I don't want to fan any fires but it Neil Sullivan just sent the following letter about how the recent executive order effects the Flyers and figured this will become an ongoing story that deserves thoughtful comments. Also looks like there are oppertunities for some of you if you want to provides support to some of our team members.
Dear Flyer Fans, Partners, and Community,
This is an important time for college sports, perhaps once in a generation, with significant issues ranging from broad legalization of sports gambling to the "transfer portal" to the recent Supreme Court ruling against the NCAA in an antitrust case. Many of these issues will evolve over the coming months with an impact on the University of Dayton and its student-athletes.
I write to you today specifically about the name, image, and likeness (NIL) compensation of student-athletes.
Ohio Governor Mike DeWine signed an Executive Order on Monday, June 28, permitting college student-athletes to begin to receive compensation from third parties (but not from their home institution) for use of their name, image and likeness in endorsements or business activities without jeopardizing their NCAA eligibility. Foundational prohibitions on “pay-for-play” and recruiting inducements remain.
A full copy of the Executive Order can be found at this link.
The nuance and complexity of all NIL regulations prevent me from describing them fully, but in short, student-athletes may receive compensation for commercial endorsements, advertisements, personal appearances, autographs, camps/clinics and a variety of other business opportunities, provided the NIL activity is consistent with applicable law, including the Executive Order. There are some parameters outlined in the Executive Order, which largely tracks legislation that nearly passed the Ohio legislature last week.
For example, the Executive Order requires disclosure and institutional review of proposed NIL contracts. There are some potential areas of conflict with certain categories outlined, such as controlled substances, marijuana products, alcoholic products, tobacco, vapor products, gambling, etc. In addition, student-athletes may not enter into contracts providing compensation to the student-athlete for use of their NIL during official team
activities (games, practices, meetings, etc.). Their NIL endeavors are separate from organized team functions. Further, a student’s proposed NIL contract should not be in conflict with a provision of a contract to which the
University is a party.
Our coaches, staff and/or contractors will not broker deals for student-athletes or make financial promises to prospects in the recruiting process. Student-athlete business activities to earn outside income are managed independently from the University with their own representatives. University of Dayton or Dayton Flyer athletics-related marks and logos cannot be used, including all aspects of the uniform, unless such rights have been secured from the University through a written agreement.
However, we can and will provide educational programming to our students on NIL and associated regulations, including how they can provide value to the greater Dayton business community, in their hometowns and beyond. We must ensure the University of Dayton serves as a strong public relations platform for student-athletes to engage in NIL activity should they choose to do so.
If your organization, business or nonprofit can benefit from collaborating with University of Dayton student-athletes, please consider them in legitimate and fair market-based ways. We will and must ensure our students
have lawful opportunities in Dayton comparable to any other community.
While many of these changes appropriately modernize rules and intend to provide fundamental fairness for student-athletes, unintended consequences will result. We know some institutions and unscrupulous fans may create sham opportunities for students with inflated market values or ‘no show’ work, and include impermissible booster activity and recruiting inducements. As a community, we aim to comply with all NCAA, conference, state, and federal regulations related to NIL or any other area. Together, through legal, transparent and permissible means, we can aggressively support our students in marketing themselves. I believe our strong and loyal fan base, along with our market position, is advantageous relative to many other areas of the country, and my hope is that they display the highest ethics in that regard too.
The market reaction to these new laws and regulations remains a great unknown over the coming weeks and months. What is known is that we must face the new realities of college sports with appropriately balanced aggressiveness, or we will fall behind in a hypercompetitive environment. We must continue to make the Flyers a destination program for athletes across the country and the world.
While the University will not broker or serve as matchmaker with third parties, you may contact Krystal Warren at kwarren2@udayton.edu for general questions related to evolving NCAA policy or the Executive Order.
As always, we thank you for your loyal support of Dayton athletics and know that you expect first-class, competitive programs that represent our University, our city and our community in the best possible way. Together, that’s what we expect to continue delivering.
