Question 1

WHAT IS NIL?

Accepted Answer

NIL stands for “Name, Image, and Likeness” and specifically refers to the use of a student-athletes NIL through marketing and promotional endeavors.  Student-athletes at NCAA institutions have been allowed to monetize their NIL beginning as of July 1, 2021 following the Supreme Court’s ruling in NCAA v Alston(https://www.supremecourt.gov/opinions/20pdf/20-512_gfbh.pdf)

Question 2

WHAT ARE THE NCAA RULES REGARDING NIL

Accepted Answer

Generally speaking, all NIL activities are permitted provided they follow these four guidelines:
 • There must be quid pro quo attached to an NIL deal essentially requiring a student-athlete to do an activity in order to receive compensation.
 • That activity cannot be tied to athletic performance such as statistical achievements, wins, or awards.
 • That activity cannot be contingent upon the student-athlete committing to the university that the collective supports or tied to enrollment.
 • Institutions are not allowed to provide compensation in exchange for the use of a student-athletes NIL.
 • NCAA rules also require student-athletes to follow their state law or institutional policy if there is no existing state law governing NIL activities.

Question 3

WHAT IS AN NIL ACTIVITY?

Accepted Answer

An NIL activity involves the use of a student-athlete’s name, image, or likeness for promotional purposes by a third-party not associated with the NCAA or an NCAA institution such as:
 • Social media influencing and other promotions
 • Personal appearances at businesses, conferences, camps, parties
 • TV ads, radio ads, print ads
 • Endorsements of a third-party
 • Student-athlete-run camps and private lessons
 • Autographs
 • Sale of student-athlete owned apparel and personal items
 • Student-athlete run businesses

Question 4

WHAT IS A COLLECTIVE?

Accepted Answer

The term “Collective” is a term of art and carries with it no particular legal significance.  In a nutshell, an NIL Collective is a corporation independent of a university that pools funds from alumni, boosters and businesses to help facilitate NIL deals for athletes.

Question 5

WHAT IS THE MISSION OF THE GRAYED DANES LACROSSE COLLECTIVE?

Accepted Answer

The mission of the GRAYED DANES LACROSSE COLLECTIVE (GDLC) is to support other community based organizations by empowering our UAlbany student-athletes to monetize their name, image, and likeness (NIL). The Collective is overseen by an alumni board of directors. We are an approved 501(c)(3) tax exempt organization operating as a private foundation. The Collective coordinates with other not-for-profit organizations in New York State to identify opportunities for UAlbany student-athletes to support their mission. The Collective compensates our student-athlete for their work and advocacy at no expense to our community partners.

Question 6

WHAT ARE THE OPERATING CRITERIA OF THE GRAYED DANES LACROSSE COLLECTIVE?

Accepted Answer

We are first and foremost a need based organization.  The selection process takes place in conjunction with the coaching staff at the University at Albany.  A 2019 study conducted by the National College Players Association found that 86 percent of Division I college athletes live below the federal poverty line.  Due to their commitment to practices while striving to maintain their grades, student-athletes rarely have time to work a job outside of college.  Lacrosse is considered a non-revenue sport and Division I programs are limited to 12.6 athletic scholarships for the 50+ members of  the team.  According to a New York Times study, approximately 8% of all students at the University at Albany come from families with household incomes of $20,000 or less.  We have found over the years that due to the financial constraints and the time commitment that comes with participating in Division 1 athletics, certain student-athletes are faced with financial uncertainty.  This Collective was formed to help fill the gaps and provide financial stability for this group of students.

Question 7

DOES NEW YORK HAVE AN NIL STATE LAW?

Accepted Answer

Yes – The “New York collegiate athletic participation compensation act” was signed into law on November 21, 2022 which can be found here:  New York NIL Law(https://www.nysenate.gov/legislation/laws/EDN/6438-A*2)

Question 8

DOES UALBANY HAVE AN NIL POLICY?

Accepted Answer

Yes – UAlbany has a Name, Image and Likeness policy which can be found here: UAlbany NIL Policy(https://ualbanysports.com/documents/2022/12/21/UAlbany_NIL__INFLCR__FINAL_12.21.2022.pdf)

Question 9

IS THE GRAYED DANES LACROSSE COLLECTIVE AN ENTITY OF UALBANY?

Accepted Answer

No – The GDLC is a third-party entity that is unaffiliated with the University.

Question 10

HOW WILL THE GRAYED DANES LACROSSE COLLECTIVE BE GOVERNED AND ADMINISTERED?

Accepted Answer

The GDLC is governed by an all-volunteer alumni Board of Directors.

Question 11

ARE CONTRACTS WITH STUDENT-ATHLETES EXCLUSIVE?

Accepted Answer

No – our agreements are intentionally non-exclusive to enable student-athletes to continue to build their brand with opportunities outside of the GDLC.

Question 12

DO YOU HAVE INVESTORS WHO WILL PROFIT FROM THE GRAYED DANES LACROSSE COLLECTIVE?

Accepted Answer

No – the GDLC is a nonprofit corporation without any shareholders or investors. The aim of the GDLC is to keep operating costs as low as possible to maximize the benefit to charitable organizations and to maximize the opportunities available to student-athletes.

Question 13

DOES THE GRAYED DANES LACROSSE COLLECTIVE WORK WITH RECRUITS OR PROSPECTIVE STUDENT-ATHLETES?

Accepted Answer

No – In compliance with NIL regulations, the GDLC will not meet with, contact, offer a deal, etc. to any prospective student-athlete.  Until a student-athlete has signed their National Letter of Intent and is enrolled as a full time student at UAlbany, they will not be contacted by the GDLC.

Question 14

ARE DONATIONS TO THE GRAYED DANES LACROSSE COLLECTIVE TAX-DEDUCTIBLE?

Accepted Answer

Donations to the GDLC to support its charitable activities are tax deductible. The GDLC has received recognition as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code and operates as a private foundation within the meaning of Section 509(a) of the Internal Revenue Code. All donations are tax deductible.