Marty Gordon
The state of Virginia is trying to get out ahead of the issues dealing with college athletics’ Name, Image and Likeness (NIL) dealings.
In an effort to position the Commonwealth and its schools at the forefront of the next evolution in college athletics, Virginia governor Glenn Youngkin signed House Bill 1505 into state law Thursday with an effective date of July 1, 2024.
Name, image and likeness is a phrase that is used to describe a student-athlete’s ability to earn compensation from a business, individual, entity, etc. that utilizes their name, image, likeness, signature, voice, caricature, etc. for commercial and/or non-commercial purposes.
“We are thankful to the state legislature and Governor Youngkin for their proactive work in the NIL space,” Tech Athletic Director Whit Babcock said. “We take care of our student-athletes and recognize the value they bring to ensure the longstanding success of our athletic programs.
“Not only does this position us more competitively among other states during this critical time, but it also allows for more school involvement as we continue to enhance our recruiting and retention efforts to bring the most talented student-athletes to Virginia Tech.”
The Virginia bill will allow public and private institutions of higher education within the Commonwealth to create and facilitate name, image, or likeness opportunities for student-athletes. In other words, NIL operations will become more streamlined through school involvement.
Virginia’s bill bypasses the NCAA and will directly allow universities to pay student athletes as the Commonwealth is one of the first in the nation to enact such a law. Other states have already said they will follow Virginia’s lead.
The law takes effect July 1 and was signed by Youngkin one day after the NCAA cutback some of its own NIL restrictions.
The governor said the bill is a very important step in making Virginia the most competitive place not just to compete in college athletics, but also the most competitive place for our universities to really take care of their student-athletes and drive this to the next level.
“This is going to be a program managed by Virginia’s universities and colleges and not by outside institutions and associations. It enables us to be competitive across the nation with other power conferences and major universities and enables our athletes to fully benefit (from) their God-given skills,” he said.
Three years ago, the NCAA announced the NIL plan to allow college athletes to earn money from deals with brands or businesses that compensate them for such things as endorsements or personal appearances.
Virginia’s plan has been called “cutting edge.”
Bringing NIL operations in-house will enable schools to efficiently manage monitoring and funding. Simultaneously, Tech donors will no longer face the dilemma of allocating funds between a collective for NIL or directly to the athletic department for scholarships and facilities.
“I commend our state leaders for their proactive work in the evolution of college athletics,” Pry said. “This positions us favorably and competitively at a critical time. The bill is a win-win for our school, our student-athletes and our donors.”
The bill was sponsored by Del. Terry Austin, R-Botetourt. Austin worked closely on the NIL legislation with state Sen. Aaron Rouse, D-Virginia Beach, an All-ACC safety for the Hokies in 2005 and the Green Bay Packers’ third-round NFL draft pick in 2007.
“We’re truly appreciative of the diligent work by the state legislature and governor to enact this groundbreaking bill during a pivotal time in college athletics,” Skiera said. “This legislation is beneficial for all parties involved, especially our student-athletes, who accomplish remarkable things on and off the field.”
Below is a list of FAQs as it relates to the Virginia NIL bill.
Institutional Involvement
Q: Are Virginia colleges and universities required to pay student-athletes for their name, image or likeness?
A: No, the Virginia name, image or likeness law is permissive and provides Virginia colleges and universities discretion to compensate student-athletes for their name, image or likeness.
Q: Are the new policies and procedures necessary to compensate student-athletes for their name, image or likeness?
A: If Virginia colleges and universities compensate student-athletes for their name, image or likeness, they must develop new policies and procedures approved by their governing board (e.g., Board of Visitors).
Q: Are student fees going to be used to pay student-athletes for their name, image or likeness?
A: The Virginia name, image and likeness law expressly prohibits student fees from being used to pay student-athletes for their name, image or likeness.
Q: What is considered a student fee?
A: A student fee is any fee a student is charged to support any intercollegiate athletics programs.
Q: How can Virginia colleges and universities assist student-athletes with name, image and likeness activities?
A: The Virginia name, image and likeness law allows Virginia colleges and universities to educate student-athletes about name, image and likeness issues and identify, create, negotiate, facilitate, support, engage with, assist with, or otherwise enable name, image, or likeness opportunities for student-athletes.
Q: Are Virginia colleges and universities permitted to incentivize support for name, image and likeness activity?
A: The Virginia name, image and likeness law allows Virginia colleges and universities to provide assets, resources, or benefits as an incentive to individuals or entities that support name, image, or likeness opportunities.
Q: Is compensation for name, image and likeness opportunities considered pay-for-play?
A: No, it’s considered compensation for the proprietary interest in a student-athlete’s name, age or likeness.
NCAA Rules
Q: Does Virginia’s name, image and likeness law conflict with NCAA rules?
A: Virginia colleges and universities are subject to Virginia law. Virginia colleges and universities will independently determine whether any action permitted under the Virginia name, image and likeness law conflicts with NCAA rules.
Q: Can a student-athlete be penalized for participating in name, image and likeness activities pursuant to the Virginia name, image and likeness law?
A: The Virginia name, image and likeness law provides student-athletes protections for engaging in name, image and likeness activity pursuant to the law.
Collectives and Donors
Q: Does the Virginia name, image and likeness law preclude the existence of collectives?
A: Nothing in the Virginia name, image or likeness law states collectives cannot exist.
Q: Does the Virginia name, image and likeness law still prevent contributions to a collective?
A: Nothing in the Virginia name, image or likeness law prevents individuals or entities from contributing to a collective to support name, image or likeness opportunities.
Student-Athletes
Q: What impact will the Virginia name, image and likeness law have on Olympic and non-revenue generating sports?
A: The Virginia name, image and likeness law can greatly benefit student-athletes who participate in Olympic and non-revenue generating sports.
Q: What impact does the Virginia name, image and likeness law have on international student-athletes?
A: The Virginia name, image and likeness law doesn’t impact international student-athletes being able to earn name, image and likeness compensation. Federal immigration law, and visa status, control whether an international student-athlete can be compensated for their name, image or likeness.
