(1) As used in this section:

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(a) ‘Athletic association, conference or organization with authority over intercollegiate sports’ includes the National Collegiate Athletic Association.

(b) ‘Post-secondary institution of education’ means:

(A) A public university listed in ORS § 352.002.

(B) An Oregon-based, generally accredited, private institution of higher education.

(c)(A) ‘Student’s rights’ means the rights of a student enrolled in a post-secondary institution of education to earn compensation for use of the student’s name, image or likeness and to contract with and retain professional representation or an athlete agent.

(B) ‘Student’s rights’ does not include a right to receive compensation from a post-secondary institution of education.

(2) Except as provided in this section, a post-secondary institution of education or an athletic association, conference or organization with authority over intercollegiate sports may not:

(a) Prohibit, prevent or restrict a student athlete from exercising the student’s rights.

(b) Penalize or retaliate against a student athlete for exercising the student’s rights.

(c) Prohibit a student athlete from participating in an intercollegiate sport for exercising the student’s rights.

(d) Impose an eligibility requirement on a scholarship or grant that requires a student athlete to refrain from exercising the student’s rights.

(e) Prohibit a student athlete from receiving food, drink, lodging or medical expenses or insurance coverage from a third party as compensation for use of the student’s name, image or likeness.

(3)(a) A student athlete may not enter into a contract that provides compensation to the student athlete for use of the student athlete’s name, image or likeness if terms of the contract conflict with the student athlete’s team rules or with terms of a contract entered into between the student athlete’s post-secondary institution of education and a third party, except neither the team rules nor a contract entered into between the post-secondary institution of education and a third party may prevent a student athlete from earning compensation for use of the student athlete’s name, image or likeness when not engaged in official team activities, including participating in or being part of an advertisement that was created while not engaged in official team activities but that may otherwise be broadcasted, displayed or disseminated at any time.

(b) A student athlete who enters into a contract that provides compensation to the student athlete for use of the student athlete’s name, image or likeness shall disclose the contract to an official of the post-secondary institution of education designated by the institution if the student athlete is a team member or, if the student athlete is not a team member, at the time the student athlete seeks to become a team member.

(c) If the post-secondary institution of education asserts that the terms of the contract conflict with the team rules or with terms of a contract entered into between the student athlete’s post-secondary institution of education and a third party, the institution shall disclose the specific rules or terms asserted to be in conflict to the student athlete or to the student athlete’s professional representative or athlete agent if the student athlete is represented.

(4) A post-secondary institution of education or an athletic association, conference or organization with authority over intercollegiate sports may not provide to a prospective or current student athlete compensation for use of the student athlete’s name, image or likeness.

(5) A student athlete may not contract with or retain a person as the student athlete’s professional representative or athlete agent, if the person represented a post-secondary institution of education at any time in the preceding four years.

(6) Nothing in this section prohibits a post-secondary institution of education from establishing or enforcing a conduct code that is applicable to all students enrolled at the institution. [2021 c.422 § 1]