{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-1309.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-1309.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-1309.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-1309.html"}],"law_id":83053,"edition_id":1,"section_id":83053,"structure_id":13885,"section_number":"23.1-1309","catch_line":"Boards of visitors; baccalaureate public institutions of higher education; intercollegiate athletics programs","history":"2015, c. 704, \u00a7 23-1.2; 2016, c. 588.","full_text":"A\n\nAs used in this section:\n\t\t\t“Athletics revenue” means the total revenue received by an institution that is generated by any of the institution’s intercollegiate athletics programs. “Athletics revenue” includes contributions; game guarantees; income received from endowments and investments; income received from the sale of food, game programs, novelties, and other concessions at an intercollegiate athletics contest; income received from intercollegiate athletics conferences for participation in bowl games, tournaments, and other intercollegiate athletics contests; income received from the provision of parking at intercollegiate athletics contests or other events associated with intercollegiate athletics; rights and licensing; school funds; student fees; support from third parties guaranteed by the institution, such as income received from athletics camps, income received from television, and housing allowances; and all other income from any other source generated by the institution’s intercollegiate athletics programs.\n\t\t\t“Contributions” means any income received directly from individuals, corporations, associations, foundations, clubs, or other donors for the operation of an institution’s intercollegiate athletics programs. “Contributions” includes amounts paid in excess of the face value of an admissions ticket to an intercollegiate athletics contest or any other event associated with intercollegiate athletics; cash; marketable securities; income generated from preferential seating arrangements at intercollegiate athletics contests or other events associated with intercollegiate athletics; and in-kind contributions such as cars provided to an intercollegiate athletics program by car dealers at no cost and apparel and sports drink products provided to intercollegiate athletes and coaches at no cost.\n\t\t\t“Generated revenue” means all athletics revenue with the exception of the subsidy.\n\t\t\t“Institution” means a baccalaureate public institution of higher education.\n\t\t\t“Intercollegiate athletics program” means any athletics program for a particular sport that is operated by an institution and governed by the National Collegiate Athletic Association (NCAA).\n\t\t\t“Rights and licensing” includes income from radio and television broadcasts; Internet and e-commerce rights resulting from institution-negotiated contracts; revenue-sharing agreements with the NCAA or an intercollegiate athletics conference; licensing; the sale of advertisements, trademarks, or royalties; corporate sponsorships; and the value of in-kind contributions of products and services provided to an intercollegiate athletics program at no cost as part of such corporate sponsorship, such as equipment, apparel, isotonic sports drinks, other sports drink products, or water.\n\t\t\t“School funds” means the direct and indirect financial support provided by the institution to any of its intercollegiate athletics programs. “School funds” includes state funds, tuition, tuition waivers, federal work awards for student athletes, administrative costs, facilities and grounds maintenance, security, risk management, utilities, and depreciation and debt services.\n\t\t\t“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.\n\t\t\t“Subsidy” means the sum of school funds and student fees.\n\t\t\t“Subsidy percentage” means the subsidy divided by the athletics revenue, provided that revenues allocated to (i) support spirit groups associated with any intercollegiate athletics program, (ii) meet any indirect cost policy requirements, or (iii) debt service for previously approved intercollegiate athletics capital outlay projects may be excluded from the subsidy for the purposes of such calculation.\n\t\t\t“Ticket sales” means the sale of the right to gain admission to an intercollegiate athletics contest or any other event associated with intercollegiate athletics. “Ticket sales” includes sums received from any associated shipping and handling charges and includes sales to the public, faculty, and students. “Ticket sales” does not include (i) amounts paid in excess of the face value of an admissions ticket to an intercollegiate athletics contest or any other event associated with intercollegiate athletics such as preferential seating arrangements or (ii) pass-through sales transactions such as sales for admission tickets to bowl games and conference and national tournaments.B\n\nThe Auditor of Public Accounts, in collaboration with the Council, State Comptroller, Department of Planning and Budget, and each institution, shall develop and implement a standardized reporting format for each institution to annually report its intercollegiate athletics revenue and expenses to the Auditor of Public Accounts that shall include treatment of student fees and classification of specific intercollegiate athletics programs and shall require expenses for spirit groups, indirect cost policy requirements, and debt service for previously