Go Flyers!
Neil Sullivan
Vice President and Director of Athletics
Dear Flyer Fans, Partners, and Community,
This is an important time for college sports, perhaps once in a generation, with significant issues ranging from broad legalization of sports gambling to the "transfer portal" to the recent Supreme Court ruling against the NCAA in an antitrust case. Many of these issues will evolve over the coming months with an impact on the University of Dayton and its student-athletes.
I write to you today specifically about the name, image, and likeness (NIL) compensation of student-athletes.
Ohio Governor Mike DeWine signed an Executive Order on Monday, June 28, permitting college student-athletes to begin to receive compensation from third parties (but not from their home institution) for use of their name, image and likeness in endorsements or business activities without jeopardizing their NCAA eligibility. Foundational prohibitions on “pay-for-play” and recruiting inducements remain.
A full copy of the Executive Order can be found at this link.
The nuance and complexity of all NIL regulations prevent me from describing them fully, but in short, student-athletes may receive compensation for commercial endorsements, advertisements, personal appearances, autographs, camps/clinics and a variety of other business opportunities, provided the NIL activity is consistent with applicable law, including the Executive Order. There are some parameters outlined in the Executive Order, which largely tracks legislation that nearly passed the Ohio legislature last week.
For example, the Executive Order requires disclosure and institutional review of proposed NIL contracts. There are some potential areas of conflict with certain categories outlined, such as controlled substances, marijuana products, alcoholic products, tobacco, vapor products, gambling, etc. In addition, student-athletes may not enter into contracts providing compensation to the student-athlete for use of their NIL during official team
activities (games, practices, meetings, etc.). Their NIL endeavors are separate from organized team functions. Further, a student’s proposed NIL contract should not be in conflict with a provision of a contract to which the
University is a party.
Our coaches, staff and/or contractors will not broker deals for student-athletes or make financial promises to prospects in the recruiting process. Student-athlete business activities to earn outside income are managed independently from the University with their own representatives. University of Dayton or Dayton Flyer athletics-related marks and logos cannot be used, including all aspects of the uniform, unless such rights have been secured from the University through a written agreement.
However, we can and will provide educational programming to our students on NIL and associated regulations, including how they can provide value to the greater Dayton business community, in their hometowns and beyond. We must ensure the University of Dayton serves as a strong public relations platform for student-athletes to engage in NIL activity should they choose to do so.
If your organization, business or nonprofit can benefit from collaborating with University of Dayton student-athletes, please consider them in legitimate and fair market-based ways. We will and must ensure our students
have lawful opportunities in Dayton comparable to any other community.
While many of these changes appropriately modernize rules and intend to provide fundamental fairness for student-athletes, unintended consequences will result. We know some institutions and unscrupulous fans may create sham opportunities for students with inflated market values or ‘no show’ work, and include impermissible booster activity and recruiting inducements. As a community, we aim to comply with all NCAA, conference, state, and federal regulations related to NIL or any other area. Together, through legal, transparent and permissible means, we can aggressively support our students in marketing themselves. I believe our strong and loyal fan base, along with our market position, is advantageous relative to many other areas of the country, and my hope is that they display the highest ethics in that regard too.
The market reaction to these new laws and regulations remains a great unknown over the coming weeks and months. What is known is that we must face the new realities of college sports with appropriately balanced aggressiveness, or we will fall behind in a hypercompetitive environment. We must continue to make the Flyers a destination program for athletes across the country and the world.
While the University will not broker or serve as matchmaker with third parties, you may contact Krystal Warren at kwarren2@udayton.edu for general questions related to evolving NCAA policy or the Executive Order.
As always, we thank you for your loyal support of Dayton athletics and know that you expect first-class, competitive programs that represent our University, our city and our community in the best possible way. Together, that’s what we expect to continue delivering.
Go Flyers!
Neil Sullivan
Vice President and Director of Athletics
