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Regents Adopt Student Athletes’ Name-Image-Likeness Policy




News Release

Contacts: Janelle Toman, Director of Communications


Tracy Mercer, Information Research Analyst



Telephone: (605) 773-3455

Fax: (605) 773-5320







FOR IMMEDIATE RELEASE:  Thursday, August 5, 2021


Regents Adopt Student Athletes’ Name-Image-Likeness Policy


PIERRE, S.D. – The South Dakota Board of Regents has adopted policy to govern the commercial use of student athletes’ name, image, and likeness at the six public universities the board oversees.


The policy establishes a basic framework under which the universities and their student athletes may operate, subject to any further regulatory action on the topic. The policy applies to student athletes attending Black Hills State University, Dakota State University, Northern State University, South Dakota School of Mines & Technology, South Dakota State University, and the University of South Dakota.


Regents’ officials noted that South Dakota has not enacted any state laws specific to the use of athletes’ name, image, and likeness. A U.S. Supreme Court decision in June, followed by adoption of policy by the National Collegiate Athletic Association (NCAA), brought about Thursday’s action by the regents.


The regents’ policy recognizes that student athletes are entitled to commercial use of their name, image, and likeness to externally promote their own business; promote a corporate entity; establish their own professional sports service, such as a camp or clinic; make appearances or sign autographs and receive compensation; and conduct similar activities.


The policy further states that student athletes may be represented by an agent, but must refrain from receiving compensation in exchange for their athletic performance, participation, or inducement for enrollment. Arrangements involving student athletes also may not violate existing institutional sponsorship agreements.


More information about the board’s policy, Student-Athlete Commercial Use of Name, Image and Likeness, may be found at this link.