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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Chapter 3376 | Collegiate Student Athletes

 
 
 
Section
Section 3376.01 | Definitions.
 

As used in this chapter:

(A) "Athlete agent" means an individual who holds a current and valid certificate of registration issued under section 4771.08 of the Revised Code or certificate of convenience issued under section 4771.09 of the Revised Code.

(B) "Institutional marketing associate" means any third-party entity that enters into a contract with, or otherwise acts on behalf of, a state institution of higher education, private college, or an institution's or college's intercollegiate athletics department. "Institutional marketing associate" does not include either of the following:

(1) A state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics;

(2) A staff member, employee, officer, director, manager, or owner of any of the entities described under division (B)(1) of this section.

(C) "Official team activities" means all games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by a state institution of higher education or private college, and other team-organized activities, regardless of whether the activity takes place on or off campus, including individual photograph sessions and news media interviews.

(D) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.

(E) "Student-athlete" means an individual who is eligible to participate in, participates in, or has participated in intercollegiate athletics for a state institution of higher education or private college. "Student-athlete" does not include an individual who participates in intramural athletics at a state institution of higher education or private college or who participates in professional athletics.

(F) "Third-party entity" means any individual or entity, including an athlete agent, other than a state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics.

(G) "Private college" has the same meaning as in section 3365.01 of the Revised Code.

Last updated February 19, 2025 at 11:00 AM

Section 3376.02 | Institutional prohibitions regarding student-athlete use of name, image, or likeness.
 

(A) No state institution of higher education or private college shall uphold any rule, requirement, standard, or other limitation that prevents a student-athlete of that institution or college from fully participating in intercollegiate athletics because the student-athlete does either of the following:

(1) Earns compensation as a result of the use of the student-athlete's name, image, or likeness or any other compensation related to the student-athlete's position on the roster of an intercollegiate athletics team;

(2) Obtains professional representation from an athlete agent or attorney.

(B) Earning compensation from the use of a student-athlete's name, image, or likeness, or obtaining professional representation from an athlete agent or attorney, shall not affect the student-athlete's scholarship eligibility or renewal.

Last updated February 21, 2025 at 11:25 AM

Section 3376.03 | Athletic authority prohibitions regarding use of name, image, or likeness.
 

An athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not do any of the following:

(A) Prevent a student-athlete of a state institution of higher education or private college from fully participating in intercollegiate athletics because the student-athlete does either of the following:

(1) Earns compensation as a result of the use of the student-athlete's name, image, or likeness or any other compensation related to the student-athlete's position on the roster of an intercollegiate athletics team;

(2) Obtains professional representation from an athlete agent or attorney.

(B) Prevent a state institution of higher education or private college from becoming a member of the athletic association, conference, or other group or organization or from participating in intercollegiate athletics sponsored by the athletic association, conference, or other group or organization because a student-athlete of that institution or college participating in intercollegiate athletics does either of the following:

(1) Earns compensation from the use of the student-athlete's name, image, or likeness or any other compensation related to the student-athlete's position on the roster of an intercollegiate athletics team;

(2) Obtains professional representation from an athlete agent or attorney.

(C) Consider a complaint, initiate an investigation, or take any adverse action against a state institution of higher education, private college, institutional marketing associate, or third-party entity for engaging in any conduct authorized under this chapter;

(D) Penalize a state institution of higher education, private college, or student-athlete, or prevent the institution, college, or student-athlete from participating in intercollegiate athletics, because another individual or third-party entity whose purpose includes supporting or benefiting the institution, college, or student-athlete violates a rule or regulation of the athletic association, conference, or other group or organization that addresses compensation for use of a student-athlete's name, image, or likeness.

(E) Prevent a state institution of higher education or private college from compensating a student-athlete for use of the student-athlete's name, image, or likeness or providing any other compensation related to the student-athlete's position on the roster of an intercollegiate athletics team;

(F) Prevent a state institution of higher education, private college, institutional marketing associate, or third-party entity from identifying, creating, facilitating, negotiating, supporting, assisting with, engaging with, or otherwise enabling opportunities for a student-athlete to earn compensation for use of the student-athlete's name, image, or likeness.

