2023 New York Laws › EDN - Education › Title 7 - State and City Colleges and Institutions-Cornell University › Article 129-A - Regulation by Colleges of Conduct on Campuses and Other College Property Used for Educational Purposes › 6438-C - Student-Athlete Compensation.

§  6438-c.  Student-athlete  compensation. 1. For the purposes of this
section:
(a) "student-athlete" shall mean (i) a student enrolled at  a  college
and  participating  in  intercollegiate athletics, or (ii) an individual
who has completed at least  their  sophomore  year  of  high  school  or
international  equivalent  and  is  eligible,  or  may  in the future be
eligible,  to  attend  a  college  and  participate  in  intercollegiate
athletics.  Such  term  shall  not  include  an  individual  permanently
ineligible  to  participate   in   a   particular   interscholastic   or
intercollegiate sport; and
(b)  "team  contract"  shall  mean  any  written  agreement  between a
student-athlete and a college, or division, department, program or  team
thereof,  which  includes goals and objectives, standards, prohibitions,
broadcast,  advertising  or  marketing  rights  or  consents,  rules  or
expectations applicable to the student-athlete.
2.  (a) A college shall not uphold any rule, requirement, standard, or
other  limitation  that  prevents   a   student-athlete   from   earning
compensation  pursuant  to  this  section  as a result of the use of the
student-athlete's name, image, or likeness.
(b)  An  athletic  association,  conference,   or   other   group   or
organization  with  authority over intercollegiate athletics, including,
but not limited to, the National Collegiate Athletic Association (NCAA),
shall not prevent a student-athlete from earning  compensation  pursuant
to  this  section  as a result of the use of the student-athlete's name,
image, or likeness.
(c)  An  athletic  association,  conference,   or   other   group   or
organization  with  authority over intercollegiate athletics, including,
but not limited to, the NCAA, shall not  prevent  a  college  from:  (i)
participating  in  intercollegiate  athletics  as a result of allowing a
student-athlete pursuant to this section from earning compensation as  a
result  of the use of the student-athlete's name, image, or likeness; or
(ii) identifying, facilitating, enabling,  or  supporting  opportunities
for  a  student-athlete  to  earn compensation for the student-athlete's
name, image, or likeness.
(d)  An  athletic  association,  conference,   or   other   group   or
organization  with  authority over intercollegiate athletics, including,
but not limited to the NCAA, shall  not  and  shall  not  authorize  its
member institutions to:
(i)  prevent a college from participation in intercollegiate athletics
because a student-athlete in attendance has previously earned or intends
to earn compensation for the use of his or her name, image, or likeness;
(ii) entertain a complaint, open an investigation, or take  any  other
adverse  action against a college for engaging in any activity protected
in this section or for involvement in a student-athlete's  name,  image,
or likeness; or
(iii)   penalize   or   prevent   a   college  from  participation  in
intercollegiate athletics because an individual or entity whose  purpose
includes  supporting or benefitting the college or its athletic programs
or student-athletes violates the collegiate athletic association's rules
or regulations with  regard  to  a  student-athlete's  name,  image,  or
likeness.
3.  A  college,  athletic  association,  conference, or other group or
organization with authority over  intercollegiate  athletics  shall  not
provide  a  prospective student-athlete with compensation in relation to
the student-athlete's name, image, or likeness.
4. (a) A college, athletic association, conference, or other group  or
organization  with  authority  over  intercollegiate athletics shall not
prevent a student-athlete from obtaining professional representation  in

relation  to  name,  image,  or  likeness  contracts  or  legal matters,
including, but not limited to, representation provided by athlete agents
or legal representation provided by attorneys.
(b) Professional representation obtained by a student-athlete shall be
from  persons  registered  and/or  licensed  by  the state. Professional
representation provided by athlete agents shall be by persons registered
pursuant to article thirty-nine-E of the  general  business  law.  Legal
representation  of  student-athletes  shall  be  by  attorneys  licensed
pursuant to article fifteen of the judiciary law.
(c) Athlete agents representing student-athletes shall comply with the
federal Sports  Agent  Responsibility  and  Trust  Act,  established  in
chapter   104   of  title  15  of  the  United  States  Code,  in  their
relationships with student-athletes.
5. A scholarship from  the  college  in  which  a  student-athlete  is
enrolled  that  provides the student-athlete with the cost of attendance
at that college is not compensation for purposes of this section, and  a
scholarship shall not be revoked due to earning compensation as a result
of  the use of the student-athlete's name, image, or likeness, or due to
obtaining legal or athletic agent representation in  relation  to  name,
image, or likeness matters.