approved intercollegiate athletics capital outlay projects and other intercollegiate athletics capital outlay projects to be reported on separate lines.C\n\nThe subsidy percentage shall not exceed:1\n\n20 percent for NCAA Division I-A institutions affiliated with the Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference, or Southeastern Conference;2\n\n55 percent for NCAA Division I-A institutions affiliated with conferences other than the Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference, or Southeastern Conference;3\n\n70 percent for NCAA Division I-AA institutions;4\n\n78 percent for NCAA Division I-AAA institutions;5\n\n81 percent for NCAA Division II institutions that operate intercollegiate football programs;6\n\n85 percent for NCAA Division II institutions that do not operate intercollegiate football programs;7\n\n89 percent for NCAA Division III institutions that operate intercollegiate football programs; and8\n\n92 percent for NCAA Division III institutions that do not operate intercollegiate football programs.D\n\nEach fiscal year, any percentage increase in the subsidy at an institution that complies with subsection C shall be matched by a like percentage increase in generated revenue, except that each such institution shall utilize a rolling average of the change in generated revenue and student fees over the immediately preceding five years for the purposes of such calculation.E\n\nWhen necessary, each institution shall submit to the Governor and the General Assembly for approval a plan that reduces the subsidy in accordance with targets outlined in the plan over a five-year period until the subsidy percentage complies with the requirements of subsection C.F\n\nThe Auditor of Public Accounts shall annually review each institution’s progress towards meeting the requirements of each plan approved pursuant to subsection E as part of his annual audit pursuant to § 30-133.G\n\nFailure to meet the progress requirements of each plan approved pursuant to subsection E for one year, as determined by the Auditor of Public Accounts, shall result in such reduction of the financial and administrative operations authority granted to the institution pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.) as the Governor or General Assembly determines.H\n\nFailure to meet the progress requirements of each plan approved pursuant to subsection E for two consecutive years, as determined by the Auditor of Public Accounts, shall result in revocation of all financial and administrative operations authority granted to the institution pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.).I\n\nThe board of visitors of any institution that seeks to add a major intercollegiate athletics program such as football or basketball or change the division level of any of its existing intercollegiate athletics programs shall first submit to the Intercollegiate Athletics Review Commission (Commission) established pursuant to Chapter 57 (§ 30-359 et seq.) of Title 30 a plan and recommendations for financing the addition or change. The institution shall not in any way undertake any such addition or agree or commit to any such change until it has received the findings and recommendations of the Commission pursuant to § 30-360. Any such addition or change is subject to the approval of the General Assembly expressed in the general appropriation act. The board of visitors of any institution that adds a non-major intercollegiate athletics program shall report such decision within 15 days of the board’s action.","order_by":null,"text":{"0":{"id":297649,"text":"As used in this section:\n\t\t\t“Athletics revenue” means the total revenue received by an institution that is generated by any of the institution’s intercollegiate athletics programs. “Athletics revenue” includes contributions; game guarantees; income received from endowments and investments; income received from the sale of food, game programs, novelties, and other concessions at an intercollegiate athletics contest; income received from intercollegiate athletics conferences for participation in bowl games, tournaments, and other intercollegiate athletics contests; income received from the provision of parking at intercollegiate athletics contests or other events associated with intercollegiate athletics; rights and licensing; school funds; student fees; support from third parties guaranteed by the institution, such as income received from athletics camps, income received from television, and housing allowances; and all other income from any other source generated by the institution’s intercollegiate athletics programs.\n\t\t\t“Contributions” means any income received directly from individuals, corporations, associations, foundations, clubs, or other donors for the operation of an institution’s intercollegiate athletics programs. “Contributions” includes amounts paid in excess of the face value of an admissions ticket to an intercollegiate athletics contest or any other event associated with intercollegiate athletics; cash; marketable securities; income generated from preferential seating arrangements at intercollegiate athletics contests or other events associated with intercollegiate athletics; and in-kind contributions such as cars provided to an intercollegiate athletics program by car dealers at no cost and apparel and sports drink products provided to intercollegiate athletes and coaches at no cost.\n\t\t\t“Generated revenue” means all athletics revenue with the exception of the subsidy.