NAME, IMAGE AND LIKENESS POLICY (updated April 9, 2022)
What is NIL Activity?
A name, image, and likeness (“NIL”) activity includes any situation where a student-athlete's name, image, or likeness (including personal appearance) is used for promotional purposes by a non-university entity. These entities include commercial businesses as well as nonprofit or charitable organizations. This NIL policy is based on current NCAA guidance on NIL activities, the policies of DePauw University and any Indiana state law regarding the use of trademarks. This NIL policy may be changed by the DePauw University at any time, with notice, and will automatically be changed if Indiana state or United States federal laws are created that cover the matter of NIL activity. All changes will be communicated to student-athletes promptly.
Institutional Disclosure Requirements
Student-athletes are required to disclose certain details of any agreement entered into related to the use of their name, image, and likeness. Student-athletes are also encouraged to disclose the names of any professional services providers (tax professional, attorney, agent, etc.) they retain. All NIL agreements must be reported to the DePauw University’s Director of Compliance seven business days prior to committing any activities related to the agreement. Reports can be made here. Failure to disclose NIL activities could impact the student-athlete’s eligibility to participate in collegiate athletics or receive institutional financial assistance.
Prohibited activities
Student-athletes may not receive NIL benefits based on enrollment in, or continuing enrollment at, DePauw University or for any specific athletic performance or achievement. For example, a student-athlete may not be promised NIL benefits by local or national sponsors based on the number of points they score in a game or over a season. Likewise, a sponsor cannot state “you must play (this specific sport) at DePauw in order to receive the benefit.”
Neither DePauw University nor any DePauw University staff member may be involved in the development, operation or promotion of any student-athlete’s NIL activities. In addition, no DePauw University staff member may enter into an agreement with, or benefit from, a student-athlete’s NIL activities.
As a part of any agreement, student-athletes must be compensated for actual work performed.
Student-athletes may not sell or trade any equipment or apparel provided to them by DePauw University as a part of NIL activities.
Use of Logo and Likeness
The Division of Communications and Marketing at DePauw University is responsible for the oversight of official university logos, marks, wordmarks and other official identity elements that represent DePauw University, including the university seal, mascot, Gold Within identity elements, and other licensed athletics or merchandise marks.
No individual or organization may use DePauw’s official marks, logos or symbols for financial or commercial gain without express, written approval from DePauw University Communications and Marketing. Written approval is required for student athletes wearing apparel featuring university logos, symbols or marks while participating in NIL activities. Similarly, university marks, logos and symbols may not be altered in any way. However, individuals, including student athletes, are permitted to use such marks or symbols for personal use (i.e., on social media) if such use fairly and accurately identifies the user as a student athlete and does not otherwise state or imply any involvement or sponsorship with or by DePauw University and that is not for commercial or financial gain.
DePauw University reserves the right to determine what constitutes appropriate use of its symbols, logos and marks and to refuse permission for usage deemed inappropriate.
For additional information about university trademarks, licensing and usage, please refer to the Identification Standards (available at www.depauw.edu/ offices/communications-marketing/). To request permission for use, please contact Kelly Graves, creative director, University Communications and Marketing, at kgraves@depauw.edu.
Institutional Restrictions
Except as otherwise provided herein, student-athletes may not use DePauw marks or symbols in their posts without prior approval with the exception that student-athletes may refer to themselves as students or student-athletes of DePauw University in their biographical information.
Student-athletes are allowed to engage in NIL activities on campus as long as such activities do not violate any policies in the Student Handbook.
Student-athletes may not miss required educational obligations (class, exams, scheduled tutor sessions, etc.) or required team activities to fulfill requirements of any NIL agreements.
A student will not be eligible to participate in intercollegiate athletics if that student enters into a contract or agreement providing compensation to the student for NIL activities with any of the following. *This is not a complete list of possible banned NIL activities.
(a) Any company or brand that manufactures, markets, sells, or is associated with a controlled substance, marijuana product, medical marijuana product, alcoholic product, tobacco product, electronic smoking device, vapor product, or product or device that consists of or contains nicotine that can be ingested into the body;
(b) Any business engaged in the sale, rental, or exhibition of adult entertainment that is characterized by an emphasis on the exposure or display of sexually oriented images or activity;
(c) Any casino or entity that provides, sponsors or promotes gambling activities;
(d) Any other category of companies, brands, or agreements that are in conflict with already established contracts held by the University.
(e) Any activities that adversely affect the reputation of DePauw University.
(f) Activities that ridicule, exploit or demean persons on the basis of their age, color, creed, physical or mental disability, national origin, citizenship, veteran status, marital status, race, religion, sex, or gender.
