Delaware adopted a “regulatory-heavy” path—Senate Bill 297 (effective July 1, 2023) adopts Revised Uniform Athlete Agents Act (RUAAA) with strict agent registration through Secretary of State. DIAA Regulation 1030 (effective October 11, 2024) permits high school NIL with IP Firewall and 72-hour agent reporting. “302 Collective” (UD) consolidates support; “Hornet302Nation” (DSU) serves HBCU model. UD joining Conference USA (FBS) July 1, 2025. UD’s “quasi-public” status = FOIA exemptions (opacity advantage). Both universities opted into House settlement. Here’s the complete guide.
Delaware’s NIL Evolution
Delaware’s legislative strategy is regulatory rather than permissive—focused on professionalizing agent representation rather than granting new rights.
Senate Bill 297 (Signed Nov 2, 2022; Effective July 1, 2023):
- Adopts Revised Uniform Athlete Agents Act (RUAAA)
- Does NOT explicitly create “NIL right”—assumes rights under NCAA interim policy
- Focuses on agent regulation and professionalization
- Registration mandates through Delaware Secretary of State
- Creates public registry of authorized representatives
- Mandatory “warning language” in student-agent contracts
- Fiduciary standards for agent conduct
DIAA Regulation 1030 (Effective October 11, 2024):
- Codified high school NIL rights with substantial “guardrails”
- Intent: Promote educational standards, prevent exploitation
- Pay-for-play prohibition: Cannot be paid per touchdown/championship
- Recruitment blockade: NIL cannot be inducement to enroll/remain
- IP Firewall: No school logos, mascots, uniforms, or facilities
- Vice clause: Bans tobacco, nicotine, alcohol, gambling endorsements
72-Hour Agent Reporting Requirement:
- If student retains agent: Must notify Athletic Director within 72 hours
- Or before next scheduled athletic event, whichever comes first
- NIL deals WITHOUT agent: No reporting required to AD
- Agent introduction = primary risk factor requiring oversight
Penalties for Violations:
- Immediate ineligibility for athlete
- If ineligible athlete participates: Forfeiture of games and points
- $500 fine per contest (increased from $100)
- High-stakes environment for Athletic Directors
University of Delaware — “302 Collective”:
- Consolidated from “Blue Hen Collective” (operated by SANIL)
- “302” = Delaware’s single area code (statewide unity)
- Mission: “Creating Impact in the 302”
- AD Chrissi Rawak: UD lacks Power 5 “NIL budget”—focuses on retention
- Joining Conference USA (FBS) July 1, 2025
- Learfield partnership through 2035 (includes “Learfield Impact” NIL)
Delaware State University — “Hornet302Nation”:
- Alumni-driven collective for HBCU model
- Mission: “Building Champions, Scholars, and Citizens”
- “Hornet Marketplace” via Opendorse partnership
- MEAC (FCS)—opted into House settlement
- Grassroots structure: Deep trust with alumni base
UD “Quasi-Public” FOIA Shield:
- UD = “state-assisted” institution (receives $100M+ state funds)
- BUT: Significant exemptions from Delaware FOIA
- Contracts funded by private donors/boosters = treated as private
- Advantage: Competitors cannot FOIA UD’s NIL data for negative recruiting
- Challenge: Revenue sharing may trigger FOIA if commingled with state funds
Why Delaware Matters:
Delaware’s “regulatory-heavy” approach contrasts with North Dakota’s “regulatory vacuum.” SB 297 focuses on agent professionalization rather than NIL rights. DIAA Regulation 1030 permits HS NIL with IP Firewall and 72-hour agent reporting. UD’s FOIA shield = opacity advantage (rare in public higher education). UD’s Conference USA transition (July 2025) forces rapid collective maturation. “302 Collective” and “Hornet302Nation” serve different market realities. DSU’s House settlement opt-in signals HBCU strategic positioning.
Delaware College NIL Rules
SB 297 regulates agent representation rather than granting new rights. Both UD and DSU opted into House settlement. UD’s FOIA shield provides competitive advantage in NIL opacity.