\n\t\t\t“Institution” means a baccalaureate public institution of higher education.\n\t\t\t“Intercollegiate athletics program” means any athletics program for a particular sport that is operated by an institution and governed by the National Collegiate Athletic Association (NCAA).\n\t\t\t“Rights and licensing” includes income from radio and television broadcasts; Internet and e-commerce rights resulting from institution-negotiated contracts; revenue-sharing agreements with the NCAA or an intercollegiate athletics conference; licensing; the sale of advertisements, trademarks, or royalties; corporate sponsorships; and the value of in-kind contributions of products and services provided to an intercollegiate athletics program at no cost as part of such corporate sponsorship, such as equipment, apparel, isotonic sports drinks, other sports drink products, or water.\n\t\t\t“School funds” means the direct and indirect financial support provided by the institution to any of its intercollegiate athletics programs. “School funds” includes state funds, tuition, tuition waivers, federal work awards for student athletes, administrative costs, facilities and grounds maintenance, security, risk management, utilities, and depreciation and debt services.\n\t\t\t“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.\n\t\t\t“Subsidy” means the sum of school funds and student fees.\n\t\t\t“Subsidy percentage” means the subsidy divided by the athletics revenue, provided that revenues allocated to (i) support spirit groups associated with any intercollegiate athletics program, (ii) meet any indirect cost policy requirements, or (iii) debt service for previously approved intercollegiate athletics capital outlay projects may be excluded from the subsidy for the purposes of such calculation.\n\t\t\t“Ticket sales” means the sale of the right to gain admission to an intercollegiate athletics contest or any other event associated with intercollegiate athletics. “Ticket sales” includes sums received from any associated shipping and handling charges and includes sales to the public, faculty, and students. “Ticket sales” does not include (i) amounts paid in excess of the face value of an admissions ticket to an intercollegiate athletics contest or any other event associated with intercollegiate athletics such as preferential seating arrangements or (ii) pass-through sales transactions such as sales for admission tickets to bowl games and conference and national tournaments.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":297650,"text":"The Auditor of Public Accounts, in collaboration with the Council, State Comptroller, Department of Planning and Budget, and each institution, shall develop and implement a standardized reporting format for each institution to annually report its intercollegiate athletics revenue and expenses to the Auditor of Public Accounts that shall include treatment of student fees and classification of specific intercollegiate athletics programs and shall require expenses for spirit groups, indirect cost policy requirements, and debt service for previously approved intercollegiate athletics capital outlay projects and other intercollegiate athletics capital outlay projects to be reported on separate lines.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":297651,"text":"The subsidy percentage shall not exceed:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":297652,"text":"20 percent for NCAA Division I-A institutions affiliated with the Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference, or Southeastern Conference;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":297653,"text":"55 percent for NCAA Division I-A institutions affiliated with conferences other than the Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference, or Southeastern Conference;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":297654,"text":"70 percent for NCAA Division I-AA institutions;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":297655,"text":"78 percent for NCAA Division I-AAA institutions;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":297656,"text":"81 percent for NCAA Division II institutions that operate intercollegiate football programs;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":297657,"text":"85 percent for NCAA Division II institutions that do not operate intercollegiate football programs;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":297658,"text":"89 percent for NCAA Division III institutions that operate intercollegiate football programs; and","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"10":{"id":297659,"text":"92 percent for NCAA Division III institutions that do not operate intercollegiate football programs.","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"D"},"11":{"id":297660,"text":"Each fiscal year, any percentage increase in the subsidy at an institution that complies with subsection C shall be matched by a like percentage increase in generated revenue, except that each such institution shall utilize a rolling average of the change in generated revenue and student fees over the immediately preceding five years for the purposes of such calculation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C8","next_prefix":"E"},"12":{"id":297661,"text":"When necessary, each institution shall submit to the Governor and the General Assembly for approval a plan that reduces the subsidy in accordance with targets outlined in the plan over a five-year period until the subsidy percentage complies with the requirements of subsection C.