Policies & Procedures

Definitions:
Booster- Boosters, referred to by the NCAA as “representatives of the institution’s athletic interests,” include anyone who has:

1. Provided a donation in order to obtain season tickets for any sport at the university.
2. Participated in or has been a member of an organization promoting the university’s athletics programs.
3. Made financial contributions to the athletic department or to a university booster organization.
4. Arranged for or provided employment for enrolled student-athletes.
5. Assisted or has been requested by university staff to assist in the recruitment of prospective student-athletes.
6. Assisted in providing benefits to enrolled student athletes or their families.
7. Been involved otherwise in promoting university athletics.
8. Once an individual is identified as a “representative of the institution’s athletics interests,” the person retains that identity forever.

Compensation- the actual, inferred, or agreed upon exchange or receipt of anything of value, including but not limited to items in-kind, services, money, gifts, merchandise, etc.

Official team activities- Official Team Activity begins at the time the team is to report to begin travel for competition, practice or other athletically related activities, the time the team is to report for competition, practice or other athletically related activities and ends upon return to campus or when officially released at the conclusion of the competition, practice, or other athletically related activities

Pay-for-performance: means payments and compensation provided to student-athletes that is contingent on the student athlete's achieving certain performance goals or objectives.

Student-athlete: means an individual enrolled at an institution who participates in intercollegiate athletics.

I. Purpose

This policy provides a framework of NCAA and institutional rules and regulations regarding NIL and serves as a platform to better educate prospective student-athletes, current student-athletes, coaches, and staff on how it may impact them.

II. Policy Statement

Longwood University embraces NCAA policy changes that support new opportunities available to current and prospective student-athletes who wish to pursue name, image, and likeness (NIL) activities. Longwood will maintain its commitment to providing the highest standard of rules education and enforcement surrounding NCAA compliance and regulatory monitoring to best serve our student-athletes and the university.

