NIL Monitoring by Gray Analytics™:
Compliance Monitoring for Name, Image, & Likeness Activities
NIL Monitoring by Gray Analytics™ can help collegiate athletic departments and compliance offices navigate the shifting landscape – and landmines – of every NIL opportunity so that athletes remain eligible and enjoy the benefits of NIL compensation, and the university can have the due diligence and oversight that the NCAA requires.
The National Collegiate Athletic Association (NCAA) published interim legislation, which took effect on July 1, 2021, regarding the pursuit of NIL compensation by prospective and current student-athletes. This left collegiate athletic departments and compliance offices with the enormous challenge to develop NIL policies for their student-athletes as well as ensure that the NIL activities in which they engage comport with those policies, the law, and continued NCAA regulations. All of the common compliance conundrums in which colleges and universities typically navigate for prospective and current student-athletes remain NCAA policy, the violation of which could result in penalties for both the student-athlete and the member institution.
“No university, athletic department, or compliance office should navigate the NIL landmines alone. NIL Monitoring by Gray Analytics™ offers the reassurance of compliance and the advantage of experience.”
– Jay E. Town, Vice President & General Counsel At Gray Analytics
Former U.S. Attorney for the Northern District of Alabama
As university athletic departments and compliance offices navigate the minefields of Name, Image, and Likeness (NIL), it is abundantly clear that monitoring NIL opportunities and activities is a complex, laborious, and tremendously important function. NIL activities present great opportunities for student-athletes, but they also present great challenges to efficiently ensuring compliance. Gray Analytics has the advantage in that it has experience monitoring much more complex situations than NIL. NIL Monitoring by Gray Analytics™ is an online solution which offers ease for the student-athlete, efficiency for the compliance office, and assurance of compliance with NIL policies, NCAA bylaws, and any applicable laws.
How Gray Analytics Can Help
The NIL Monitoring by Gray Analytics™ solution ably and effectively provides compliance offices, athletic departments, or their outside counsel an agnostic, universal, and collective review of the university’s NIL policy, relevant statutes, and NCAA bylaws to ensure the compliance of every NIL. The online portal is easy for the student-athlete to use, asks pointed, but necessary questions about the NIL opportunity, and allows the student-athlete to upload the contract for comparative compliance review. Once the compliance analysis is completed, an agnostic report is made to the NIL designee for the university for their ease of review. This is the ultimate in NIL compliance due diligence.
Our staff understands the criticality of ensuring compliance with NIL activities, both for the university and the student-athlete. The NIL Monitoring by Gray Analytics™ solution offers an extensive suite of services to compliance offices, athletic departments, or their outside counsel, including:
- Assist in the development of a university’s NIL Policies
- Monitor all NIL Opportunities for a university, athletic department, compliance office, or outside counsel
- Provide an online portal for student-athletes to answer relevant, necessary, and pointed questions about a given NIL opportunity
- Review every NIL opportunity presented to a student-athlete to ensure compliance with NIL policies, NCAA regulations, and state/federal laws, to include an audit of any previously submitted and subsequently approved NIL contracts
- Constantly scrutinize the NIL landscape, to include legal or statutory developments across the nation and NCAA
- Amend the online portal as the NIL landscape evolves
- Compliment other applications or software that provide a network of NIL opportunities and activities to student-athletes
- Assist the university compliance office designee(s) with determining “fair market value” of any given NIL opportunity or activity
- Develop NIL Policy Counseling for universities, athletic departments, compliance offices, and student-athletes
- Produce reports to the university compliance office designee(s) regarding the review NIL opportunity, complete with an assessment of potential violations of NIL policies, NCAA bylaws, or state/federal laws
- Assist the university with investigating any breach of NIL policy or NCAA bylaw
- Provide the assurance that all compliance reviews will be conducted by a legal expert