend scholarship from Duquesne shall not be considered to limit a Duquesne Student-Athlete’s right to use their NIL in NIL Activities, except as expressly set forth in this Policy. 
   3. An athletics grant-in-aid or stipend scholarship will not be revoked or reduced by Duquesne as a result of a Duquesne Student-Athlete earning compensation as described in this Policy, unless otherwise mandated by federal or state student aid guidelines.
2. Recruitment
   1. Duquesne will not arrange third-party compensation for Duquesne Student-Athletes for the use of their NIL in NIL Activities or use a similar type of arrangement as an inducement to recruit.
3. University’s Role
   1. Duquesne, including its employees, contractors, representatives, and agents, will educate Duquesne Student-Athletes on topics related to NIL and NIL Activities, including rules, best practices, how to engage in NIL Activities, and building a personal brand.
   2. Although Duquesne may from time to time identify and/or facilitate opportunities for Duquesne Student-Athletes to earn compensation for the use of their NIL in NIL Activities, Duquesne will not negotiate or advocate on behalf of a Duquesne Student-Athlete related to the use of a Duquesne Student-Athlete’s NIL. 
   3. Duquesne may, in its sole discretion, permit Duquesne Student-Athletes access to use institutional facilities for NIL Activities.  Requests must be made to the Athletics Compliance office in writing no later than seven (7) business days prior to desired use, and if permission is granted, Duquesne Student-Athletes and any third party connected with or participating in the NIL Activity must comply with all Duquesne rules and requirements related to facility use, including University filming guidelines. 
4. Withholdings, Tax, and/or Other Obligations
   1. Duquesne Student-Athletes are responsible for any tax, withholding, reporting, licenses, permissions, permits, expenses, fees and any other obligations, liabilities or costs associated with NIL Activities.
5. International Student-Athletes
   1. International Duquesne Student-Athletes may be limited in their ability to receive compensation for the use of their NIL by the terms of their visa or other immigration status, and are encouraged to contact the Center for Global Engagement for additional information.
6. Conflict of Commitment
   1. Duquesne Student-Athletes may not miss class or other mandatory academic requirements or required team activities to engage in NIL Activities.

IV. PROFESSIONAL REPRESENTATIONS

1. No Interference
   1. Duquesne will not interfere with or prevent a Duquesne Student-Athlete from fully participating in Duquesne intercollegiate athletics for obtaining professional representation provided by Athlete Agents, financial advisors, or legal representation in relation to the Duquesne Student-Athlete’s use of their NIL rights.
2. Qualifications
   1. Pennsylvania law requires that professional representation obtained by a Duquesne Student-Athlete shall be from a person:
      1. Acting as an Athlete Agent in accordance with the Commonwealth of Pennsylvania’s Athlete Agent registration requirements;
      2. Acting as a financial advisor in accordance with the laws of the Commonwealth of Pennsylvania; or 
      3. Admitted to practice law by a court of record of the Commonwealth of Pennsylvania.

 
V. PROHIBITIONS

1. Duquesne Student-Athletes are prohibited from earning compensation as a result of the use of their NIL in connection with a person, company, or organization related to or associated with the development, production, distribution, wholesaling or retailing of any of the following:
   1. Adult entertainment products and services,
   2. Alcohol products, 
   3. Casinos and gambling, including sports better, the lottery, and betting in connection with video games, online games, and mobile devices;
   4. Tobacco and electronic smoking products and devices; 
   5. Prescription pharmaceuticals; and
   6. A controlled dangerous substance. 
2. Duquesne Student-Athletes are prohibited from engaging in any NIL Activity that conflicts with Duquesne sponsorship arrangements in existence at the time the Duquesne Student-Athlete discloses the proposed NIL Activity as described in this Policy.
3. Duquesne is a private, Catholic institution founded in the Spiritan tradition.  Duquesne Student-Athletes are prohibited from engaging in any NIL Activities that conflict with the University’s mission and institutional values. 

VI. DISCLOSURE

1. Any Duquesne Student-Athlete who proposes to enter into a written or oral contract providing compensation for the use of their NIL shall disclose the contract to the Athletics Compliance office at least seven (7) days prior to signing and/or executing the contract.  The disclosure must be made using the Disclosure Form available from the Athletics Compliance Office.

VII. USE OF DUQUESNE ATHLETICS MARK AND DUQUESNE GEAR
(Complete Co-Branding Policy)

1. Advance Approval Required for NIL Activities
   1. Student-Athletes at Duquesne may state that they play “[insert name of sport] at (Duquesne University)” or that they are “a member of the [insert name of sport] at (Duquesne University)” to identify themselves in connection with NIL Activity.  However, no Duquesne Student-Athlete may use a Duquesne Mark or Duquesne Gear in NIL Activities without the advance written approval of Duquesne.  Duquesne is not required to approve of the use of Duquesne Athletics Marks and/or Duquesne Gear in NIL Activities.  To the extent approval is granted, Duquesne Student-Athletes are subject to all Duquesne requirements for use of Duquesne Athletics Marks and Gear, including any required licensing agreements.
2. Personal Use Without Advance Approval
   1. Duquesne Student-Athletes are permitted to make personal use of photos of themselves in uniform or Duquesne gear without the prior written approval of Duquesne, as long as use is not related to sponsoring, endorsing, promoting, identifying, or advertising a product, service, or Entity or to granting a third party the right to use such photo(s) for the purposes of sponsoring, endorsing, promoting, identifying, or advertising a product, service, or Entity.
   2. Duquesne Student-Athletes should ensure they have permission to use any photo that may be owned by a person, organization, or Entity other than Duquesne.

VIII. INSTITUTIONAL PROMOTIONAL ACTIVITIES

1. Duquesne Student-Athletes may be asked to participate in institutional promotional activities such as appearances, autograph signings, digital content creation, photo shoots, and similar activities in accordance with existing NCAA rules, but may not be paid by the University to participate in any such activity.  Duquesne Student-Athletes may opt-out of any such activity by notifying their head coach or University Compliance.

IX.POLICY VIOLATION DETERMINATION

1. The Athletics Compliance Office, in consultation with the Athletics Director and the University’s Office of Legal Affairs, will determine whether a Duquesne Student-Athlete has violated this Policy. 
2. Duquesne Student-Athletes who violate this Policy are subject to the sanctions outlined in the Student Handbook, and may additionally be subject to Athletics consequences up to and including cancellation of Athletics financial aid, if they are deemed ineligible.
3. Violations of this Policy and/or NCAA rules may also subject the Duquesne Student-Athlete to NCAA sanctions up to and including permanent ineligibility to participate in intercollegiate athletics.
4. If a Duquesne Student-Athlete has been found responsible for violating this Policy, the Student-Athlete may appeal this finding consistent with the Athletics Department appeal process.  

 

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INTERNATIONAL STUDENTS
International student-athletes need to discuss how receiving compensation may impact their VISA status with the Compliance Office prior to engaging in NIL activities.