Bethel University Athletics

On June 30, 2021, the NCAA announced a uniform interim Name, Image, and Likeness Policy (NIL) policy for all three divisions suspending NCAA NIL rules for all incoming and current student-athletes in all sports. The policy provides the following guidance to college athletes, recruits, their families and member schools:

• Individuals can engage in NIL activities that are consistent with the law of the state where the school is located. Colleges and universities may be a resource for state law questions.
• College athletes who attend a school in a state without an NIL law can engage in this type of activity without violating NCAA rules related to name, image and likeness.
• Individuals can use a professional services provider for NIL activities.
• Student-athletes should report NIL activities consistent with state law or school and conference requirements to their school.

Minnesota State Law is currently silent on NIL. Bethel University implements the following Policy to provide student-athletes with guidance and the University requirements related to NIL. All other NCAA rules remain in effect. Student-athletes are prohibited from receiving an improper recruiting inducement, extra benefit or compensation based on athletics participation or performance, “pay for play.” A student-athlete is not permitted to earn compensation based on the student-athlete’s agreement to Bethel University, athletic participation, or athletic performance.

NCAA Interim NIL Policy 

NCAA Quick Guide to New NCAA Interim Policy on Name, Image and Likeness 

NCAA Name, Image and Likeness Policy Q and A 

NCAA New interim Policy Key Takeaways 

NCAA Cycle of Individual Engaged in NIL Activities 

States with NIL legislation 

A student-athlete is not considered an employee of Bethel University based on the student-athlete’s participation in intercollegiate athletics or receipt of Bethel University aid. The following Policy related to the use of a student-athlete’s name, image, and likeness for compensation shall not be construed to create an employer-employee relationship between a student-athlete and Bethel University.

The following definitions are set forth in this Policy:

A. “Booster” means an individual who has made a financial contribution to Bethel University, assisted in the recruitment of a prospective student-athlete, provided benefits of any kind to a current student athlete or otherwise has been involved in promoting Bethel University’s athletics program.

B. “Compensation” means anything of value provided to a student-athlete, but does not include:

1. Tuition, room, board, books, fees, and personal expenses provided by Bethel University in accordance with the rules of the athletic association or conference of which Bethel University is a member;

2. Federal Pell Grants and other State and federal grants or scholarships unrelated to, and not awarded because of a student-athlete’s participation in intercollegiate athletics or sports competition;

3. Any other financial aid, benefits, or awards that Bethel University provides to a student athlete in accordance with the rules of the athletic association or conference of which Bethel University is a member;

4. The payment of wages and benefits to a student-athlete for work actually performed (but not athletic ability or participation in intercollegiate athletics) at a rate commensurate with the prevailing rate for similar work in the location of Bethel University. 

C. “NIL agreement” means a contract or other written or oral arrangement between a student-athlete and a third-party licensee regarding the use of the name, image, likeness, or voice of the student-athlete.

D. “Student-athlete” means a student currently enrolled at Bethel University who engages in, is eligible to engage in, or may be eligible in the future to engage in, an intercollegiate athletics program at Bethel University.

V. Requirements

A. Disclosure 

Provider Agreements:

1. NIL Agreements. A student-athlete must disclose all NIL agreements to Athletic Compliance through the INFLCR app. 

2. Required Form. All NIL agreements, whether discovered through the INFLCR Exchange, or through methods outside of the Exchange, must be disclosed through the INFLCR app. 

B. Limitations and Conflicts

1. Mandatory Athletics Activities. A student-athlete may not engage in NIL compensation opportunities during mandatory athletic activities. The expectation is that NIL compensation opportunities will not conflict with academic or mandatory team activities.

2. Apparel. During intercollegiate athletics competition, student-athletes may only wear apparel, gear, or other wearables approved by Bethel University. Student-athletes are not permitted to sell or exchange any gear, equipment, or apparel provided by the institution until they are no longer a student-athlete.

4. Staff and booster involvement. Bethel University staff and boosters are prohibited from arranging, developing, or facilitating any NIL agreements for prospective or current student-athletes as an inducement, impermissible benefit, or pay-for-play agreement.

5. Conflict with University Rules. A student-athlete may not enter into a NIL agreement or publicity rights agreement if performance of the agreement would conflict with any rule, regulation, standard or other requirement of Bethel University.

6. Agents. Student-athletes are permitted to contract with an agent or lawyer solely for the purpose of marketing the student-athlete’s name, image, and likeness and should not enter any agreement with an agent to market a student’s athletics ability or reputation other than for permitted name, image, and likeness activities.

C. Prohibitions

1. Prohibited Sponsorship Category. “A Prohibited Sponsorship Category” is any sponsorship agreement in certain product categories, with specific entities and/or with identified individuals that are in conflict with existing institutional or Athletic Department contract, institutional or Athletic Department policy or for any other reason determined in good faith by the institution or Athletic Department.

Prohibited Sponsorship Categories include, but are not limited to, sponsorships that:

1. adversely affect Bethel University’s or the Athletic Department’s reputation;
2. appear to create an endorsement by the institution or the Athletic Department of a particular company, product, service, political candidate or position regarding public policies;
3. are considered to contain obscene, indecent or profane material;
4. ridicule, exploit or demean persons on the basis of their age, color, creed, physical or mental disability, physical appearance, national origin, citizenship, veteran status, marital status, race, religion, sex, sexual orientation, gender or gender identity;
5. promote gambling or sports betting;
6. promote controlled substances or NCAA banned substances;
7. promote cannabis;
8. promote a tobacco or alcohol company;
9. promote alternative or electronic nicotine product or delivery system;
10. promote performance enhancing supplements; or
11. promote adult entertainment.

D. Use of Intellectual Property and Facilities.

1. Marks and Logos. Student-Athletes may not use University or Athletic Department marks and logos, including all aspects of the uniform, without authorized pre-approval from Bethel University’s Office of Marketing and Communications. You can request licensing information by contacting Bethel University’s Office of Marketing and Communications (marketing@bethel.edu). 

2. Athletic Department Facilities. Student-athletes may, subject to availability and the terms of a facility use agreement, use Bethel University’s athletics facilities to conduct camps, clinics, or lessons subject to availability and if the student-athlete pays the standard facility rental fee. Student-athletes are not allowed to conduct other NIL activities in institutional facilities.

E. Other Considerations.

1. International Student-Athletes. International student-athletes are strongly encouraged not to enter into NIL agreements because of potential adverse impacts to their immigration status or student visas. Questions should be directed to appropriate campus departments. 

2. Financial Aid. Pell grants and other need-based aid could be affected by name, image, and likeness compensation. Questions related to a student-athlete’s receipt of financial aid should be directed to Bethel University’s Financial Aid Office. 

3. Taxes. NIL compensation may have tax consequences and student-athletes are encouraged to seek tax advice. 1099 Tax Forms will be made available through the INFLCR app to student-athletes at the end of each year.