30 years ago, the world of college athletics looked very different than it does today; this year Keene State is starting to explore how its student-athletes can profit off of their name, image and likeness (NIL) as a DIII school.
In the past student-athletes were not able to profit off of their NIL because of The National Collegiate Athletic Association (NCAA).
The NCAA was created in 1906 saying its main purpose was, “to regulate the rules of college sport and protect young athletes,” according to its website.
Fast forward to 1973, divisions were created, giving collegiate athletes the structure we still use today: Division I, Division II and Division III.
Now, all collegiate athletes can profit from their NIL, including DIII athletes. Name image likeness deals have a higher effect on Division I and Division II schools because of their higher media coverage; however, Division III, including Keene State, has the opportunity to reap some of the benefits. “We are going to launch our first NIL all-athletic department deal very soon, it’s coming,” Athletic Director Marty Testo said. “I feel like my job is to open up the NIL world to all our athletes, what the athletes do from there with it, is up to them.
While DI and DII schools can give their athletes more resources and funding, DIII athletics is still a competitive sport. According to collegetransitions.com, DI athletes spend approximately 33 hours a week dedicated to their sport, DII athletes spend around 31 hours, and DIII athletes spend around 28 hours a week.
Since DIII is not scholarship-based, DIII student-athletes are spending approximately 28 hours a week at their chosen sport with no financial compensation. In 2009, a lawsuit was filed against the NCAA by Ed O’Banno, a former All-American Basketball player for UCLA, regarding the use of his name image, and likeness (NIL) for profit with no compensation. In 2021, in the case of NCAA vs Alston, legislation was passed making it official that student-athletes can use their NIL without it affecting their eligibility.
“The difference between Division I and II versus Division III is their ability to give out athletic scholarships or financial aid based on athletic ability,” Abe Osheyack, KSC’s associate athletic director, said. “Division I has always been focused on revenue generation, through TV contracts, apparel, etc. DII has been more focused on the student-athlete experience with the combination of a scholarship, and DIII has been completely immersed in the student-athlete experience at a non-scholarship level.”
Keene State is one of the many DIII schools in the United States. According to the fall 2023 Keene State Factbook, KSC had 373 athletes out of 2,697 undergraduate students, or 13.83% of the undergraduates were student-athletes.
Octavio Brito, a DIII all-American guard, a senior at KSC studying sports and recreational management, said, “For me, it was because of COVID. I didn’t have the opportunities as these other players because the world shut down, so I just decided to go D3. I had the opportunity to play college basketball, and I took it.”
“If you look at the NCAA philosophy we (DIII) are the access to participation,” Testo said. “I think if you were to offer money at the Division 3 level based on the athletic ability it defeats the purpose or the philosophy of the NCAA which is about the experience of the student-athlete, not just the athlete.
Testo went on to say, “We have had students on NIL deals. An NIL deal is not new to us at Keene State for student-athletes. What we are embarking on for the department is the opportunity for every single student-athlete to sign an NIL deal with this company.”
Kelli S. Burns, PhD, an associate professor in the Zimmerman School of Advertising and Mass Communications at the University of South Florida, explained how most of the deals with DIII athletes would be local sponsorships or related to social media. “My advice to any DIII athlete is to think about their brand on social media, create social media content around their brand and one of the things I tell a lot of athletes is that you are more than the sport you play so you can create a brand around that as well as your sport and that might make you more appealing to partner with a brand that is in that same industry,” she said.
Molly Lu McKellar can be contacted at
mmckellar@kscequinox.com