What Delaware Law Provides:
- Agent registration through Delaware Secretary of State
- Mandatory warning language in agent contracts
- Fiduciary standards for agent conduct
- Revenue sharing permitted ($20.5M cap)
- Consumer protection for student-athletes against predatory representation
University of Delaware Infrastructure:
- “302 Collective”: Consolidated support using Delaware’s area code branding
- Learfield partnership through 2035 (“Learfield Impact” NIL integration)
- Conference USA (FBS) transition July 1, 2025
- Focus: Retention over acquisition (lacks Power 5 budget)
- FOIA shield protects NIL contract details from disclosure
Delaware State University Infrastructure:
- “Hornet302Nation”: Alumni-driven collective (HBCU model)
- “Hornet Marketplace” via Opendorse (compliance-safe transactions)
- Long-tail NIL economy: Non-revenue sports can monetize via marketplace
- Opted into House settlement for D-I legitimacy and recruiting defense
Tax Implications:
Delaware graduated-rate individual income tax: Top marginal rate 6.60%. Unlike no-tax states (FL, TX, TN), Delaware athletes face distinct tax wedge. Requires sophisticated financial planning—SB 297 ensures qualified agents.
Delaware High School NIL Rules
DIAA Regulation 1030 (effective October 11, 2024) permits high school NIL with substantial “guardrails” to prevent professionalization and exploitation.
Key Facts:
- Governing Body: Delaware Interscholastic Athletic Association (DIAA)
- Status: Permitted with restrictions (October 11, 2024)
- Philosophy: Promote educational standards, prevent exploitation
DIAA Regulation 1030 Restrictions:
Pay-for-Play Prohibition: Compensation cannot be contingent on specific athletic performance (no $100 per touchdown). Recruitment Blockade: NIL cannot be inducement to enroll/remain at specific school. IP Firewall: Cannot use school name, logos, mascots, uniforms, or facilities in commercial activity. Vice Clause: Bans tobacco, nicotine, alcohol, gambling/wagering endorsements. Mirrors Pennsylvania (PIAA) = regional consensus.
72-Hour Agent Reporting:
If retaining agent: Must notify Athletic Director within 72 hours (or before next athletic event). NIL deals WITHOUT agent: No reporting required to AD. Distinction: Agent introduction = primary risk factor.
Penalties:
Immediate ineligibility for athlete. Forfeiture of games and points won if ineligible athlete participates. $500 fine per contest (increased from $100). High-stakes for ADs—inadvertent violation could cost championship season.
Academic Eligibility Interplay:
Regulation 1009 (Passing Work Rule): Must be passing at least five credits. Academic failure = athletic ineligibility = NIL marketability evaporates. SB 281 (August 2024): Codifies transfer rights with strict tracking (“DIAA Member School Athletic Transfer Tracking Form”). Prevents “super-teams” via NIL inducements.
College vs. High School: Key Differences
| Feature | College (SB 297) | High School (DIAA 1030) |
|---|---|---|
| NIL Status | Legal + Agent Regulation | Permitted (Oct 2024) |
| Agent Registration | Secretary of State registry | 72-hour AD notification |
| Institutional Pay | Permitted ($20.5M cap) | Prohibited |
| School Logos/Uniforms | Allowed | Prohibited (IP Firewall) |
| School Facilitation | Permitted | Prohibited |
| Pay-for-Play | N/A (revenue sharing) | Explicitly banned |
| Vice Industries | Prohibited (NCAA) | Prohibited |
| Violation Penalty | Agent liability | $500/contest + forfeiture |
The Key Distinction: Delaware’s “regulatory-heavy” approach focuses on agent professionalization (SB 297) rather than explicit NIL rights. DIAA Regulation 1030 permits HS NIL (Oct 2024) with IP Firewall, 72-hour agent reporting, and $500/contest penalties. UD’s FOIA shield = rare opacity advantage in public higher education. Conference USA transition (July 2025) forces rapid “302 Collective” maturation. DSU’s “Hornet302Nation” serves HBCU grassroots model.