6.  (a)  A  student-athlete  shall not enter into a contract providing
compensation to the student-athlete for  use  of  the  student-athlete's
name,  image,  or  likeness  if  a  provision  of  the contract causes a
conflict pursuant to paragraph (d) of this subdivision.
(b)  A  student-athlete  who  enters   into   a   contract   providing
compensation  to  the  student-athlete  for use of the student-athlete's
name, image, or likeness shall  disclose  the  contract  in  advance  of
executing  it  to  an  official  of  the  college,  as designated by the
college.
(c) A college asserting a conflict pursuant to paragraph (a)  of  this
subdivision    shall    disclose   to   the   student-athlete   or   the
student-athlete's  legal   representation   the   relevant   contractual
provisions that are in conflict; provided, however, that a college shall
not  be required to disclose any financial terms of such contract unless
otherwise required by applicable law.
(d) A college asserting a conflict pursuant to paragraph (a)  of  this
subdivision  may  assert  a  conflict  based on, but not limited to, the
following grounds:
(i) the proposed contract would cause the student-athlete  to  violate
the team contract; or
(ii)  the proposed contract would cause the student-athlete to violate
the college's student handbook or code of conduct; or
(iii) the proposed contract would conflict with an  existing  contract
or sponsorship the college participates in; or
(iv)  the  proposed  contract  would  reasonably  be  judged  to cause
financial loss or reputational damage to the college; or
(v) the proposed contract would require actions by the student-athlete
during team activities; or
(vi)  the   proposed   contract   would   require   actions   by   the
student-athlete during scheduled classes; or
(vii)  the  proposed  contract  would  use  the college's name, brand,
copywritten materials, trademarks, service  marks,  symbols,  nicknames,
trade  dress,  insignia, mascot, uniform styles, colors, imagery, campus
landmarks, or any other intellectual property or indicia; or
(viii) the proposed contract  would  require  the  student-athlete  to
display a sponsor's product, logo, brand, or other indicia, or otherwise
advertise for a sponsor, during official team activities; or
(ix)  the  proposed  contract  would  require  the  student-athlete to
display a sponsor's product, logo, brand or other indicia, or  otherwise
advertise  for  a  sponsor at any time, and such sponsor is a competitor
of, or offers products or services within the same category as a sponsor
of the college.
7.  A  team  of  a  college's  athletic  program  shall  not prevent a
student-athlete  from  using  the  student-athlete's  name,  image,   or
likeness  for  a  commercial  purpose  when  the  student-athlete is not
engaged in official team activities, except where there  is  a  conflict
pursuant  to  paragraph  (d)  of  subdivision six of this section or any
other prohibition in this section.
8. Each college athletic program that participates in Division 1  NCAA
athletics  shall offer a student-athlete assistance program or programs,
designed  to  provide  student-athletes  participating  in  Division   1
athletics  with  tools aimed to enhance their well-being and experiences
in the classroom, off the field of play,  and  beyond  their  tenure  as
student-athletes. The student-athlete assistance program may include but
not be limited to:
(a)   a   dedicated   financial   distress  fund  that  would  support
student-athletes in times of financial  need.  Disbursements  from  such
fund are not compensation for the purposes of this section;
(b)  access  to  ongoing  mental  health  support services provided by
counselors  specially  trained  to  understand  the  unique  issues  and
pressures student-athletes confront;
(c) access to broad-based financial literacy training, with a specific
emphasis  on  the issues and opportunities relevant to student-athletes,
during and beyond their tenure at the college;
(d) a  degree  completion  assistance  program  that  provides  former
student-athletes  who  disenrolled  from  the  college  in good academic
standing and who earned the  NCAA  Academic  Progress  Rate  eligibility
point  for  Division  I  institutions,  before  completing their degree,
access to need-based financial aid and counseling assistance required to
support undergraduate degree completion;
(e)  access  to  training  regarding  sex-based   discrimination   and
harassment  that  ensures student-athletes fully understand their rights
and responsibilities under the law, including how to make  a  report  of
discrimination or harassment on their campus;
(f)  access  to  leadership  training that will set the conditions for
student-athletes to become  successful  leaders,  improve  communication
skills, make positive decisions, and manage conflict; and
(g)  access  to  a  career  development  program, positioned to assist
student-athletes in transferring the valuable  skills  developed  during
intercollegiate  athletic  participation,  to  a successful post-college
career.
* NB There are 2 § 6438-a's