III. Procedural Guidelines        

1. Pay-for-Play is Prohibited: Compensation earned by Longwood University student-athletes for the use of their name, image, or likeness must represent a genuine payment for the use of their name, image, or likeness, independent of, rather than as a payment for, their athletic participation or performance, or attendance at an institution. The compensation shall be commensurate with the market value of the student-athlete’s name, image or likeness.
2. Institutional Involvement: Longwood University, Big South Conference, and/or Mid-American Conference cannot directly or indirectly create or facilitate compensation opportunities for the use of an intercollegiate athlete's name, image, or likeness.
3. Boosters: Longwood University may not use or allow boosters to directly or indirectly create or facilitate compensation or opportunities for gain of anything in value for the use of a Longwood student-athlete's name, image, or likeness as a recruiting inducement or as a means of paying for athletics participation. Boosters who wish to engage in NIL activities with prospective and/or current Longwood student-athletes must have an agreement representing a genuine payment for the use of their name, image, or likeness, independent of, rather than as a payment for, their athletic participation or performance, or attendance at Longwood University with compensation being commensurate with the market value of the student-athlete’s name, image or likeness.
4. Use of Institutional Facilities/Marks:
   1. Longwood University student-athletes are prohibited to use the Longwood University facilities, uniforms, or intellectual property, including, but not limited to, the unauthorized use of a registered trademark or product protected by copyright, in connection with the use of or agreement to use the intercollegiate athlete's name, image, or likeness activities.
   2. Longwood student-athletes may reference their attendance at Longwood University and/or participation in athletics while engaging in NIL activities but may not utilize any institutional branding, logos, or trademarks.
   3. An Individual seeking NIL opportunities may not combine those activities with University Institutional trademarks, protected names, identifying marks, images, graphics, uniforms, branded apparel, branded sports equipment and other items embellished with Institutional Marks. Longwood University is the sole owner of its name, facilities, trademarks, etc.
5. When NIL Activities May Occur: Activities related to a Longwood University student-athletes use of their name, image, or likeness for compensation are prohibited from taking place during the athlete's participation in any academic, athletic, or team-mandated activities as defined by Longwood University. These activities include but are not limited to undergraduate and graduate classes, required team activities (RARA & CARA), required study hall, compliance meetings, and additional Longwood University obligations as determined by the Coach and/or Department of Athletics
6. Prospects: Activities related to a Longwood student-athletes use of their name, image, or likeness for compensation cannot be contingent on a prospective intercollegiate athlete's enrollment at Longwood University and cannot otherwise be used as an inducement by Longwood University or an associated booster.
7. Professional Service Provider: Obtaining a professional service provider for the purpose of securing marketing and or compensation for the use of name, image, or likeness is permissible. Examples would include financial advisors, attorneys tax advisors, marketing consultants, agents, etc. Longwood University staff members or boosters cannot serve as a professional service provider and shall not recommend any professional service provider. Furthermore, Longwood student-athletes are still prohibited from entering an agreement with a professional agent for the purpose of athletic specific contract negotiations and/or representation. Pursuant to NCAA rules, an individual shall be ineligible for participation in an intercollegiate sport if they ever have agreed (orally or in writing) to be represented by an agent for the purpose of marketing their athletics ability or reputation in that sport to secure an opportunity as a professional athlete.
8. Limitations: Longwood student-athletes are prohibited from using their name, image, or likeness for compensation if the proposed use of their name, image, or likeness conflicts with:
   1. existing institutional sponsorship agreements or other contracts; conflicting companies of sponsors are permissible but not if it conflicts with contract terms
   2. institutional values as defined by the institution including but not limited to Vendors, entities, or companies that profit from:
      1. Casinos or gambling, including sports betting
      2. Alcohol products;
      3. Adult entertainment;
      4. Cannabis, cannabinoids, cannabidiol, or other derivatives;
      5. Dangerous or controlled substances;
      6. Performance enhancing drugs or substances (e.g., steroids, human growth hormone);
      7. Drug paraphernalia;
      8. Tobacco and electronic smoking products and devices;
      9. Weapons, including firearms and ammunition.
      10. Selling of items (team gear, awards, trademarked memorabilia, etc.) provided to the student-athlete by Longwood University, NCAA, Big South Conference, or Mid-American Conference.
      11. Accepting compensation for the use of his or her name, image, or likeness in exchange for attendance at an institution or pay-for- performance.
      12. Using the institution’s facilities or uniforms, or the institution’s intellectual property, including logos, indicia, registered and unregistered trademarks, or products protected by copyright, unless otherwise permitted by the institution.
9. Athletic Disclosure: All proposed agreements, understandings, and contracts involving name, image or likeness, whether written or oral, shall be fully disclosed immediately to Longwood’s Athletics Compliance office through the ARMSSOFTWARE. If a student-athlete discloses a potential agreement that conflicts with an existing institutional agreement, the institution shall disclose the relevant terms of the conflicting agreement to the student-athlete
   
   Any amendments to such shall be disclosed to Longwood Athletics Compliance Office prior to implementation.
   1. Prospective intercollegiate student-athletes who enter into a name, image, or likeness agreement, understanding or contract shall disclose this to the Athletics Department Compliance Office athletic department prior to enrollment or signing a financial aid agreement with the institution.
   2. Current Longwood student-athletes must disclose the terms of a name, image, or likeness contract prior to signing the name, image, or likeness contract by filling out the approved ARMSSOFTWARE form online through the compliance department and notifying the Director of Compliance via email.
      
      Entering into any agreement, understandings, and contracts not disclosed and approved by Longwood Athletics may impact scholarships, immigration status, eligibility and or enrollment at Longwood University.
10. Protections: An institution is prohibited from adopting or maintaining a contract, rule, regulation, standard, or other requirement that prevents or unduly restricts an intercollegiate athlete as follows:
    1. Earning compensation for the use of their name, image, or likeness;
    2. Obtaining an athlete agent for the purpose of securing compensation for the use of their name, image, or likeness; or
    3. Affecting an intercollegiate athlete's grant in aid or athletic eligibility due to earning compensation through the student-athlete’s name, image, or likeness.

Approved by the Board of Visitors on September 10, 2021.