Throw the Flag is showing that University of South Carolina’s freshman defensive standout Jadeveon Clowney is likely running afoul of NCAA by-laws prohibiting the use of a student-athlete’s likeness to promote a business or for-profit enterprise. Here’s a flyer for a Christmas-season birthday party hosted by the Gamecocks’ own Cee Cee Whitlock & JaDeveon “Doo Doo” Clowney.”
The NCAA by-laws apparently being violated here:
The rules in question are 184.108.40.206 and 220.127.116.11, respectively:
18.104.22.168 Advertisements and Promotions After Becoming a Student-Athlete. After becoming a student-athlete, an individual shall not be eligible for participation in intercollegiate athletics if the individual:
(a) Accepts any remuneration for or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind; or
(b) Receives remuneration for endorsing a commercial product or service through the individual’s use of such product or service.
22.214.171.124 Use of a Student-Athlete’s Name or Picture Without Knowledge or Permission. If a student-athlete’s name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to promote a commercial product sold by an individual or agency without the student-athlete’s knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics. Such steps are not required in cases in which a student-athlete’s photograph is sold by an individual or agency (e.g., private photographer, news agency) for private use.
Statements obtained by IBCR from the NCAA indicate that while this may be a technical violation of rules implemented to prevent businesses from exploiting student-athletes’ athletics reputation, there is rarely an eligibility consequence if the student-athlete doesn’t know or permit the activity and he or the school take steps to end it. “There would be no eligibility consequences for the student-athlete as long as they did not have any knowledge and the school issues a cease and desist notice,” NCAA spokeswoman Stacy Osburn told IBCR last August, in connection with the T-Town Menswear non-story.
IBCR has also reviewed summaries for nearly two dozen cases similar to the Clowney (and TTMW) story. The case summaries were provided as a courtesy by Dr. Anastasios Kaburakis, Assistant Professor of Management and Sports Business in the John Cook School of Business at
Saint Louis University.
Not one of them produced permanent losses of eligibility or major infractions cases against the schools involved.
Nevertheless, Throw the Flag’s find is significant in that South Carolina recently admitted to a series of major infractions in connection with an improper benefits case involving lodging and other violations, and is considered a repeat violator under NCAA by-laws.