Intercollegiate Student Athlete Compensation And Rights: 5.19

ADMINISTRATIVE PROCEDURES

Title: INTERCOLLEGIATE STUDENT ATHLETE COMPENSATION AND RIGHTS Identification: 5.19
Effective Date: 07/20/21
Authority:
SBE 6A-14.0582, FAC
FS 1001.64; 1001.65; 1006.74
Signature/Approval: Dr. Ken Atwater

PURPOSE

The purpose is to outline the process for student athletes to follow to earn compensation for name, image or likeness (NIL) and the process to follow at Hillsborough College (HC) for approval.

PROCEDURE

HC student athletes may earn compensation for use of their NIL provided by a third party not affiliated with HC. Compensation cannot be in exchange for a student athlete’s performance on attendance at HC and cannot extend beyond the student’s participation in an HC Athletic Program.

  1. DEFINITIONS
    1. Affiliate—A member or employee of HC, the HC Board of Trustees, the HC Foundation, Booster Club, HC volunteer or any individual/organization affiliated with HC.
    2. Student Athlete—A student who participates in an HC intercollegiate athletic program and is listed on an active roster by an HC Head Coach.
    3. Athletic Program—An HC intercollegiate athletic program.
  2. COMPENSATION GUIDELINES
    1. Prior to entering into an agreement for compensation for NIL, the student athlete is required to notify the HC Athletic Director.
    2. Only a third party not affiliated with HC may provide compensation to a student athlete for NIL.
    3. Earning compensation for NIL does not affect a student athlete’s eligibility or grant-in-aid. A grant-in-aid or scholarship including cost of attendance awarded to a student athlete by HC is not compensation for purposes of this procedure and may not be revoked or reduced as a result of a student athlete earning compensation for NIL.
    4. No affiliate, which includes HC employees, officers, members of the HC Foundation or HC Board of Trustees, HC volunteers, Booster Club members, is permitted to direct to a current or prospective HC student athlete any compensation for their NIL from a third party.
    5. An agreement for compensation for NIL for a minor under 18 years of age must be prior approved in accordance with Sections 743.08 and 743.09, Florida Statutes.
    6. A student athlete is not permitted to use HC logos or HC copyright or protected names and/or trademarks for any purpose without prior written approval by HC Athletic Director in conjunction with HC Marketing Department’s written approval.
    7. Student athletes may obtain professional representation by either an athletic agent (licensed pursuant to Chapter 468, Florida Statutes) or an attorney (in good standing by the Florida Bar Association) to secure compensation for NIL.
    8. The agreement for compensation for NIL cannot conflict with the term of a student athlete’s team agreement. Further, the duration of an agreement for representing a student athlete or for compensation for NIL cannot extend beyond the time the student athlete participates in an athletic program at a post-secondary institution.
    9. Student athletes are discouraged from entering into agreements in areas involving banned substances, sports wagering/gambling, athletic recruiting and alcohol.
    10. A student athlete who does not notify the Athletic Director prior to entering into agreements for compensation for NIL may face disciplinary actions.
    11. Some examples of compensation for NIL:
      • Social media endorsements
      • Sales of products with NIL
      • Advertising or promoting a business
      • Autographs or photos
      • Personal appearances
  3. HC RESPONSIBILITIES
    1. The HC Athletic Director will ensure that all incoming student athletes are notified in writing of their rights to pursue compensation for use of NIL as part of recruiting student athletes and prior to signing letters of intent and agreements, which shall outline the requirements specified by Section 1006.74, Florida Statutes. This information will also be posted on the HC website for student athletes.
    2. HC may use a student athlete’s NIL in order to promote HC, the athletic programs, teams,seasons, games and any related activities but the student athlete will receive no compensation.
  4. FINANCIAL LITERACY AND LIFE SKILLS WORKSHOPS—HC will conduct five (5) clock/noncredit hours of financial literacy and life skills workshops at the beginning of a student athlete’s first and third academic years. This training is mandatory for all HC student athletes regardless of whether they are receiving NIL compensation. This 5-hour training may occur at student athlete orientation, with college courses, online workshop modules, workshops or other appropriate means as determined by the Athletic Director.

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