NIL Education and Consulting — Livvy Dunne’s endorsem*nt of Caktus.ai (2024)

Livvy Dunne’s endorsem*nt of Caktus.AI has caused a controversy mainly about whether a student-athlete should have endorsed an AI product that can be used to create academic work that falls outside of most universities’ academic code of conduct. I’m most interested in what happened because I think it has surfaced issues that should have been settled before NIL ever started. But before we get to that, it’s important to give a bit of background that most people skip past in their rush to take side.

First, Livvy Dunne is an accomplished gymnast who began practicing gymnastics at a young age and eventually joined the prestigious MG Elite gymnastics club. She has competed in various gymnastics competitions at both the national and international levels, including the Junior Olympic National Championships, the American Classic, and the U.S. Classic. Now at LSU, Dunne is known for her strong performances on the uneven bars. Outside of gymnastics, she has been involved in various philanthropic efforts, including raising awareness about mental health and advocating for LGBTQ+ rights. Prior to NIL, she had established a significant following on social media platforms.

As we approach the 2nd year anniversary of NIL, by any measure, she has been one of the most successful athletes to use her name, image, and likeness. Dunne's endorsem*nts range from mainstream consumer brands (Vuori, American Eagle, Forever 21, etc.) to those related to gymnastics (Reisport, Tumbleweeds, Alpha Factor, etc.)

Caktus.AI leverages uses machine learning algorithms to analyze student data, including performance data, behavior data, and learning style data, to create personalized learning paths for each student. The platform can also provide real-time feedback to students as they work through their learning activities, helping them to identify areas where they need improvement and providing targeted resources to support their learning. In addition, the platform can generate insights and recommendations for educators to help them better understand their students' learning needs and adjust their teaching strategies accordingly. By using AI to personalize learning and provide targeted support, the platform has the potential to improve student outcomes and make education more accessible and effective for all learners.

And yes, Caktus.AI can help students write essays, summarize text, and answer questions - and it’s those features that lead some to the conclusion that the tool is a shortcut for students who will represent work their work as original, when in fact it has been plagiarized. To be clear, AI has already infiltrated college student culture. In a March 2023 survey of 1,050 current student-athletes, 37% said they had used AI to do assignments. 55% say they use it “frequently.”

The Livvy Dunne endorsem*nt of Caktus.AI raises ethical questions to some. When new ecosystems emerge as NIL has, we ought to consider the practices that we will and won’t accept. The central question in this NIL scenario is , “Should it be permitted for a student-athlete to endorse an AI brand - or should AI be added to NIL prohibited categories like tobacco, firearms, p*rnography, etc.?” (Prohibited categories get a little confusing because they vary state to state and school policy to school policy.)

For me, the analysis begins with the stance that universities took pre-NIL. Did universities accept sponsorships from tobacco, firearms, p*rnography brands? No. Did they use AI? Of course. Universities use AI for a wide range of applications, including:

• Personalized Learning: AI can be used to personalize learning experiences for individual students

• Student Support: AI-powered chatbots can provide 24/7 support to students.

• Research: AI can be used to analyze large datasets and identify patterns and trends that would be difficult or impossible for humans to detect.

• Admissions: AI algorithms can help universities to streamline their admissions processes, by automatically screening applications.

• Student Recruitment: AI can be used to identify and target prospective students, based on their interests, demographics, and other data.

These use cases of AI are well-known and understood by student-athletes. Again, my March 2023 survey of 1,050 current student-athletes: 67% said they believed that their institutions used AI. 48% think AI used by their instructors.

So are we going to prohibit NIL activities based on code of ethics that we have yet to agree on? We should decide that soon, because AI won’t be the last of it. Next up will be gambling, where most institutions prohibit NIL deals, while many are beginning to strike institution-wide deals with gambling companies. If you want to see some incredible reporting on that hot topic, check out — The Shirley Povich Center for Sports Journalism at the University of Maryland, “Gambling on Campus,” a wide-ranging investigation into universities and sports betting.

This latest NIL controversy also points to our industry’s collective failure to educate student-athletes on the nuances of personal brand development.

The exact number of universities with NIL education programs is difficult to determine, but many universities have still not implemented a program. (Lack of budget is often cited; I recently conducted a live webinar entitled “How to Build a Low or No Cost NIL Program.” The webinar recording is available for $59 if you email me.) University programs generally cover legal and regulatory issues, financial literacy, and compliance. My experience is that training personal branding - or rather personal branding tied to professional development in and out of NIL - is lacking.

Personal branding refers to the process of creating and managing a distinct image or reputation for oneself. It involves developing a clear and compelling message about one’s strengths, values, and personality traits, that can be communicated consistently. An effective personal brand leads to increased visibility, credibility, and ultimately, opportunities for career advancement or business growth. Livvy Dunne has created a successful brand and it’s paying dividends by way of her NIL deals. But if personal branding were an NIL metric, her endorsem*nt of Caktus.AI was a failure in my opinion. An AI brand - and the controversy surrounding the partnership - seem off-brand for Dunne as an athlete, social media icon, and fashion influencer.

There is work to be done when it comes to educating student-athletes about personal branding. 63% of student-athletes consider personal branding to be the most valuable part of NIL education. Only 31% say they have received the training they want in this area.

This will surprise very few of you 🙄: student-athletes generally have not read their university’s NIL policy and even fewer have reviewed their university’s general code of conduct.

Let’s start with the NIL policy. Here are some common elements that are usually included in a university's NIL policy and based on my survey data, the percent of student-athletes that say they have a good understanding and could cite those parts of the policy:

1. Permissible Activities: Types of activities that student-athletes are allowed to engage in - 62%

2. Prohibited Activities: Types of activities that student-athletes are not allowed to engage in, such as using university logos or trademarks - 46%

3. Reporting Requirements: How to report NIL activities to the university or to a third-party monitoring system - 57%

4. Oversight and Enforcement: Oversight and enforcement of the policy, including potential disciplinary action for violations - 29%

After the Dunne / Caktus partnership came to light, LSU issued a statement that in part read, “…using AI to produce work that a student then represents as one’s own could result in a charge of academic misconduct, as outlined in the Code of Student Conduct.” LSU's Code of Student Conductdoes not mention artificial intelligence by name.

A significant percentage of student-athletes are unfamiliar with their university’s code of student conduct, which typically covers a wide range of areas, including academic integrity, personal conduct, and student rights and responsibilities. Here are some common elements that are usually included in a university's code of student conduct and based on my survey data, the percent of student-athletes that say they have a good understanding and could cite those parts of the policy:

1. Academic Integrity: The expectation to uphold the highest standards of academic integrity - 65%

2. Plagiarism: The expectation to properly cite all sources used in their academic work and to avoid submitting work that is not their own - 88%

3. Cheating: The expectation to not use unauthorized materials or resources during exams, copying or sharing answers with other students, and falsifying data or research - 78%

4. Consequences: Understanding that violations of the Code of Conduct may result in disciplinary action - 69%