Virginia Code 23.1-408.1: Intercollegiate athletics; student-athletes; compensation and representation for name, image, or likeness
A. As used in this section:
Terms Used In Virginia Code 23.1-408.1
- Adult: means a person 18 years of age or more. See Virginia Code 1-203
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Associate-degree-granting public institution of higher education: includes Richard Bland College and each comprehensive community college. See Virginia Code 23.1-100
- Baccalaureate public institution of higher education: includes Christopher Newport University, George Mason University, James Madison University, Longwood University, the University of Mary Washington, Norfolk State University, Old Dominion University, Radford University, the University of Virginia, the University of Virginia's College at Wise as a division of the University of Virginia, Virginia Commonwealth University, Virginia Military Institute, Virginia Polytechnic Institute and State University, Virginia State University, and The College of William and Mary in Virginia. See Virginia Code 23.1-100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Governing board: includes the State Board and the board of visitors of each baccalaureate public institution of higher education. See Virginia Code 23.1-100
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Private institution of higher education: includes each nonprofit private institution of higher education and proprietary private institution of higher education in the Commonwealth. See Virginia Code 23.1-100
“Athlete agent” means an individual who holds a valid certificate of registration as an athlete agent issued pursuant to Chapter 5.2 of Title 54.1.
“Attorney” means an attorney licensed to practice law in the Commonwealth.
“Compensation” means any type of remuneration or anything of value. “Compensation” does not include any (i) scholarship provided to a student-athlete that covers some or all of the cost of attendance at an institution at which the student-athlete is enrolled or (ii) benefit a student-athlete may receive in accordance with the rules of the relevant athletic association or conference.
“Institution” means a private institution of higher education, associate-degree-granting public institution of higher education, or baccalaureate public institution of higher education.
“Student-athlete” means an individual enrolled at an institution who participates in intercollegiate athletics.
“Student fees” means any fees assessed by an institution against a student that are used to support any of the institution’s intercollegiate athletics programs.
B. No institution or agent thereof, athletic association, athletic conference, or other organization with authority over intercollegiate athletics shall:
1. Prohibit or prevent a student-athlete from earning compensation for the use of his name, image, or likeness, except as otherwise permitted in this section;
2. Prohibit or prevent a student-athlete from obtaining professional representation by an athlete agent or legal representation by an attorney in connection with issues related to name, image, or likeness;
3. Declare a student-athlete ineligible for intercollegiate athletic competition because he earns compensation for the use of his name, image, or likeness or obtains professional representation by an athlete agent or attorney in connection with issues related to name, image, or likeness; or
4. Reduce, cancel, revoke, or not renew an athletic scholarship because a student-athlete earns compensation for the use of his name, image, or likeness or obtains professional representation by an athlete agent or attorney in connection with issues related to name, image, or likeness.
C. No athletic association, athletic conference, or other organization with authority over intercollegiate athletics shall:
1. Prohibit or prevent an institution from becoming a member of the association, conference, or organization or participating in intercollegiate athletics sponsored by such association, conference, or organization as a consequence of any student-athlete earning compensation for the use of his name, image, or likeness or obtaining representation by an athlete agent or attorney in connection with issues related to name, image, or likeness;
2. Entertain a complaint, open an investigation, or take any other adverse action against an institution, its supporting foundations, or an entity acting on its behalf, for activity permitted under this section;
3. Penalize an institution or a student-athlete or prevent an institution or a student-athlete from participating in intercollegiate athletics because an individual or entity whose purpose includes supporting or benefiting the institution or student-athletes violates its rules or regulations concerning name, image, or likeness;
4. Prevent an institution from compensating a student-athlete for the use of his name, image, or likeness; or
5. Prevent an institution, its supporting foundations, or an entity acting on its behalf from identifying, creating, negotiating, facilitating, supporting, engaging with, assisting with, or otherwise enabling a name, image, or likeness opportunity for a student-athlete.
D. Each institution shall develop and submit to the institution’s governing board or similar governing body for approval institutional policies or procedures that govern the compensation of a student-athlete for the use of his name, image, or likeness. Such institutional policies or procedures shall not inhibit a student-athlete from participating in activities that are not related to intercollegiate athletics, as long as participation in such activities has no impact on the student-athlete’s eligibility for intercollegiate athletics. Each institution may enforce such approved policies or procedures and the provisions of this section. No student fees shall be used to compensate student-athletes for the use of their name, image, or likeness.
E. An institution may provide assets, resources, or benefits as an incentive to individuals, companies, or other entities to provide money, benefits, opportunities, or services to an outside entity that supports name, image, or likeness opportunities for the institution’s student-athletes.
F. No student-athlete shall earn compensation for the use of his name, image, or likeness in connection with any of the following:
1. Alcohol and alcoholic beverages;
2. Adult entertainment;
3. Cannabis, cannabinoids, cannabidiol, or other derivatives, not including hemp or hemp products;
4. Controlled substances, as defined in § 54.1-3401;
5. Performance enhancing drugs or substances such as steroids or human growth hormone;
6. Drug paraphernalia, as defined in § 18.2-265.1;
7. Tobacco, tobacco products, alternative nicotine products, nicotine vapor products, and similar products and devices;
8. Weapons, including firearms and ammunition for firearms; and
9. Casinos or gambling, including sports betting.
G. An institution may prohibit a student-athlete from earning compensation for the use of his name, image, or likeness while the student-athlete is engaged in academic, official team, or athletic department activities, including class, tutoring, competition, practice, travel, academic services, community service, promotional activities, and other athletic department activities.
H. No student-athlete shall use an institution’s facilities; apparel; equipment; uniforms; or intellectual property, including logos, indicia, registered and unregistered trademarks, and products protected by copyright, for any opportunity to earn compensation for the use of his name, image, or likeness, unless otherwise permitted by the institution.
I. Prior to executing an agreement concerning the use of his name, image, or likeness, a student-athlete shall disclose such agreement to the institution at which he is enrolled in a manner designated by the institution. If a student-athlete discloses a potential agreement that conflicts with an existing institutional agreement, the institution shall disclose the relevant terms of the conflicting agreement to the student-athlete.
J. An institution may prohibit a student-athlete from using his name, image, or likeness to earn compensation if the proposed use conflicts with an existing institutional agreement or its institutional policies or procedures developed and approved pursuant to subsection D.
K. No institution shall, except as otherwise permitted in this section, enter into, renew, or modify any agreement that prohibits a student-athlete from using his name, image, or likeness to earn compensation while the student-athlete is engaged in non-academic, unofficial team, or non-athletic department activities.
L. Nothing in this section shall be construed to impact the employment status of a student-athlete or qualify a student-athlete as an employee of an institution solely because the student-athlete engages in name, image, or likeness opportunities.
M. Any student-athlete who is aggrieved by any action of an institution or agent thereof, athletic association, athletic conference, or other organization with authority over intercollegiate athletics in violation of any provision of this section may bring an action for injunctive relief.
N. No employee of an institution, its supporting foundations, or any entity acting on its behalf shall be liable for any damages to a student-athlete’s ability to earn compensation for the use of his name, image, or likeness resulting from decisions and actions routinely taken in the course of intercollegiate athletics.
O. An institution, its supporting foundations, or an entity acting on its behalf that is subjected to any actual or threatened complaint, investigation, penalty, or other adverse action of an athletic association, athletic conference, or other organization with authority over intercollegiate athletics for engaging in activities permitted under this section may bring an action to recover actual damages and reasonable attorney fees and may seek injunctive relief and any other remedy available at law or in equity.