Please note, NCAA regulations regarding NIL are subject to frequent change. It is the intent of UTSA Athletics to conform to the latest version of the NCAA’s NIL related rules. To the extent that an NCAA regulation conflicts with this policy, the NCAA regulation will control.
Name, Image, and Likeness Usage
University of Texas at San Antonio (“UTSA”) student-athletes may be compensated for the noninstitutional use of their name, image, and likeness (NIL). However, NIL activities must remain in compliance with federal and state law, as well as NCAA rules and regulations. UTSA reserves the right to restrict a student-athlete’s ability to reference the institution in the performance of NIL activities other than referencing the fact that the individual is a student-athlete at UTSA.
Basic Principles
Student-athletes cannot receive NIL compensation:
- For agreements without quid pro quo (e.g., compensation for work not performed.
- For athletic participation or achievement.
- By an institution or its staff members.
Institutional Involvement
The UTSA Athletics Department will provide NIL resources and education to student-athletes, coaches, and staff. UTSA and its employees will not compensate student-athletes for NIL activities.
Professional Service Providers
Student-athletes may secure representation only for NIL and not for professional athletics opportunities. Examples of professional service providers include, but are not limited to, lawyers, attorneys, NIL agents, financial advisors, and marketing reps. A professional service provider representing a student-athlete for purposes of securing compensation for the student-athlete’s NIL must be licensed as required by the State of Texas. Student-athletes shall disclose information and details of all professional service providers through INFLCR to UTSA’s Athletic Compliance Office.
Intellectual Property
Student-athletes are prohibited from using UTSA intellectual property in NIL activities without first obtaining written approval from UTSA.
Intellectual property includes, but is not limited to, UTSA trademarks and logos; all aspects of uniforms, gear and apparel; photos, videos and highlights created by or containing UTSA marks or logos.
Use of Facilities
All requests to use athletics facilities must go through the Assistant AD for Facilities and Events at AthleticsEvents@utsa.edu. UTSA allows commercial filming on its campuses provided those creating the footage are compliant with UT System Board of Regents Rules and Regulations and the filming request adds value to the university’s mission and vision.
Commercial filming requests are reviewed on a case-by-case basis and should be submitted with four weeks of lead-time to allow for the review process to be completed. University Strategic Communications serves as the initial contact. If acceptable, the request is then routed to several other UTSA offices—including the Office of Legal Affairs—for review.
Memorabilia and Merchandise
Student-athletes are prohibited from selling memorabilia items provided by UTSA, including awards and apparel retained by the student-athlete at the end of a season that the institution will not reuse, until the student-athlete has exhausted eligibility for intercollegiate competition.
Student-athletes are prohibited from reselling merchandise purchased by the student-athlete which contain institutional marks, logos and/or slogans as identified above.
Disclosure
Student-athletes shall disclose information and details of all NIL activities prior to engaging in the NIL activity via INFLCR.
Prohibited Activities and Categories
Student-athletes are prohibited from participating in NIL activities or entering into agreements while participating in team activities including countable athletically related activities and required athletically related activities (as defined by NCAA Bylaw 17). Student-athletes are also prohibited from participating in NIL activities during times that conflict with academic commitments including, but not limited to, class, study hall, and tutoring appointments. Student-athletes may engage in NIL Activities while away from campus for team activities so long as they are released by the proper institutional authority from athletic department obligations.
Student-athletes must wear provided team gear in team activities.
Student-athletes are prohibited from participating in NIL activities or entering into agreements in the following categories:
a) Alcohol
b) Tobacco products
c) E-cigarettes or any other type of nicotine delivery device
d) Anabolic steroids
e) Sports betting
f) Casino gambling
g) A firearm the student athlete cannot legally purchase
h) A sexually oriented business as defined in Section 7 243.002, Local Government Code
Student-athletes’ NIL activities will be reviewed on a case-by-case basis to determine if there is a conflict with a provision of a UTSA contract. However, please note that the UTSA currently has the following exclusive category providers:
a) Adidas (Shoes & Apparel)
Need-Based Financial Aid and Tax Implications
Need-based financial aid could be impacted based on compensation from NIL activities. UTSA is not responsible for any tax liabilities or other costs student-athletes incur as a result of their choice to engage in NIL activities. For questions regarding the impact of NIL income on need-based financial aid, please contact UTSA’s Financial Aid Office through OneStop.
International Student-Athletes
To protect against any potential immigration issues, international student-athletes should not enter into any NIL agreements without first discussing the opportunity with UTSA’s International Student Services Office.