What Delaware Athletes Can Do
College Athletes:
Earn NIL compensation; Receive revenue sharing from institution ($20.5M cap); Work with “302 Collective” (UD) or “Hornet302Nation” (DSU); Use “Hornet Marketplace” via Opendorse (DSU); Hire registered agents (Secretary of State registry); Sign endorsement deals with brands; Monetize social media accounts; Earn from camps, clinics, and appearances; Receive fan support through platforms like RallyFuel.
High School Athletes:
Sign commercial endorsements (no school affiliation); Monetize social media accounts (no school branding); Earn from autograph signings and appearances; Build personal brand independent of school identity.
What Delaware Athletes Cannot Do
College Athletes:
Cannot endorse: gambling, alcohol, tobacco, adult entertainment, controlled substances; Cannot use unregistered agents (SB 297 mandates registration); International students (F-1 visa): Cannot engage in active NIL on U.S. soil.
High School Athletes:
Cannot use school logos, uniforms, mascots, or facilities; Cannot accept pay-for-play (compensation tied to performance); Cannot accept NIL as enrollment/transfer inducement; Cannot endorse: tobacco, nicotine, alcohol, gambling/wagering; Must report agent retention to AD within 72 hours.
Both:
Must pay taxes on NIL income (DE 6.60% top rate + federal + self-employment); Must maintain academic eligibility.
Compliance Requirements
For College Athletes:
Use only registered agents (Delaware Secretary of State registry); Work with “302 Collective” (UD) or “Hornet302Nation” (DSU); Disclose conflicts with institutional sponsors; Avoid prohibited categories per NCAA rules; File taxes at DE state rate (6.60%) + federal + self-employment.
For High School Athletes:
NEVER use school logos, uniforms, mascots, or facilities; NEVER accept pay-for-play or enrollment/transfer inducement; Report agent retention to Athletic Director within 72 hours; Maintain passing grades in at least five credits (Regulation 1009); Avoid vice industries; Complete transfer tracking form if changing schools (SB 281).
For Parents:
For college: SB 297 = agent regulation focus; registered agents only; “302 Collective” (UD) or “Hornet302Nation” (DSU) serve different models; UD’s FOIA shield = unique opacity; DE 6.60% top tax rate applies. For high school: DIAA Regulation 1030 (Oct 2024) permits NIL; 72-hour agent reporting required; IP Firewall = no school branding; $500/contest penalty + forfeiture for violations; Academic eligibility linked to NIL marketability.
How Fans Support Delaware Athletes
Delaware has passionate Blue Hen and Hornet fans—and now they can directly support athletes through NIL.
College Athletes:
Platforms like RallyFuel enable Delaware fans to support athletes at:
- University of Delaware – Conference USA (FBS effective July 2025)
- Delaware State University – MEAC (FCS/HBCU)
- All sports—Football, Basketball, Lacrosse, and more
Delaware NIL Infrastructure:
“302 Collective” (UD): Consolidated support using Delaware’s area code branding. Learfield partnership (“Learfield Impact” NIL integration). Focus on retention over acquisition. “Hornet302Nation” (DSU): Alumni-driven collective for HBCU model. “Hornet Marketplace” via Opendorse. Long-tail economy for non-revenue sports.
How It Works:
1. Create an account on RallyFuel.com or the mobile app
2. Select your Delaware school affiliation
3. Browse verified athletes currently on your program’s roster
4. Fuel athletes you want to support
5. Track your support through your fan dashboard
How It Works: When you purchase Fan Fuel, you’re purchasing Conditional NIL Engagement Rights (CNERs). If conditions are met, RallyFuel or its affiliate offers an NIL Agreement to the athlete. If conditions aren’t met—for example, if an athlete transfers—you receive an automatic refund.
Conditional Protection: RallyFuel’s conditional model protects Fan Fuel with automatic refunds if athletes transfer or conditions aren’t met. Delaware fans can support players without financial risk.
