Selah Heights Academy NIL Policy

Purpose

Selah Heights Academy (the “Institution”) recognizes the rights of student-athletes to benefit from their name, image, and likeness (NIL) in accordance with Georgia law, NCAA rules, and relevant governing bodies. This policy is designed to ensure transparency, compliance, fairness, and preservation of eligibility and institutional integrity.

Legal & Regulatory Context (Georgia)

Key elements of Georgia’s NIL laws/executive orders include:

  • Georgia’s HB 617 (2021) allows student-athletes at postsecondary institutions to earn compensation for use of their NIL. Baker Tilly+2AJC+2

  • Governor Brian Kemp’s executive order (Sept. 2024) grants Georgia colleges and universities the authority to directly compensate student-athletes for NIL and prohibits the NCAA or athletic conferences from sanctioning institutions for facilitating or offering such compensation. Parker Poe+2KSL+2

  • However, state‐allocated funds may not be used for NIL payments. Parker Poe+1

  • Compensation must be “commensurate with market value.” AJC+1

  • Institutions are required to provide resources such as financial literacy / life skills, allow representation by agents or attorneys in contract matters, and manage reporting of NIL agreements. AJC+1

Scope & Definitions

  1. Student-Athlete: Any enrolled student at Selah Heights Academy who participates in intercollegiate athletics.

  2. NIL Agreement / NIL Activity: Any contract, endorsement, promotional, or commercial activity by which a student-athlete receives compensation (monetary or otherwise) in exchange for use of their name, image, likeness, personal brand, or identity tied to their athletic status.

  3. Institutional NIL Funds: Funds controlled by Selah Heights used to pay student-athletes directly under NIL arrangements.

  4. Agent / Representative: An individual or entity representing the student-athlete in negotiation or execution of NIL agreements (attorney, certified agent, etc.).

Permissible NIL Activities

Student-athletes may engage in NIL Activities consistent with:

  • Agreements that offer compensation commensurate with market value for their name, image, and likeness.

  • The Institution may directly compensate student-athletes for NIL, as permitted under Georgia’s executive order, provided state-allocated funds are not used for such compensation. Parker Poe+213WMAZ+2

  • Student-athletes may enter external endorsement or promotional contracts with third parties, using their NIL. These may involve personal appearances, social media endorsements, sponsorships, etc.

  • Allowing student-athletes to engage legal/contract representation (agent/attorney) in connection with NIL deals. AJC+1

Prohibited or Restricted NIL Activities

To maintain compliance and eligibility, the following are prohibited or restricted:

  • Recruiting inducements: NIL compensation or opportunities may not be used to recruit prospective student-athletes or coerce enrollment decisions.

  • Pay-for-performance: Compensation may not be conditioned on specific athletic performance (e.g. “if you score X points”, “if you win Y games”).

  • Use of Institutional or NCAA IP without license: Student-athletes may not use the Institution’s trademarks, logos, uniforms, mascots, etc., unless there is a specific licensing agreement.

  • Use of state funds: Institutional NIL payments must not be drawn from funds allocated by the State of Georgia. Private, institutional, donor, booster, or non-state sources should fund NIL compensation. Parker Poe+213WMAZ+2

Oversight, Reporting, & Compliance

  1. Disclosure
    A student‐athlete must notify the appropriate NIL compliance officer (e.g. Athletic Director or equivalent) of any NIL Agreement entered into within [specified timeframe, e.g. within 7 days] of its execution. Include full contract copies.

  2. Review
    The Institution shall review NIL Agreements to ensure compliance with this policy, to verify there is no impermissible recruiting inducement, no use of institutional IP without authorization, and that compensation is market value.

  3. Financial Literacy & Training
    The Institution will offer periodic seminars or resources to student-athletes on financial literacy, tax obligations, contract law, brand/image management, etc.

  4. Eligibility & Discipline
    Failure to comply with this policy may result in loss of NIL privileges, discipline under the student code of conduct, or possibly loss of eligibility in the athletic program, depending on severity.

Institutional NIL Compensation Practices

  • Selah Heights may establish internal NIL funding mechanisms (e.g. sponsorship programs, licencing deals, institutional endorsements) so long as they adhere to legal constraints (non-state funds, market value, oversight).

  • The Institution may require or offer an option for student-athletes to contribute a portion of their NIL income into a shared fund (if desired), for redistribution under equitable terms, provided transparency and voluntary participation where required by law.

Additional Provisions

  • Conflicts of Interest: Any NIL Agreement that could conflict with the student-athlete’s makeup (e.g. conflicting obligations, Sponsor vs. Institutional partnerships) must be disclosed.

  • Contract Review: Student-athletes are encouraged to have contracts reviewed by legal counsel before signing.

  • Audit & Record Keeping: Maintain records of all NIL agreements, payments, and related documentation for auditing, conference (or other governing body) compliance, and tax purposes.