NCAA rules allow student-athletes to be compensated for the use of their names, images, or likenesses. The NCAA's interim NIL policy, adopted on June 30, 2021, requires member institutions to follow their own state laws or create their own policies. This deregulated area will likely be in place until student-athlete NIL rights are addressed through nationally applicable federal law or NCAA legislation.
On June 29, 2021, Illinois Governor J.B. Pritzker signed into law Senate Bill 2338 or better known as the Student-Athlete Endorsement Act allowing all intercollegiate student-athletes in the state of Illinois, including the McKendree University Bearcats, to be compensated for use of their name, image and likeness. The legislation governing student-athletes' use of their name, image and likeness went into effect at 12:01 a.m. on Thursday, July 1, 2021.
McKENDREE ATHLETICS' INVOLVEMENT IN NIL
As part of the Illinois NIL bill, the McKendree Athletics Department cannot directly or indirectly arrange for a third-party to provide compensation to a prospective or current Bearcat student-athlete. The student-athlete must enter into the arrangement on his or her own accord, but they must first disclose the agreement to the McKendree Athletics Administration.
COMPLIANCE AND REGULATION
Policy on Trademarks
McKendree University Athletics owns the rights to all University trademarks. A student-athlete may not use any trademarks of McKendree University in conjunction with NIL activities or contracts for compensation. This includes the use of the University's logos, verbiage, name, nicknames or team uniforms.
Policy on Disclosure
Any and all NIL contracts and endorsements must first be disclosed to the McKendree Athletics Administration.
Endorsement Contacts
NIL endorsements valued over $500 must be formalized in a written contract and provided to McKendree University Athletics Administration prior to the execution of the agreement and compensation being provided to the student-athlete. Endorsements valued under $500 do not require a written contract but are still subject to the disclosure requirement.
Morality Clause
Student-athletes are not allowed to enter into a publicity rights contract for: gambling, sports betting, controlled substances, cannabis, tobacco or alcohol company, alternative or electronic nicotine product or delivery system, performance-enhancing supplements, adult entertainment, or any brand that is reasonably considered to be inconsistent with the values or mission of McKendree University.
International Student-Athletes
All international student-athletes must adhere to all student visa requirements which may include the inability to earn compensation on a student visa. We are awaiting further guidance from the Department of Homeland Security.
Student-Athletes Receiving Pell Grant/Need Based Financial Aid
If a student-athlete is receiving need based financial aid, additional income may change eligibility to receive such aid. Questions regarding need based aid should be directed to McKendree's Office of Financial Aid.
**Sale of team issued gear is prohibited until departure from McKendree University.
| Scenario |
Permissible? |
| Can I be compensated for my public endorsement of a local business establishment? |
Yes* |
| Can I use McKendree logos, gear, facilities, etc. in my NIL activities? |
No |
| Can I hire representation to secure NIL activities? |
Yes |
| Can McKendree or my coaches arrange or provide compensation for NIL activities? |
No |
| Can McKendree place any restrictions on my NIL activities? |
Yes** |
* Must be disclosed to the McKendree Athletics Administration
** McKendree can restrict any brand that is reasonably considered to be inconsistent with the values or mission of the institution. |
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