Duquesne University Athletics

NCAA BYLAWS & PENNSYLVANIA LEGISLATION

NCAA BYLAWS
NCAA Bylaws that remain in effect include (1) prohibitions on pay-for-play and (2) receiving improper recruiting inducements. 

PENNSYLVANIA NIL LAW SUMMARY
(Complete PA House Bill 381)

To review the entire PA House Bill 381 please use the link above. Below is a summary of key components of the NIL legislation. 

A "college student-athlete" is defined as: an "individual enrolled at an institution of higher education who participates in intercollegiate athletics. The term does not include any individual whose participation is or was in a college intramural sport, club sport or in a professional sport outside of intercollegiate athletics. 

• Duquesne University and Duquesne Athletics may not:
  • uphold a rule, requirement, standard or limitation that prevents a student-athlete from earning compensation through the use of their NIL Rights.
  • arrange third-party compensation for a student-athlete related to the use of the NIL rights or use of a similar type of arrangement as an inducement to recruit. 

• The NCAA (or similar organization such as conference) may not:
  • prevent a student-athlete from earning compensation through the use of their NIL rights.
  • prevent Duquesne Athletics from fully participating in intercollegiate athletics as a result of a student-athlete's use of their NIL rights to seek compensation.

• Royalty Payments
  • A person or organization that produces a college team jersey, video game(s) or trading card(s) for the purpose of making a profit must make a royalty payment to each student-athlete whose name, image or likeness or other individually identifiable feature is used.

• Professional Representation:
  • The University and the NCAA (or similar organization such as a conference) cannot interfere with or prevent a student-athlete from fully participating in intercollegiate athletes on the basis that the student-athlete has obtained professional representation in relation to contracts or legal matters related to the athlete's use of their NIL rights. (means: acting as an athlete agent in accordance with 5 PA.C.S.33 registration rules; acting as a financial advisor in accordance with the laws of the Commonwealth; or legal representation by someone admitted to practice law in the Commonwealth)
  • The NCAA cannot prevent the University from participating in intercollegiate athletics without penalty in relation to a student-athlete's use of professional representation as discussed above.
  • A person that represents an (any) institution of higher education may not represent a student-athlete.

• Scholarships
  • Earning compensation through the use of NIL rights may not affect a student athlete’s scholarship eligibility, duration, or renewal

• Compensation
  • A student-athlete’s grant in aid or stipend scholarship from Duquesne may not be considered to limit the student athlete’s right to use their NIL rights and a grant in aid or stipend scholarship may not be revoked or reduced as a result of compensation for use of NIL rights, except as otherwise mandated by federal or state student aid guidelines.

• Contracts
  • The University, and the NCAA (or similar org) are not required to identify, create, facilitate, negotiate or enable opportunities for student-athletes to earn compensation for their use of their NIL rights.

• Trademarks
  • PA’s law does not establish or grant a right to a student-athlete to use the name, trademarks, service marks, logos, symbols or any other intellectual property, registered or unregistered, of the University (or an athletic association [NCAA] or conference) in furtherance of the student-athlete’s opportunities to earn compensation for use of their NIL rights.
  • Prior to utilization of any athletic or university branding, marks or references please consult with the Compliance Office. 

• Academic Institution Rights
  • University has the right to establish and enforce any of the following:
    • academic standards, requirements, regulations or obligations for the University’s student athletes;
    • team rules of conduct or other rules of conduct;
    • standards or policies regarding the governance or operation of or participation in University athletics; or
    • disciplinary rules and standards generally applicable to all students at the University.
  • Student-athletes may not earn compensation as a result of the use of the student athlete’s name, image, or likeness, 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:
    • Adult entertainment products and services
    • Alcohol products
    • Casinos and gambling, including sports betting, the lottery, and betting in connection with video games, online games, and mobile devices
    • Tobacco and electronic smoking products and devices
    • Prescription pharmaceuticals
    • Controlled dangerous substances
  • Duquesne University and Athletics may prohibit student-athlete involvement in NIL activities that conflict with existing sponsorship agreements at the time the student-athlete discloses a contract
  • At the University's discretion, we may prohibit a student-athlete involvement in NIL activities based on other considerations such as conflict with institutional values. 

• Policy Creation
  • Duquesne University and Athletics must establish a policy that specifics the NIL activities in which a student-athlete may or may not engage.

• Disclosure
  • Student athletes who propose to enter into contracts providing compensation for use of NIL rights must disclose the contract at least 7 days prior to the execution of the contract to an official of the university.

• Student-Athlete Rights
  • Student-athletes have the right to private civil action against someone violating the state law and all other rights provided to them under the Commonwealth.

---

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.