Amend Bylaws Article VII, Section B, Items 6 and 8 as follows:

VII  SECTION B     ACTS PERMITTED BY NAIA AMATEUR CODE

The following acts will NOT cause an athlete to lose amateur standing.

. . .

  1. Participating in radio or television programs for the purpose of promoting an amateur athletic event. where no remuneration is provided.
  2. Receiving reasonable compensation for supervision of physical education, playground or recreational activities.
  3. Receiving reasonable compensation for use of name, image or likeness or picture to promote any commercial product or enterprise, or public or media appearance. It is the responsibility of the student-athlete to notify their institution’s athletics director in writing of any compensation the student receives from the use of their name, image or likeness in relation to their school or status as a student-athlete.if:

a.  There is no reference to the student’s intercollegiate athletic participation in any promotion of the product or enterprise;

b.  The use of the student’s name or picture in no way references any institution with which the student has established identification, including but not limited to the use of logos, marks or names; and

c.  Remuneration is consistent with standard rates for any individual participating in comparable promotional activities.

AND

Amend Bylaws Article VII, Section C as follows:

VII  SECTION C     RECOGNIZED AWARDS RECEIVED BY STUDENTS

The NAIA shall recognize the following award structure for awards directly resulting from place of finish or participation in athletics as conforming to the amateur regulations of this Association.

  1. Individual awards presented to a student in recognition of intercollegiate athletics participation, or other athletic participation occurring during an academic term in which the student is identified with an NAIA member institution, shall be approved by the member institution and conference, if applicable, and shall conform to the following requirements:

a.  All such awards must be of a personal nature (e.g. trophies, scholarship funds distributed in accordance with NAIA financial assistance rules, non-transferable clubhouse credits). Cash awards, cash equivalents or certificates redeemable for cash shall cause a student to lose amateur standing within the NAIA; and

b.  A student may receive more than one award while being recognized (e.g. a first-place team trophy and an outstanding-performer watch), but the value of each individual award shall not exceed $1,000.00, nor shall the combined value of all such awards exceed $1,500.00.

  1. An individual participating as a recognized amateur under the rules of a sport’s national governing body shall adhere to the amateur award regulations of the national governing body of that particular sport when the individual is not institutionally identified or when such events are held during the summer in which the individual is not representing an institution.

AND

Amend Bylaws Article VII, Section D as follows:

VII  SECTION D     ACTS THAT RESULT IN LOSS OF AMATEUR STANDING

The following acts will cause a student to lose amateur standing for participation in intercollegiate competition recognized by the NAIA in the sport in which any or all such acts occur.

. . .

  1. Receiving remuneration for a public or media appearance if the appearance makes reference to the student’s intercollegiate athletic participation in a given sport or any institution with which the student has established identification.
  2. Receiving remuneration for use of name or picture to promote any commercial product or enterprise If remuneration is based on the individual’s intercollegiate athletic participation in a given sport, or references with the use of marks, logos or names any institution with which the student has established identification.
  3. Entering into an agreement of any kind to compete in professional athletics, with either a professional sports organization. or with any individual or group of individuals authorized to represent the athlete with a professional sports organization.

Amendments to this section may be authorized and implemented by the Council of Presidents, in consultation with the National Coordinating Committee, if needed on an emergency basis. Such authority should only be invoked by the Council of Presidents if external factors – such as changes in state or federal law rendering compliance with NAIA amateurism regulations impossible – create a situation where action outside the normal legislative amendment process as described in Bylaws Article I, Section Z is necessary. If such emergency action is necessary, a proposal codifying the emergency action should be brought before the NAIA membership for consideration through the standard legislative procedure at the association’s next business meeting.

AND

Amend Bylaws Article IV, Section D, Items 4-6 as follows:

IV  SECTION D       NATIONAL COORDINATING COMMITTEE DUTIES

The National Coordinating Committee shall exercise authority in the following matters:

  1. Reviewing operational policies for approval or referral which were developed by the three councils. Those policies reserved in the Constitution and Bylaws to the Council of Presidents as the official governing body of the Association shall be excluded from this charge;
  2. Acting as the communications link between the National Administrative Council, the Council for Student-Athletes and the Council of Faculty Athletics Representatives;
  3. Acting on all requests for appeals arising from decisions of the National Eligibility Committee, the National Conduct and Ethics Committee, National Administrative Council, the Competitive Experience Committee, the Home School Committee, the NAIA Membership Committee, the National Drug Testing and Education Committee, and/or the Council of Faculty Athletics Representatives. The National Coordinating Committee’s decision on appeals is final, except for those decisions reserved for the Council of Presidents;
  4. Soliciting nominations for the at large position to the National Coordinating Committee under the approved guidelines and presenting the candidates to the membership for final selection at the annual meeting each year; and
  5. Acting upon requests for reinstatement of amateur status in accordance with established Association procedures, and review any failure by a student to uphold his or her notification responsibility per Article VII, Section B, Item 8.

The chair of the National Coordinating Committee shall also serve as an ex officio member of the Council of Presidents.

AND

Add Article VI, Section B, Item 11 as follows:

VI  SECTION B       INFRACTIONS

  1. Institutional Violation(s): An Administrative Error Not Requiring Forfeits

An administrative error is defined as an eligibility case where one or more students who were otherwise academically eligible were left off the official eligibility certificate, or where the filing of the official eligibility certificate was completed correctly but was filed after the date of first competition and within five days of the first contest. In such cases the following shall apply:

a.  Forfeitures shall not be required for contests in which improperly certified students who were otherwise eligible competed;

b.  Such institutions also shall receive an official warning for the first offense; and

c.  Repeated violations of certification procedures shall lead to an official reprimand and/or probation and/or suspension of the sport or of all sports sponsored in the affected program (men’s and/or women’s).

2. Institutional Violation(s): Use of Ineligible Athletes or Other Violations of NAIA Bylaws Regulations Which Require Institutional Forfeits

Forfeits are required in cases where the National Eligibility Committee or the affected institution has determined that a competing student was academically ineligible, an eligibility certificate was submitted over 5 days late, or other NAIA Bylaws regulations have been violated, other than administrative error(s) defined above.

. . .

11. Student-Athlete’s Failure to Report Name, Image, Likeness Compensation

A student-athlete receiving compensation for the use of his or her name, image or likeness to promote a commercial product or enterprise, or public or media appearance must report it in writing to his or her athletics director when such promotion includes reference to his or her status as a student-athlete or institution. Failure to do so shall result in an institutional self-report, to be reviewed by the National Coordinating Committee. The committee is empowered to review such violations and apply penalties as necessary, including but not limited to a warning or reprimand to the student-athlete, withholding the student from future competitions, and/or determining the student has lost his or her amateur status.

____________________________________________________________________________________________________

Intent: To permit student-athletes to receive compensation from use of their name, image or likeness when promoting a commercial product or enterprise, or for a public or media appearance, and also to allow individuals to represent student-athletes in these promotions or agreements with a professional sports organization. Special provision is included to provide the Council of Presidents the authority to amend these bylaws if necessary on an emergency basis. Require students to notify their athletics director of any name, image or likeness compensation received, and provide the National Coordinating Committee the authority to review a student’s failure to uphold this responsibility and apply penalties as necessary.

Effective Date: April 1, 2020

Submitted by: Association of Student-Athletes

Co-sponsored by: National Coordinating Committee

 

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