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NC Board of Education to vote on NIL rules Thursday

The vote comes after the family of Grimsley QB Faizon Brandon sued the BOE over its NIL ban.

RALEIGH, N.C. — A little more than a week after we found out the family of Grimsley quarterback Faizon Brandon sued the N.C. Board of Education over its ban on NIL deals, the BOE is set to meet Thursday to vote on whether or not to implement new rules that would allow for these type of endorsements.

During part of the BOE's Wednesday meeting, the board went over a prospective set of NIL rules. Here is all we know.

Under the new NIL rules, student-athletes will be able to do the following things in exchange for compensation:

  • Public appearances or commercials
  • Autograph signings
  • Athletic camps and clinics
  • Sale of NFTs
  • Product or service endorsements
  • Promotional activities, including in-person events and social media advertisements.

The following are prohibited activities under the new proposed rules:

  • Referencing a school, PSU, conference or administering organization.
  • Receiving compensation for the use of intellectual property of a school, PSU, conference, administering organization or the NFHS.
  • Appearing in the uniform of the student's school or school sports team.
  • Endorsing or promoting the goods or services of a third party during athletic competition or other school activities.
  • Displaying the mark, logo, brand or other identifying insignia of a third party unless part of a standard uniform for the school or sport.

Athletes will be unable to endorse the following:

  • Adult establishments or entertainment services
  • Alcohol or alcoholic products
  • Tobacco, vaping or nicotine products
  • Cannabis or related products
  • Controlled substances
  • Opioids or prescription pharmaceuticals
  • Weapons, firearms or ammunition
  • Casinos or gambling, including sports betting
  • Activities that would disrupt the operations of the school or PSU.

In order for a student-athlete to receive compensation, they must:

  • Provide a copy of the NIL agreement to their head coach, athletic director, principal, local superintendent and chairperson of the local board.
  • Complete the NIL course through NFHS.

In terms of NIL contractual provisions:

  • The deal cannot condition compensation on quality of athletic performance.
  • Parent or legal guardian must be a party to the agreement if the student is under 18.
  • Must release PSU, administering organization, DPI and SBE from liability.
  • Must otherwise comply with state and federal law.

Rules for school employees and administrators:

  • School athletic directors are required to file copies of NIL agreements with the administering organization.
  • The administering organization must provide a summary report of all NIL agreements to the BOE annually.
  • Athletic directors, coaches or other PSU employees, as well as booster clubs and NIL collectives cannot promise an NIL deal in exchange for athletic participation or transfer to a school. They also can't act as an agent.

Make sure to follow WFMY News 2 tomorrow as the Board of Education decides whether or not to adopt these new rules.

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