The NCAA’s Division II Presidents Council has voted this week to advance several legislative proposals to the 2021 NCAA Convention, including concepts that would permit student-athletes to benefit from their name, image and likeness (NIL). 

The council also supported a legislative proposal that would allow non-qualifiers access to both athletics aid and practice.

Sandra Jordan, Chancellor at South Carolina Aiken and Chair of the Division II Presidents Council, commented: “While our discussion on the NIL proposals noted with some apprehension that these concepts are a shift from our current legislation, we acknowledged the Legislation Committee’s thorough work in developing them that included vast membership input and prioritized student-athlete voice.

“We believe these opportunities can occur in a manner that is consistent with the NCAA’s core values, mission and principles, while prioritizing student-athlete well-being and ensuring that students also continue to focus on completing a degree. The recommended administrative framework for these changes ensures that the legislation will be transparent and enforceable, which falls in line with the Board of Governors’ principles.”

The name, image and likeness recommendations fall into two categories: activities related to student-athlete businesses and the promotion/endorsement of third-party products and services. 

Among the allowable activities that students can expect to be paid for is the use of their name, image and likeness to promote their own athletically related work product (for example, athletics apparel, athletics equipment, writing a book about the impact of athletics on their life).

Student-athletes would also be permitted to promote athletically or non-athletically related products or services, including, but not limited to, modeling non-institutional athletics apparel and equipment, and establishing a monetized media platform, subject to school policies.

Payment for autographs while not representing their school, either in conjunction with an endorsement opportunity or otherwise independent of their school would be allowed, as would remuneration for appearances at commercial businesses and charitable, educational or nonprofit agencies.

Student-athletes would, however, be prohibited from using their name, image or likeness to promote products or services not permitted by NCAA legislation, including sports wagering and banned substances. There would also be a requirement to report name, image and likeness activities on an annual basis. 

The full list of legislative proposals can be found here