Q: May student-athletes wear Upstate gear or use USC Upstate’s facilities while engaging in NIL activities?
A: No. South Carolina’s NIL law prohibits student-athletes from using USC Upstate’s marks or facilities while engaging in NIL activities.
Q: Are student-athletes required to disclose NIL agreements to USC Upstate?
A: Yes. South Carolina’s NIL law requires agreements to be disclosed. USC Upstate’s student-athlete disclosure can be found here:
NIL Disclosure Form
Q: Does South Carolina’s NIL law allow student-athletes to own and operate their own businesses?
A: Yes. Student-athletes may own and operate their own businesses provided that the other requirements of South Carolina’s NIL law are followed.
Q: Can student-athletes engage in NIL activities during team activities?
A: No. Student-athletes are prohibited from engaging in NIL activities during competition and team activities.
Q: Can a student-athlete endorse or promote anything that he or she wants to?
A: No. Student-athletes are prohibited from entering into NIL agreements that endorse tobacco, alcohol, illegal substances, sports betting, gambling or adult entertainment products or services.
Q: Do student-athletes incur any financial obligations when they enter into an NIL agreement?
A: Possibly. Student-athletes should be aware that NIL agreements may create income tax obligations and affect Pell grants. Additionally, Visa restrictions prohibit international students from engaging in NIL activities at the present time.
Q: Can student-athletes miss class time to pursue NIL opportunities?
A: No. South Carolina’s NIL law prohibits student-athletes from missing class time to pursue NIL opportunities. Additionally, student-athletes must remain in good academic standing in order to participate.
Q: Can USC Upstate employees help student-athletes find NIL opportunities?
A: No. Under South Carolina law, USC Upstate employees (including coaches and athletic department staff) are prohibited from facilitating NIL opportunities or payments.
Q: Can student-athletes seek professional advice regarding NIL opportunities or hire professionals to solicit NIL opportunities?
A: Yes. Student-athletes are allowed to obtain advice from agents, attorneys and financial planners for NIL purposes. If the professional is an agent, the agent must be registered, and if the professional is an attorney, the attorney must be a member in good standing with a state bar association. Additionally, the advice received must be for NIL purposes only and not for the purposes of representing the student-athlete on a professional sports contract.
