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Case Western Reserve University Athletics
Case Western Reserve University Athletics

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Case Western Reserve University Name, Image, & Likeness Policy

Title: Name, Image and Likeness (NIL) Policy
Approved by: President
Date approved: July 1, 2026
Effective date: July 1, 2026
Responsible Official: Director of Athletics and Chair of Physical Education
Responsible University Office or Division: Department of Athletics
Revision History: None
Related legislation and University Policies: Ohio Revised Code Chapter 3376
Review Period: 5 Years
Relates to: Varsity Student Athletes

Policy Summary:

Case Western Reserve University ("CWRU") supports Student-Athletes receiving compensation for the use of their name, image, and likeness ("NIL") from third-party external sources. In accordance with Ohio state laws and NCAA Division III rules, CWRU has adopted this Student-Athlete Name, Image, and Likeness Policy which provides CWRU's requirements for intercollegiate Student-Athletes to receive compensation for the use of the NIL.

This policy applies to all CWRU Student-Athletes who participate on a varsity intercollegiate athletic team, and all prospective Student-Athletes seeking to participate on a CWRU varsity intercollegiate athletic team. This policy governs all the NIL activities of the Student-Athletes defined in this policy. 

This policy is intended to comply with Ohio law, federal law, and applicable NCAA and athletic conference policies and regulations (collectively, the "External Policies"). To the extent that this policy conflicts with any External Policies, the External Policies apply.

A. Purpose of the Policy

  1. Compliance with State Law: Ohio Revised Code, Title 13, Chapter 3376 which governs NIL for collegiate athletes.
  2. Compliance with NCAA Division III Bylaws: NCAA Division III Bylaws Article 2.D.1.e. requires that member organizations maintain written policies for their licensing, marketing, sponsorship, advertising, and other commercial agreements that may involve the use of a Student-Athlete's name, image, or likeness. Each institution shall provide such policies to Student-Athletes and make those policies publicly available.
  3. Transparency for Students: Making clear the rules and regulations for CWRU Student-Athletes interested in commercializing their NIL rights.
  4. Decreased Risk of Conflicting Contractual Terms: State law and NCAA Bylaws require the review of NIL Agreements against institutional agreements to ensure the absence of conflicting terms and conditions.

B. Definitions

  1. Compensation: means money, cash equivalents (such as gift cards, event tickets, etc.), and non-cash benefits (such as free meals or free products – essentially items  received without charge). 
  2. Name, Image, Likeness ("NIL"): means a Student-Athlete's name, image or likeness.
  3. NIL Activity: means any business activities in which a Student-Athlete or prospective Student-Athlete receives compensation (as defined herein) for use of their NIL for commercial or promotional  purposes.
  4. Student-Athlete: An individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a Student-Athlete for the purposes of that sport.

C. Permissible NIL Activities: Student-Athletes may engage in the following activities, including, but not limited to the following, provided they are:

  1. Disclosed to a CWRU Athletic-Director in accordance with this policy; and
  2. Are permissible under the NCAA Division III NIL Rules, Ohio state laws, and CWRU Policy: and
  3. Are deemed "Permissible Activities":
    1. Social Media Promotions;
    2. Camps or Private Lessons;
    3. Public Appearances;
    4. Speaking Events;
    5. Local Business Endorsements;
    6. Other activities as deemed permissible by the Director of Athletics.

D. Required Disclosure

  1. All proposed NIL activities must be disclosed to the CWRU Director of Athletics and/or an approved designee for advance review through the Athletics Department. Student-Athletes should NOT enter into any NIL activity or related agreements prior to completion of a review of the activity/agreement by CWRU as CWRU may require that the Student-Athlete modify the terms of the agreement.
    1. Disclosure is required as CWRU Athletics Compliance must monitor compliance with NCAA rules, Ohio state laws, and internal policies.
    2. Failure to disclose, or impermissible participation in an NIL activity prior to review by CWRU, may result in suspension or removal from an athletic team and/or program.
  2. CWRU Athletics, in conjunction with the Office of the General Counsel as appropriate, will review each submission to determine whether any conflicts exist with any CWRU Agreements or whether the proposed activity falls within one of the Restricted NIL Activity Categories described herein.
    1. If the proposed NIL Activity conflicts with an existing CWRU Agreement, CWRU will identify the conflicting provisions and notify the Student-Athlete of such conflict. The Student-Athlete will be responsible for causing the conflicting term to be removed from their NIL Activity agreement.
    2. If the proposed NIL Activity falls within one of the Restricted NIL Activity Categories described below, the Student-Athlete will be informed that they cannot enter into said NIL Agreement.
    3. If the NIL Activity originally contemplated and reported is thereafter modified or altered, the Student-Athlete must resubmit the modified agreement to the CWRU Athletics Department for further review and approval.

E. Restricted Categories of NIL Activities. CWRU Student-Athletes are not permitted to engage in NIL Activities with people, organizations, or organizational affiliates in the following business sectors and/or categories:

  1. Adult entertainment products or services, gentlemen's clubs, escort services, or stores;
  2. Alcoholic beverages and other related alcohol products;
  3. Cannabis – regardless of its form – and all associated products, paraphernalia, and/or services;
  4. Controlled substances, illegal substances, or those substances banned by the NCAA at the time of contracting;
  5. Firearms and other weapons;
  6. Gambling, Casinos, sports betting, and related products;
  7. Tobacco and/or vaping products in any form and any related services.

