Basic Guidance

Name, Image, & Likeness (NIL) Policy

 

Background

 

Ventura College (VC) and it’s Athletic Department embrace and share the enthusiasm for our student athletes with the recent update to Name, Image, & Likeness (NIL) law for the State of California.  In accordance to SB 26, student athletes at Ventura College are permitted to engage in NIL activities as of September 1^st, 2021.  In 2019, the California Legislature passed and the governor approved Senate Bill 206 (SB 206) which permits Student Athletes (SAs) to receive compensation for the use of their NIL.  Ventura College is in full support and the policy drafted below is intended to align with California Law.

 

Purpose

 

In accordance with state statutes and relevant association legislation, SAs may profit from the use of their NIL.  This policy provides guidelines for how the institution will monitor those activities and entities with whom SAs may not engage in business activities. Additionally, this policy outlines restrictions placed on those employed by the institution and defines the types of activities in which employees may engage with SAs. Finally, this policy provides how a student-athlete is to disclose NIL activities in which they plan to participate.

 

Educational Resources

 

Ventura College is committed to providing exceptional educational opportunities, through both traditional and nontraditional platforms, in addition to championship level athletic opportunities for all students participating in intercollegiate athletics.  Ventura College Athletics’ educational programming and support is designed to help SAs reach their highest academic potential, earn a degree from Ventura College or be prepared to transfer to a 4-year institution.

 

With the California Community College Athletic Association (CCCAA) providing guidance to allow SAs to be compensated for their name, image, and likeness (NIL), Ventura College Athletics is committed to allowing SAs to decide whether to seek compensation from the use of their name, image, likeness or athletic reputation. Educational opportunities will be offered to the SAs that include access to the SPRY app which houses NIL education, social media marketing, business education, brand development, personal finance, and entrepreneurship to maximize their opportunity with respect to NIL, while also protecting their athletic eligibility.

 

Ventura College, at any time, may authorize variances from, or exceptions to, this NIL Policy that are consistent with Ventura College’s commitment to compliance with federal law, state law, and conference or CCCAA rules.

 

This policy is subject to modification as changes to state law, federal law, and NCAA legislation are likely to continue in the coming days and months.

CCCAA Guidance

 

The CCCAA has adopted guidance governing SAs activities (the CCCAA Rules).  The CCCAA rules provide the SA is prohibited from (1) receiving pay-for-play (By Law 1.1.6.E.a.i) and (2) receiving an improper recruiting inducement (By Law 1.1.6.E.a.ii).

 

Ventura College Athletics and our student-athletes must follow the CCCAA Rules and this Ventura College Athletics policy; student-athletes, Ventura College Athletics staff, or other third parties should consult with the Ventura College Athletics staff regarding the CCCAA Rules and this policy prior to engaging in NIL activities that involve Ventura College student-athletes. CCCAA legislation relating to employment, offers of inducement and extra benefits still apply.

 

Name, Image, & Likeness (NIL) Activities

 

Subject to the CCCAA rules and this Ventura College Athletics policy, Ventura College student-athletes may use their NIL in a variety of ways that may include, but is not limited to, promoting their own business, promoting or endorsing a corporate entity (e.g., a brand ambassador or social media influencer); conducting camps, lessons or clinics; making appearances; or signing autographs. Ventura College student-athletes may receive compensation, either in-kind or monetarily, for engaging in NIL activities, subject to the CCCAA rules and this Ventura College Athletics policy. Ventura College student-athletes may engage in NIL activities and receive corresponding compensation from Ventura College donors or sponsors so long as the compensation is for the NIL activity, is fair market value and is not a recruiting inducement or an inducement to remain enrolled at Ventura College. Ventura College, its athletic department, staff members, and boosters may not compensate or arrange for compensation to a current or prospective student-athlete for his or her name, image, likeness, or athletic reputation. Additionally, the College (including institutional employees and independent contractors) may not be involved in the development, operation, or promotion of NIL activities on behalf of student-athletes.

 

Disclosure of NIL Activities

 

In the course of their education and participation at Ventura College, student-athletes must disclose any NIL activities to Ventura College Athletics through the NIL Disclosure Form located in the Student Athlete Canvas shell in the NIL module.  Ventura College student-athletes are required to submit their contracts or agreements in the disclosure process within 72 hours (By Law 1.1.6.C). This process is in place to protect the eligibility of Ventura College student-athletes and to allow Ventura College to comply with law and is not an approval process. Although Ventura College requires disclosure, the College, its athletic department, and its staff may not provide legal, financial, or business advice regarding NIL activities. Student-athletes who fail to disclose any agreement they enter into may face potential loss of their status as an athlete, as will student-athletes who enter into agreements that include NIL activities that conflict with CCCAA rules.

