MISSOULA — The University of Montana came under the spotlight recently when student-athletes were offered name, image and likeness (NIL) deals to endorse U.S. Sen. Jon Tester.
NIL deals happen when a student enters into a partnership with a company or organization to advertise a company or product in exchange for some sort of compensation — typically money.
What happened at the University of Montana was that all student-athletes received an offer from a political organization — Montana Together — to use their name, image and likeness in exchange for money to create videos endorsing Sen. Tester.
No students reported taking the deal, although students are not required to report any deals under $600 in value.
Sen. Tester’s spokeswoman Monica Robinson told MTN News that the email did not come from the senator's office or campaign. In a statement to MTN, Tester’s office stated, “The campaign had no knowledge of these actions from an outside group, and we are not in communication with them.”
The offer went through the University of Montana and is within UM's policy of what is allowed for NIL deals.
“So the way that name, image, (and) likeness works and through our policy here at the University of Montana is a third party organization can reach out to the university and make an opportunity available to our student-athletes, whether that's a segmented opportunity or an opportunity for all of our athletes," UM spokesman Dave Kuntz explained.
"And then that opportunity is then dispersed digitally to the athletes and then the onus is on the athlete to then reach out to the organization and enter into some sort of partnership.”
An organization called Opendorse was the third party that reached out to the university, after Montana Together approached Opendorse seeking NIL deals with University of Montana student-athletes to endorse Sen. Tester.
Montana Together has in the past worked with various social media influencers, often going through the organization People First, according to one influencer that MTN corresponded with.
The posts that the influencers have shared largely support democratic initiatives although the organization itself has little information publicly available. It is unclear what party affiliation the organization has.
The University of Montana’s policy for what cannot be endorsed include tobacco, marijuana, gambling, and performance-enhancing drugs; political NIL endorsements are allowed under university policy.
NIL deals have only been around for three years in Montana and the landscape of such deals is still solidifying on how they work and what organizations and companies are looking to have deals with student-athletes.
Ellie Boldman, a state senator from Missoula, was the sponsor of the bill that allowed NIL deals to exist in Montana. She explained to MTN what student-athletes are allowed to endorse.
“A student-athlete has a right to be paid for their name, image and likeness however a private company or private entity wants to pay them. So I think whether that’s their opinion, their endorsement, and their opinion on anything really. Their First Amendment right to believe and support anything that they believe in and support — I suppose is absolutely fair game” said Boldman.
For the University of Montana, navigating NIL deals in an election year is a new element and they are still learning how to best approach political deals for both the university and their students.
“We are in Year 3 of NIL, this is something that just came to be in 2021 following the court decision. This is the first major election year we’ve had NIL in place so we know we’re going to learn each year this these opportunities. Ultimately we drive our decisions about what’s best for the student-athletes, whether it's creating opportunities for them to put some bucks in their pockets or making sure that they’re doing right in a morally and ethically engaged manner," Kuntz said
"And so, we will review these policies and make changes where we see fit but we also have a responsibility to make opportunities available to the student-athletes and do so in a way that’s consistent with the freedom of expression and our First Amendment responsibilities."
For students at the University of Montana, political organizations becoming involved in student athletics is concerning stated Kuntz.
MTN reached out to Montana Together several times for a statement but it had yet to respond at the time of publishing.