CWRU reserves the right to add additional categories that it reasonably determines may reflect negatively on the University or be in opposition to its core mission.

F. Compensation Restrictions.

  1. Work Performance and Fair Market Value. Any form of compensation that is received by a CWRU Student-Athlete for NIL Activities must be for work that is actually performed and shall reflect the fair market value for such work.
    1. Fair Market Value means that the Student-Athlete should receive compensation that is commensurate with the going rate in that locality for similar services.
  2. Athletic Performance. Student-Athletes may not accept compensation or the promise of compensation that is based on or related to their athletic performance or used as an inducement to be retained or continue to participate in an athletics program.
  3. Inducement/Recruitment. Prospective Student-Athletes cannot accept compensation or the promise of compensation that is intended to convince or induce them to or rewards them for enrolling in CWRU.
  4. Conflicting Legal Terms. Student-Athletes or prospective Student-Athletes may not participate in any NIL Activities that conflict with a current legal agreement that CWRU has entered into with the same financial provider (for example NIL endorsement and a CWRU Licensing Agreement with the same entity would need to be reviewed for conflicting terms).
  5. Resale Restrictions. CWRU Student-Athletes may not sell CWRU-issued apparel, equipment, awards, medals, or other related items prior to the expiration of their eligibility to compete in intercollegiate athletics.

G. Use of CWRU Resources. If a Student-Athlete desires to use CWRU Resources for their NIL Activities, the Student-Athlete must follow the same rules and pay the same rates as others who seek to use CWRU resources for commercial purposes. Commonly requested resources include the following:

  1. Intellectual Property. "CWRU Intellectual Property" means apparel, team uniforms, equipment, gear, and/or  accessories that contain elements of CWRU's name, logo(s), symbols, or trademarks; videos or other images that contain elements of CWRU's Intellectual Property, regardless of where or how the image was obtained; Photos, videos, and other images that are the rightful property of CWRU, whether or not they contain CWRU Intellectual Property. CWRU Intellectual Property may not be used in or for NIL Activities, unless otherwise agreed to in writing approved by the Director of Athletics, the CWRU Marketing and Communications Department (brand@case.edu), and the Office of the General Counsel.
    1. CWRU Student-Athletes may, when participating in approved NIL Activities, include a biographical reference in which they may identify themselves as a CWRU Student-Athlete and may include the sport(s) and position(s) they play, provided they do not imply, directly or indirectly, that CWRU is in any way endorsing the related products or services or the NIL Activity itself.
  2. Facilities. Use of CWRU facilities in connection with NIL Activity is generally not permissible. Exceptions to this requirement require prior written approval by the Director of Athletics identifying the specific location and use and may require the Student-Athlete and any associated parties to the NIL Activity sign a waiver of liability form and pay any applicable rental fees that the Director of Athletics shall deem applicable. Student-Athletes will be charged the same rental rates as made available to any other CWRU Student and may not receive any special rates or discounts, unless otherwise approved in writing by the Director of Athletics.
    1. Should the Director of Athletics approve the use of CWRU Facilities for NIL Activities, advance written permission from the CWRU Marketing and Communications Department will be required prior to any commercial filming and/or photography.

H. Professional Representation.

  1. CWRU Student-Athletes are permitted to hire professional representation, such as an agent, attorney, tax consultant, marketing advisor, or brand manager to assist with their NIL Activities. Such professional representation may include advice, contract representation and negotiation, and marketing of the Student-Athlete's NIL, provided it is not representation for purposes of securing opportunities or compensation as a professional athlete.
    1. If the Student-Athlete hires an agent to represent them, under Ohio law, the agent shall be registered, unless such representative is an immediate family member or a licensed attorney.

I. Miscellaneous

  1. Tax & Other Obligations.
    1. Income earned by a Student-Athlete for NIL Activity is most likely considered to be taxable income. Student-Athletes are legally responsible for all taxes, tax withholdings, tax reporting, and other tax-related obligations and liabilities associated with their NIL Activities.
    2. CWRU Student-Athletes are encouraged to consult with appropriate tax professionals about the potential tax implications of any NIL Activity compensation earned.
  2. International Students.
    1. International Student-Athletes may not be eligible to receive compensation for NIL Activities in the United States. CWRU International Student-Athletes should consult government agencies, the CWRU Office of International Affairs (global@case.edu), and the CWRU VISA Office (visa@case.edu) for information regarding the potential impact on their Visa status and tax consequences prior to engaging in NIL Activities.
  3. Need-Based Financial Aid.
    1. Income derived from any Student-Athlete NIL Activity may affect their eligibility for the Pell Grant, federal financial aid, state financial aid, and/or other need-based financial aid and may need to be reported on the Student-Athlete's FAFSA and/or CSS Profile in subsequent years. Student-Athletes are advised to consult with the CWRU Financial Aid Office regarding any questions relating to need-based financial aid and NIL Activity income.

J. Sanctions for Violations

  1. A Student-Athlete's failure to comply with this policy may result in the loss of privileges and other sanctions as appropriate, including potential penalties imposed by the NCAA and/or CWRU that could impact the Student-Athlete's eligibility to participate in intercollegiate athletics, loss of practice privileges, suspension or dismissal, and/or other disciplinary action by CWRU. Serious and/or egregious violations will be sent to the Office of Student Conduct and Community Standards for review and potential penalties.

NIL DISCLOSURE FORM

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