 

Use of Agents

 

Student Athletes may hire professional service providers to advise and represent the SA in developing and managing NIL opportunities (By Law 1.1.6.D.f).  SAs may not hire agents or professional service providers for the purpose of securing a professional sports contract of opportunity (By Law 1.1.6.E.b). 

 

The use of an agent, as defined by CCCAA bylaws, may only be used for NIL activities. Any agent must be registered to do business in the state of California, must comply with the federal Sport Agent Responsibility and Trust Act and register with Ventura College Athletics compliance staff.  Ventura College Athletics recommends its student-athletes thoroughly vet any such agents or advisors prior to working with them, as Ventura College Athletics will not be responsible for any agreement or contractual obligation, whether with an agent or other third party.

 

Ventura College, its athletics department, its staff, volunteers and contractors may not serve as professional service providers for student-athletes or participate in the evaluation, recommendation or selection of professional service providers for student athletes.

 

Use of Personal Multimedia/Marketing Professional Services

 

Any personal multimedia and/or marketing professional services that Ventura College student-athletes utilize will be treated as credential media members for athletic events. Any Ventura College student-athlete seeking to gain access for the individuals performing these services must submit credential requests to the Director of Marketing and Athletic Department at Ventura College at least 48 hours prior to events.

 

Personal multimedia and/or marketing teams will not be given access to team practices, inside team locker rooms during team activities, or team travel trips.

 

Use of College, Conference, CCCAA Intellectual Property

 

An Institutional Mark is any protected name or identifying mark (e.g., logo, seal, protected verbiage) ordinarily requiring licensing prior to commercial use. SAs must seek approval per institutional policy to use Institutional Marks when participating in NIL Activities (VCCCD BP 1100 &By Law 1.1.6.D.a).  Any Ventura College SA seeking to receive approval to use institutional marks will need to request approval Director of Marketing and Athletic Department at Ventura College at least 48 hours prior to events.

 

Ventura College can prohibit the student-athletes from wearing official team uniforms and apparel in the SA NIL promotional activities (By Law 1.1.6.F.a) and prohibit student-athletes from using institutional marks; any institution/district produced content including but not limited to, graphics, videos, and photos; and any copied or original content, including video or photos taken by cell phones, video cameras, or other devices at live athletic events in the student-athlete’s NIL promotional activities, without prior, express written consent from the institution/district and/or third-party media rights holder. The Institution can also prohibit student-athletes from engaging in NIL activities during official team activities (games, practices, etc.) (By Law 1.1.6.F.b).

 

Team Activities & Academic Obligations

 

Student-athletes cannot engage in NIL activities during the course of team activities, which include but are not limited to competitions, practices, media obligations, promotional activities and team gatherings and meetings. Student-athletes also must not allow NIL activities to interfere with their academic obligations. Student-athletes are prohibited from missing class time to perform NIL activities.

 

Facility Usage

 

Student-athletes may, subject to availability and subject to the terms of a facility use agreement with the Ventura College Civic Center, use Ventura College Athletics’ facilities to conduct camps, clinics, or lessons if the student-athlete pays the standard facility rental rate. Consistent with Section 5 above, student-athletes may not use Ventura College facilities in such a manner that creates the impression – either express or implied - that Ventura College expressly or indirectly endorses a third party or product, unless prior written approval is obtained from Ventura College Marketing and Athletic Department.

 

Restricted Categories

 

Student-athletes must not use their NIL to promote gambling, alcohol products, tobacco products, adult entertainment, substances banned by the CCCAA/NCAA, or products or services that are illegal. Information about CCCAA/NCAA can be found at https://www.ncaa.com/sites/default/files/files/NCAA%20Banned%20Drug%20List.pdf Links to an external site. . Student-athletes are not permitted to enter into a contract if a provision is in conflict with a provision of the Ventura College Athletics/team’s contract (e.g. Adidas, Pepsi).

 

Financial Aid and Tax Implications

 

Student-athletes should be aware that receiving compensation for NIL activities could have an impact on their financial aid, especially for those receiving Pell Grants. Student-athletes are encouraged to consult with the Ventura College Financial Aid staff to fully understand these potential impacts.

 

Additionally, student-athletes should be aware that receiving compensation for NIL activities could have tax implications. Student-athletes are encouraged to discuss these issues with their tax advisor.