Important: Fan support through RallyFuel is voluntary and conditional. Fuel purchases are not charitable donations. RallyFuel is not a guarantor that any athlete will accept an NIL Agreement. Purchasing Fan Fuel does not guarantee athletic performance, playing time, or any specific outcome.
High School Athletes:
Delaware high school athletes may pursue NIL opportunities under DIAA Regulation 1030 (effective October 11, 2024) provided they maintain complete separation from school identity, report agent retention within 72 hours, and avoid pay-for-play or inducement structures.
Learn More About the NIL Landscape
Name, Image, and Likeness plays an increasing role in college sports, and understanding how it works often requires more than individual articles or news updates.
RallyFuel is a platform focused on NIL-related topics across college athletics. It brings together information about athletes, NIL activity, and the broader structure behind modern college sports, helping readers explore the topic in more depth.
Frequently Asked Questions
Can Delaware high school athletes do NIL?
Yes. DIAA Regulation 1030 (effective October 11, 2024) permits NIL with restrictions. IP Firewall: Cannot use school logos, uniforms, mascots, or facilities. Pay-for-play ban: Compensation cannot be tied to performance. Inducement ban: NIL cannot be used for enrollment/transfer. Vice clause: No tobacco, nicotine, alcohol, gambling. 72-hour agent reporting required. Penalty: $500/contest + forfeiture + ineligibility.
What does Senate Bill 297 do?
SB 297 (signed Nov 2022, effective July 2023) adopts Revised Uniform Athlete Agents Act (RUAAA). Does NOT explicitly create “NIL right”—focuses on agent regulation. Requires agent registration through Delaware Secretary of State. Mandates warning language in agent contracts about eligibility impact. Establishes fiduciary standards for agent conduct. Consumer protection for student-athletes against predatory representation.
What is UD’s FOIA advantage?
University of Delaware = “state-assisted” or “quasi-public” institution (receives $100M+ state funds). Significant exemptions from Delaware FOIA (Title 29, Chapter 100). Contracts funded by private donors/boosters = treated as private. Advantage: Competitors cannot FOIA UD’s NIL data for negative recruiting. Rare opacity in public higher education. Challenge: Revenue sharing commingled with state funds may trigger FOIA applicability.
What is the “302 Collective”?
UD’s consolidated NIL support vehicle. “302” = Delaware’s single area code (statewide unity). Evolved from “Blue Hen Collective” (operated by SANIL). Mission: “Creating Impact in the 302.” AD Chrissi Rawak: UD lacks Power 5 budget—focuses on retention over acquisition. Integrated with Learfield partnership through 2035 (“Learfield Impact” NIL).
Why did DSU opt into the House settlement?
DSU (FCS/HBCU in MEAC) opted in despite unlikely reaching $20.5M cap. Reasons: (1) Maintain Division I legitimacy (avoid “second tier” status); (2) Recruiting defense (even $1-2M allows competing with mid-majors); (3) Framework for potential FLSA/Title IX challenges (Third Circuit has signaled athlete employment rights).
What happens if an athlete I supported transfers?
If an athlete transfers or selects a different school during the conditional period, you receive an automatic refund to your original payment method. No manual request is required.
Delaware: Regulatory-Heavy Path to NIL
Delaware adopted a “regulatory-heavy” approach—Senate Bill 297 (effective July 1, 2023) adopts RUAAA with strict agent registration through Secretary of State. DIAA Regulation 1030 (effective October 11, 2024) permits high school NIL with IP Firewall, 72-hour agent reporting, and $500/contest penalties. “302 Collective” (UD) consolidates support using Delaware’s area code branding; “Hornet302Nation” (DSU) serves HBCU grassroots model. UD joining Conference USA (FBS) July 1, 2025—forces rapid collective maturation. UD’s “quasi-public” status = FOIA exemptions (rare opacity advantage). Both universities opted into House settlement.
For college athletes ready to maximize their NIL potential, RallyFuel provides fan-powered support with conditional protection. Explore verified Delaware athletes and start fueling today.
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