While Dayton 6th exists solely for the purpose of supporting student-athletes who wear Dayton Flyer jerseys, Dayton 6th is an independent entity and is NOT affiliated with the University of Dayton. We do work closely with and are aligned with the University on educational programming on name, image, and likeness and associated regulations, including compliance and disclosure elements. As a community, we will comply with all NCAA, conference, state, and federal regulations related to NIL or any other area.

Terminology frequently used to describe a legal concept known as “right of publicity.” Right of publicity involves situations where permission is required of a person to use their name, image (e.g., a picture or video), or likeness (e.g., a cartoon, avatar, or sculpture); the requirement of permission also means that the person whose name, image, or likeness (NIL) is being used may be paid for it.

The introduction of name, image, and likeness (NIL) compensation to student-athletes is one of the most significant changes in college athletics history. And we are only at the beginning.

In its brief history, NIL has become one of the primary influences on the student-athlete experience at EVERY school across the country. NIL now plays a significant role in the decisions of student-athletes.

We must face the new realities of college sports or we will fall behind in a hyper-competitive environment. We must continue to make the Flyers a destination program for athletes across the country and the world.

Per NCAA rules the University of Dayton is prohibited from providing compensation in exchange for the use of a student-athlete’s name, image, or likeness. Only independent individuals, entities, organizations, businesses, or nonprofits can pay student-athletes for NIL.

Dayton 6th was formed to allow fans from across the globe to pool investments and assemble their money in a common portfolio that is managed to the benefit of Dayton basketball programs. Philanthropy is the lifeblood of the athletic department, and we encourage all fans to maintain their level of philanthropic support to advance the basketball program.

Dayton 6th has been created as a nonprofit corporation, but it is not a 501(c)(3). This was based on the advice of legal and tax professionals. However, some individual and business contributions may be tax deductible as marketing expenses. Every individual’s circumstance is different, so we encourage you to consult with appropriate tax professionals to determine whether there may be tax benefits on your contribution.

Yes, in 2021 the NCAA adopted an interim name, image, and likeness (NIL) policy that allows student-athletes to be compensated for their NIL. Further, and amidst the backdrop of the Supreme Court’s ruling in National Collegiate Athletic Association (NCAA) v. Alston, the NCAA and states began enacting rules and laws allowing student-athletes to receive compensation for their name, image, and likeness without many legal and legislative restrictions.

Your contributions are invested in athletes who are making a meaningful impact on athletic programs and our community. Dayton 6th will “sell tickets,” hold the dollars in an account, and collaborate with local organizations and not-for-profits to leverage student-athletes for advertisements, promotions, and appearances.

Student-athletes will be paid directly by Dayton 6th and our partners for their work.

No. Although every student-athlete who is eligible to be compensated by Dayton 6th is compensated, the amounts vary. Each contract is based on the specific athlete and the requirements of the athlete under the contract. For example, an athlete who participates in a fan engagement experience may earn more compensation than an athlete who posts on social media. The academic schedules and athletic schedules for each student-athlete varies, so availability may also vary from one month to the next.

Our target is 90% of available funds, but this depends on a variety of factors. Dayton 6th a has variety of operating expenses which include costs related to IT, professional services, marketing materials, content creation (photography and videography), and fan engagement experiences.

From time to time, Dayton 6th incurs additional costs associated with specific one-time fees. The goal has been, and will always be, to get the most lucrative NIL deals to our beloved Dayton student-athletes.

In general, NIL activities are permitted as long they follow these four guidelines: (1) There must be “quid pro quo” associated with any NIL deal (a student-athlete must perform an activity in order to receive compensation); (2) the activity performed by the student-athlete cannot be tied to athletic performance (example: score 20 points, win a game, or receive a “player of the week” award) or enrollment at a specific school; (3) the activity cannot be tied to or involve any sort of recruiting inducement (example: an agreement for a student-athlete to commit to the University); and (4) institutions cannot provide compensation to student-athletes.

NCAA rules also require student-athletes to abide by any state laws or institutional policies.

All compensation provided by Dayton 6th will ensure there is adequate quid pro quo attached to the NIL deal and require a student-athlete to do an activity in order to receive compensation.

Some examples of NIL activity include: (1) Social media influencing and other online promotional activity, (2) Personal appearances at businesses, conferences, camps, parties, social events, etc., (3) Appearing in TV, radio, print advertisements, (4) Endorsements of a third-party, (5) Student-athlete-run camps and private lessons, (6) Paid autograph sessions, (7) Sale of student-athlete owned apparel and personal items, and (8) Student-athlete run businesses.

NIL involves the use of a student-athlete’s name, image, or likeness (“NIL”) for promotional purposes by a third-party not associated with the NCAA or an NCAA institution.

Yes. Executive Order Executive Order 2021-10D (signed June 28, 2021):

https://governor.ohio.gov/media/executive-orders/executive-order-2021-10d

Yes. The University of Dayton has a comprehensive policy providing guidance for Student-Athlete Name, Image, and Likeness Activity.

More information can be found here: https://daytonflyers.com/sports/2021/7/28/name-image-and-likeness.aspx

Dayton 6th is made possible by our supporters — America’s most passionate college basketball fans — YOU — the Flyer Faithful! Your contributions are invested in athletes who are making a meaningful impact on athletic programs and our community.

Dayton 6th coordinates with local non-profits and identifies opportunities for student-athletes to support community endeavors. Dayton 6th compensates the student-athlete for their work at no expense to the organization being served.

To date, the team at Dayton 6th has supported NIL opportunities for the likes of Learn to Earn Dayton, the Feast of Giving - an annual Thanksgiving tradition, Ohio Suicide Prevention Foundation (OSPF), local schools, and youth sports organizations.

No. NCAA rules related to the involvement of boosters in recruiting activities remain relevant. Specifically, NCAA rules preclude boosters from engaging in recruiting activities, including recruiting conversations, on behalf of a school.

We do not communicate (e.g., call, text, direct message) with a prospective student-athlete (PSA), a prospect’s family, or others affiliated with the prospect for a recruiting purpose or induce the PSA to attend UD. Per NCAA rules, our NIL agreements cannot be guaranteed or promised contingent on initial or continuing enrollment at the University of Dayton. However, if done correctly, the testimony and experience of our current student-athletes will successfully shape our ability to retain and recruit future students. By investing in our current student-athletes, prospects can see the power of our fan base, the support of our community, and the opportunities available to them.

Dayton 6th operates as a sports marketing firm representing athletes, brands, and loyal fans in partnership opportunities.

Today, Dayton 6th is focused primarily on Men's and Women's Basketball. As the NIL landscape continues to evolve, we continue to evaluate opportunities to incorporate additional athletic programs.

Fans or businesses interested in supporting non-basketball student-athletes under NIL are encouraged to reach out to the team at Dayton 6th. We welcome the opportunity to advise and/or provide support as needed.

Based on direct fan support and outreach requests, Dayton 6th has supported student-athletes from 6+ teams at the University of Dayton since launching Dayton 6th in 2022.

Yes. In fact, much of the early work by the team at Dayton 6th was in support of just this type of activity. We not only have the experience to support businesses of all sizes, we have a proven framework to facilitate these opportunities for the mutual benefit of student-athletes and businesses. We can even assist in ensuring compliance with the ever-changing NIL landscape.