NIL - Frequently Asked Questions

2/10/2023 12:00:00 AM

Reference: NCAA Bylaw 12.5
Purpose: New NCAA rules/guidelines permit student-athletes to benefit from the use of their names, images, and likenesses in a manner that is consistent with the NCAA guiding principles. These opportunities fall into two categories: 1) activities related to student-athlete business activities; and 2) promotion/endorsement of products and services. In an effort to prioritize student-athlete well-being, these name, image, and likeness opportunities may occur in a manner that is consistent with the core values, mission, and principles of Western Carolina University ("WCU"). This policy is to provide guidance as to the types of activities and circumstances with which a student-athlete would be prohibited from entering into an agreement.

There are a variety of ways for you to connect with student-athletes directly to discuss NIL opportunities, including through the WCU NIL Exchange on Catamountsports.com, among others.
Any NIL agreement is a partnership between yourself and the student-athlete, and thus you should contact the student-athlete or their personal representative with questions or concerns.
No, so long as your agreement doesn’t violate one of the foundational principles (current and/or prospective student-athletes cannot receive compensation through an NIL agreement in exchange for their commitment to attend a school, to remain at a school, or for their athletic performance).
No – NCAA extra benefit and recruiting inducement rules still apply. Payment for NIL activities must include an action on the SA’s part (e.g., promotion, appearance, autograph, etc.). Otherwise, the payment could be an extra benefit or preferential treatment violation and jeopardize the SA’s eligibility for athletics participation.
No – compensation is not performance-based.
No – NIL is not to be used among the active recruitment process for any NCAA institution.
No – for example, if a student-athlete is at a WCU fan event or at an away-from-home competition, you may not compensate the student-athlete for the student-athlete’s autograph or photo because the student-athlete is engaged in official team activities. In short, if the student-athlete is participating in some activity because WCU Athletics organized it, then it’s an official team activity.
Yes – student-athletes are prohibited from engaging in NIL activities involving a commercial product or service that conflicts with existing NCAA legislation (e.g., sports wagering, banned substances). Student-athletes must not use their NIL to promote casinos or gambling, including sports betting; alcohol products; tobacco and electronic smoking products and devices; cannabis, cannabinoids, cannabidiol, or other derivatives; drug paraphernalia; adult entertainment; weapons, including firearms and ammunition; substances banned by the NCAA; or products or services that are illegal.

Yes, subject to restrictions of WCU NIL Policy, as well as potential federal laws and NCAA rules; however, before you enter into such a contract, you must disclose to WCU Athletics through Athliance or Icon Source any proposed contract for use of your name, image, or likeness.
No – Western Carolina University and its staff members may not arrange for our student-athletes to participate in NIL contracts or activities.
Student-athletes may not use WCU intellectual property (including but not limited to the Cat Head, Paws, and any other WCU trademarks) in connection with NIL activities without prior permission. Student-athletes may request the use of WCU marks by contacting the WCU Athletics Compliance Office.
No – compensation is not performance-based.
No – NIL is not to be used among the active recruitment process for any NCAA institution.
No – for example, if you are at a WCU Athletics-organized fan event or at an away-from-home competition, you may not be compensated for your autograph or photo because you are engaged in official team activities. In short, if you are participating in some activity because WCU Athletics organized it, then it’s an official team activity.
Student-athletes are prohibited from engaging in NIL activities involving a commercial product or service that conflicts with existing NCAA legislation (e.g., sports wagering, banned substances). Student-athletes must not use their NIL to promote casinos or gambling, including sports betting; alcohol products; tobacco and electronic smoking products and devices; cannabis, cannabinoids, cannabidiol, or other derivatives; drug paraphernalia; adult entertainment; weapons, including firearms and ammunition; substances banned by the NCAA; or products or services that are illegal.
Student-athletes cannot engage in NIL activities for a competitor of any existing WCU sponsorship arrangement.
No – NCAA extra benefit and recruiting inducement rules still apply. Payment for NIL activities must include an action on your part (e.g., promotion, appearance, autograph, etc.). Otherwise, the receipt of money could be an extra benefit or preferential treatment violation and jeopardize your eligibility for athletics participation.
Even if you do not have a written contract, you should still report your NIL activity through Athliance. Although most binding contracts are in writing, an oral contract could in some circumstances be legally binding. Additionally, it is important the activity be reviewed by WCU Athletics personnel to ensure there are no other NCAA rules that may affect you.
If your income is not related to a legitimate NIL arrangement and only because of your status as a WCU student-athlete, it is likely an extra benefit and could jeopardize your eligibility.
It is possible depending on how much compensation you receive. You are encouraged to contact WCU Athletics Compliance to be connected with the financial aid office to evaluate potential impact.
No – Western Carolina is not entitled to any revenue generated from a student-athlete’s NIL arrangements.
Yes – any NIL income earned is subject to state and/or federal taxes. WCU Athletics cannot provide specific tax advice to student-athletes, so any tax questions would need to be referred to a tax professional.
International student-athletes should discuss how receiving compensation may impact their VISA status with the Office of Global Engagement prior to engaging in any NIL activities.

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