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"13":{"id":297662,"text":"The Auditor of Public Accounts shall annually review each institution’s progress towards meeting the requirements of each plan approved pursuant to subsection E as part of his annual audit pursuant to § 30-133.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"14":{"id":297663,"text":"Failure to meet the progress requirements of each plan approved pursuant to subsection E for one year, as determined by the Auditor of Public Accounts, shall result in such reduction of the financial and administrative operations authority granted to the institution pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.) as the Governor or General Assembly determines.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"15":{"id":297664,"text":"Failure to meet the progress requirements of each plan approved pursuant to subsection E for two consecutive years, as determined by the Auditor of Public Accounts, shall result in revocation of all financial and administrative operations authority granted to the institution pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.).","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"16":{"id":297665,"text":"The board of visitors of any institution that seeks to add a major intercollegiate athletics program such as football or basketball or change the division level of any of its existing intercollegiate athletics programs shall first submit to the Intercollegiate Athletics Review Commission (Commission) established pursuant to Chapter 57 (§ 30-359 et seq.) of Title 30 a plan and recommendations for financing the addition or change. The institution shall not in any way undertake any such addition or agree or commit to any such change until it has received the findings and recommendations of the Commission pursuant to § 30-360. Any such addition or change is subject to the approval of the General Assembly expressed in the general appropriation act. The board of visitors of any institution that adds a non-major intercollegiate athletics program shall report such decision within 15 days of the board’s action.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13885,"edition_id":1,"name":"Governing Boards of Public Institutions of Higher Education","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":13798,"metadata":{},"date_created":"2026-06-26 03:46:10","date_modified":"2026-06-26 03:46:10","permalink":{"id":185927,"object_type":"structure","relational_id":13885,"identifier":"13","token":"23.1\/IV\/13","url":"\/23.1\/IV\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13798,"edition_id":1,"name":"Public Institutions of Higher Education","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:45:54","date_modified":"2026-06-26 03:45:54","permalink":{"id":185925,"object_type":"structure","relational_id":13798,"identifier":"IV","token":"23.1\/IV","url":"\/23.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82055,"structure_id":13885,"section_number":"23.1-1300","catch_line":"Members of governing boards; removal; terms; nonvoting, advisory representatives; residency","url":"\/23.1-1300\/","token":"23.1\/IV\/13\/23.1-1300","metadata":false},{"id":86654,"structure_id":13885,"section_number":"23.1-1301","catch_line":"Governing boards; powers","url":"\/23.1-1301\/","token":"23.1\/IV\/13\/23.1-1301","metadata":false},{"id":64896,"structure_id":13885,"section_number":"23.1-1301.1","catch_line":"Repealed","url":"\/23.1-1301.1\/","token":"23.1\/IV\/13\/23.1-1301.1","metadata":false},{"id":85259,"structure_id":13885,"section_number":"23.1-1302","catch_line":"Governing boards; 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This law was first created in 2015. The record of its establishment is cataloged in chapter 704<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2016, chapter 588<\/a>.<\/p>","references":[{"id":68915,"section_number":"30-360","catch_line":"Review of plans to add a major intercollegiate athletics program or change the division level of an existing intercollegiate athletics program","order_by":null,"url":"\/30-360\/"}],"refers_to":[{"id":84746,"section_number":"23.1-1000","catch_line":"Definitions","order_by":null,"url":"\/23.1-1000\/"},{"id":75545,"section_number":"30-359","catch_line":"Intercollegiate Athletics Review Commission; purpose; membership; terms; compensation and expenses","order_by":null,"url":"\/30-359\/"},{"id":68915,"section_number":"30-360","catch_line":"Review of plans to add a major intercollegiate athletics program or change the division level of an existing intercollegiate athletics program","order_by":null,"url":"\/30-360\/"}],"permalink":{"id":185973,"object_type":"law","relational_id":83053,"identifier":"23.1-1309","token":"23.1\/IV\/13\/23.1-1309","url":"\/23.1-1309\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-1309\/","token":"23.1\/IV\/13\/23.1-1309","dublin_core":{"Title":"Boards of visitors; baccalaureate public institutions of higher education; intercollegiate athletics programs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-1309","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Athletics revenue<\/span>” means the total revenue received by an institution that is generated by any of the institution’s intercollegiate athletics programs<\/span>. “Athletics revenue<\/span>” includes contributions<\/span>; game guarantees; income received from endowments and investments; income received from the sale of food, game programs, novelties, and other concessions at an intercollegiate athletics contest; income received from intercollegiate athletics conferences for participation in bowl games, tournaments, and other intercollegiate athletics contests; income received from the provision of parking at intercollegiate athletics contests or other events associated with intercollegiate athletics; rights and licensing<\/span>; school funds<\/span>; student fees<\/span>; support from third parties guaranteed by the institution, such as income received from athletics camps, income received from television, and housing allowances; and all other income from any other source generated by the institution’s intercollegiate athletics programs<\/span>.