Last updated February 19, 2025 at 11:01 AM

Section 3376.04 | Additional prohibitions regarding use of name, image, or likeness.
 

No state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall do any of the following:

(A) Prevent a student-athlete from earning compensation for use of the student-athlete's name, image, or likeness if the student-athlete earns that compensation in accordance with this chapter;

(B) Prevent a student-athlete from obtaining professional representation from an athlete agent or attorney;

(C) Interfere with or prevent a student-athlete from fully participating in intercollegiate athletics because the student-athlete obtains professional representation from an athlete agent or attorney.

(D) Enter into, renew, or modify any agreement that prohibits a student-athlete from earning compensation for use of the student-athlete's name, image, or likeness while the student-athlete is engaged in activities that do not relate to academic, athletic department, or official team activities.

Last updated February 19, 2025 at 10:46 AM

Section 3376.06 | Student-athlete contract limitations; contract disclosure and review.
 

(A) A state institution of higher education's or private college's contract with a student-athlete shall not prevent the 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.

(B) 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 that requires the student-athlete to display a sponsor's product, or otherwise advertise for a sponsor, if that requirement is in conflict with a provision of a contract to which a state institution of higher education or private college is a party.

(C)(1) A student-athlete who intends to enter into a verbal or written contract providing compensation to the student-athlete for use of the student-athlete's name, image, or likeness shall disclose the proposed contract to an official of the state institution of higher education or private college for review by the institution or college. The institution or college shall designate an official to whom the student-athlete is to disclose the proposed contract.

(2) If a state institution of higher education or private college identifies a conflict between the proposed verbal or written contract described in division (C)(1) of this section and any existing provisions of a contract to which the institution or college is a party, the institution or college shall communicate to the student-athlete the relevant contract provision that is in conflict. The student-athlete shall not enter into the proposed contract, but the student-athlete may negotiate a revision to the proposed contract to avoid the conflict. The revised proposed contract is subject to review by the institution or college to ensure compliance with this chapter.

(3) Any contract, proposed contract, or related documentation disclosed to a state institution of higher education or private college under this section is confidential and not a public record for purposes of section 149.43 of the Revised Code.

(D) A state institution of higher education or private college may establish reasonable policies or standards to address a student-athlete's failure to provide the disclosure required under this section or any other failure to comply with the requirements of this chapter.

Last updated February 21, 2025 at 11:25 AM

Section 3376.07 | Certain contracts may be prohibited.
 

A state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics may prohibit a student-athlete from entering into a contract providing compensation to the student-athlete for use of the student-athlete's name, image, or likeness if under the contract the student-athlete's name, image, or likeness is associated with any of the following:

(A) Any company that manufactures, markets, or sells, or brand that is associated with, a controlled substance, marihuana product, medical marijuana product, alcoholic product, tobacco product, electronic smoking device, vapor product, or product or device that consists of or contains nicotine that can be ingested into the body;

(B) Any medical marijuana cultivator, processor, laboratory, or retail dispensary licensed under Chapter 3796. of the Revised Code or under the laws of another state;

(C) Any business engaged in the sale, rental, or exhibition for any form of consideration of adult entertainment that is characterized by an emphasis on the exposure or display of sexual activity;

(D) Any casino or entity that sponsors or promotes gambling activities;

(E) Any other category of companies, brands, or types of contracts that are similar to those described in divisions (A) to (D) of this section that the institution or college communicates to the student-athlete before the student-athlete enrolls at the institution or college.

Last updated February 18, 2025 at 4:35 PM

Section 3376.08 | Limitations on chapter applicability.
 

Nothing in this chapter does any of the following:

(A) Requires a state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics to identify, create, facilitate, negotiate, or otherwise enable opportunities for a student-athlete to earn compensation for use of the student-athlete's name, image, or likeness or any other compensation related to the student-athlete's position on the roster of an intercollegiate athletics team;

(B) Establishes or grants to a student-athlete any right to use the name, trademarks, services marks, logos, symbols, or any other intellectual property, regardless of whether the intellectual property is registered with the appropriate authority, that belong to a state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics, to further the student-athlete's opportunities to earn compensation for use of the student-athlete's name, image, or likeness or any other compensation related to the student-athlete's position on the roster of an intercollegiate athletics team;

(C) Limits the rights of a state institution of higher education or private college to establish and enforce any of the following:

(1) Academic standards, requirements, regulations, or obligations for its student-athletes;

(2) Team rules of conduct or other rules of conduct;

(3) Standards or policies regarding the governance or operation of or participation in intercollegiate varsity athletics;

(4) Disciplinary rules and standards generally applicable to all students of the institution or college.

Last updated February 19, 2025 at 11:02 AM

Section 3376.09 | Institutional support for student-athlete compensation.
 

(A) A state institution of higher education or private college may do either of the following:

(1) Except as provided in division (B) of this section, compensate a student-athlete for use of the student-athlete's name, image, or likeness;

(2) Provide money, assets, resources, opportunities, services, or other benefits to an institutional marketing associate or third-party entity to incentivize it to facilitate opportunities for a student-athlete to earn compensation for use of the student-athlete's name, image, or likeness.

(B) No state institution of higher education or private college shall use any fees paid to the institution or college by or on behalf of students attending that institution or college to compensate a student-athlete for use of the student-athlete's name, image, or likeness.

Last updated February 21, 2025 at 11:25 AM

Section 3376.10 | Student-athlete use of institutional property.
 

Except as authorized by a state institution of higher education or private college, no student-athlete, to further the student-athlete's opportunities to earn compensation for use of the student-athlete's name, image, or likeness, shall use any of the following that belong to the institution or college:

(A) Facilities;

(B) Equipment;

(C) Apparel;

(D) Uniforms;

(E) Intellectual property, including logos, indicia, products protected by copyright, and registered or unregistered trademarks.

Last updated February 21, 2025 at 11:26 AM

Section 3376.11 | [Former R.C. 3345.56, amended and renumbered by H.B. 315, 135th General Assembly, effective 4/3/2025] Student-athlete employment status.
 

Notwithstanding any provision of the Revised Code to the contrary, a student-athlete attending a state institution of higher education or private college is not an employee of the institution or college based upon either of the following:

(A) The student-athlete's participation in an athletic program offered by the institution or college;

(B) The institution or college compensating the student-athlete for use of the student-athlete's name, image, or likeness.

Last updated March 10, 2025 at 4:01 PM

Section 3376.12 | Remedies and immunities.
 

(A) A student-athlete alleging that the student-athlete has been injured because a state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics has violated this chapter may maintain an action in any court of competent jurisdiction to seek injunctive relief.

(B) A state institution of higher education, private college, institutional marketing associate, or third-party entity alleging that an athletic association, conference, or other group or organization with authority over intercollegiate athletics has subjected the institution, college, associate, or entity to any actual or threatened complaint, investigation, penalty, or other adverse action for engaging in any conduct authorized under this chapter may maintain an action in any court of competent jurisdiction to seek injunctive relief.

(C) No employee of a state institution of higher education, private college, institutional marketing associate, or third-party entity is liable for any damages that result from a student-athlete's inability to earn compensation for use of the student-athlete's name, image, or likeness because of a decision or action that routinely occurs in the course of intercollegiate athletics.

Last updated February 21, 2025 at 11:26 AM

Section 3376.13 | Contracts with minor student-athletes.
 

No student-athlete who is less than eighteen years of age shall enter into a contract that provides the student-athlete with compensation for use of the student-athlete's name, image, or likeness unless the contract includes the written consent of the student-athlete's parent, guardian, or custodian for the student-athlete to enter into the contract.

Last updated February 21, 2025 at 11:26 AM