\n\t\t\t“Contributions<\/span>” means any income received directly from individuals, corporations, associations, foundations, clubs, or other donors for the operation of an institution’s intercollegiate athletics programs<\/span>. “Contributions<\/span>” includes amounts paid in excess of the face value of an admissions ticket to an intercollegiate athletics contest or any other event associated with intercollegiate athletics; cash; marketable securities; income generated from preferential seating arrangements at intercollegiate athletics contests or other events associated with intercollegiate athletics; and in-kind contributions<\/span> such as cars provided to an intercollegiate athletics program<\/span> by car dealers at no cost and apparel and sports drink products provided to intercollegiate athletes and coaches at no cost.\n\t\t\t“Generated revenue<\/span>” means all athletics revenue<\/span> with the exception of the subsidy.\n\t\t\t“Institution” means a baccalaureate public institution of higher education<\/span><\/span>.\n\t\t\t“Intercollegiate athletics program<\/span>” means any athletics program for a particular sport that is operated by an institution and governed by the National Collegiate Athletic Association (NCAA).\n\t\t\t“Rights and licensing<\/span>” includes income from radio and television broadcasts; Internet and e-commerce rights resulting from institution-negotiated contracts<\/span>; revenue-sharing agreements with the NCAA or an intercollegiate athletics conference; licensing; the sale of advertisements, trademarks, or royalties; corporate sponsorships; and the value of in-kind contributions<\/span> of products and services provided to an intercollegiate athletics program<\/span> at no cost as part of such corporate sponsorship, such as equipment, apparel, isotonic sports drinks, other sports drink products, or water.\n\t\t\t“School funds<\/span>” means the direct and indirect financial support provided by the institution to any of its intercollegiate athletics programs<\/span>. “School funds<\/span>” includes state funds, tuition, tuition waivers<\/span>, federal work awards for student athletes, administrative costs, facilities and grounds maintenance, security, risk management, utilities, and depreciation and debt services.\n\t\t\t“Student fees<\/span>” means any fees assessed by an institution against a student that are used to support any of the institution’s intercollegiate athletics programs<\/span>.\n\t\t\t“Subsidy” means the sum of school funds<\/span> and student fees<\/span>.\n\t\t\t“Subsidy percentage<\/span>” means the subsidy divided by the athletics revenue<\/span>, provided that revenues allocated to (i) support spirit groups associated with any intercollegiate athletics program<\/span>, (ii) meet any indirect cost policy requirements, or (iii) debt service for previously approved intercollegiate athletics capital outlay projects may be excluded from the subsidy for the purposes of such calculation.\n\t\t\t“Ticket sales<\/span>” means the sale of the right to gain admission to an intercollegiate athletics contest or any other event associated with intercollegiate athletics. “Ticket sales<\/span>” includes sums received from any associated shipping and handling charges and includes sales to the public, faculty, and students. “Ticket sales<\/span>” does not include (i) amounts paid in excess of the face value of an admissions ticket to an intercollegiate athletics contest or any other event associated with intercollegiate athletics such as preferential seating arrangements or (ii) pass-through sales transactions such as sales for admission tickets to bowl games and conference and national tournaments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Auditor of Public Accounts, in collaboration with the Council<\/span>, State Comptroller, Department of Planning and Budget, and each institution, shall develop and implement a standardized reporting format for each institution to annually report its intercollegiate athletics revenue<\/span> and expenses to the Auditor of Public Accounts that shall include treatment of student fees<\/span> and classification of specific intercollegiate athletics programs<\/span> and shall require expenses for spirit groups, indirect cost policy requirements, and debt service for previously approved intercollegiate athletics capital outlay projects and other intercollegiate athletics capital outlay projects to be reported on separate lines. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The subsidy percentage<\/span> shall not exceed: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 20 percent for NCAA Division I-A institutions<\/span> affiliated with the Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference, or Southeastern Conference; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 55 percent for NCAA Division I-A institutions<\/span> affiliated with conferences other than the Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference, or Southeastern Conference; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 70 percent for NCAA Division I-AA institutions<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 78 percent for NCAA Division I-AAA institutions<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 81 percent for NCAA Division II institutions<\/span> that operate intercollegiate football programs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> 85 percent for NCAA Division II institutions<\/span> that do not operate intercollegiate football programs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> 89 percent for NCAA Division III institutions<\/span> that operate intercollegiate football programs; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> 92 percent for NCAA Division III institutions<\/span> that do not operate intercollegiate football programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each fiscal year, any percentage increase in the subsidy at an institution that complies with subsection C shall be matched by a like percentage increase in generated revenue<\/span>, except that each such institution shall utilize a rolling average of the change in generated revenue<\/span> and student fees<\/span> over the immediately preceding five years for the purposes of such calculation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When necessary, each institution shall submit to the Governor and the General Assembly for approval a plan that reduces the subsidy in accordance with targets outlined in the plan over a five-year period until the subsidy percentage<\/span> complies with the requirements of subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Auditor of Public Accounts shall annually review each institution’s progress towards meeting the requirements of each plan approved pursuant to subsection E as part of his annual audit pursuant to § 30-133<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Failure to meet the progress requirements of each plan approved pursuant to subsection E for one year, as determined by the Auditor of Public Accounts, shall result in such reduction of the financial and administrative operations authority granted to the institution pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000<\/a> et seq.) as the Governor or General Assembly determines. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Failure to meet the progress requirements of each plan approved pursuant to subsection E for two consecutive years, as determined by the Auditor of Public Accounts, shall result in revocation<\/span> of all financial and administrative operations authority granted to the institution pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The board of visitors of any institution that seeks to add a major intercollegiate athletics program<\/span> such as football or basketball or change the division level of any of its existing intercollegiate athletics programs<\/span> shall first submit to the Intercollegiate Athletics Review Commission (Commission) established pursuant to Chapter 57 (§ 30-359<\/a> et seq.) of Title 30 a plan and recommendations for financing the addition or change. The institution shall not in any way undertake any such addition or agree or commit to any such change until it has received the findings<\/span> and recommendations of the Commission pursuant to § 30-360<\/a>. Any such addition or change is subject to the approval of the General Assembly expressed in the general appropriation act. The board of visitors of any institution that adds a non-major intercollegiate athletics program<\/span> shall report such decision within 15 days of the board’s action. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARDS OF VISITORS; BACCALAUREATE PUBLIC INSTITUTIONS OF HIGHER EDUCATION;\nINTERCOLLEGIATE ATHLETICS PROGRAMS (\u00a7 23.1-1309)\n\nA. As used in this section:\n\t\t\t“Athletics revenue” means the total revenue received by an\ninstitution that is generated by any of the institution’s intercollegiate\nathletics programs. “Athletics revenue” includes contributions; game\nguarantees; income received from endowments and investments; income received\nfrom the sale of food, game programs, novelties, and other concessions at an\nintercollegiate athletics contest; income received from intercollegiate\nathletics conferences for participation in bowl games, tournaments, and other\nintercollegiate athletics contests; income received from the provision of\nparking at intercollegiate athletics contests or other events associated with\nintercollegiate athletics; rights and licensing; school funds; student fees;\nsupport from third parties guaranteed by the institution, such as income\nreceived from athletics camps, income received from television, and housing\nallowances; and all other income from any other source generated by the\ninstitution’s intercollegiate athletics programs.\n\t\t\t“Contributions” means any income received directly from\nindividuals, corporations, associations, foundations, clubs, or other donors for\nthe operation of an institution’s intercollegiate athletics programs.\n“Contributions” includes amounts paid in excess of the face value of\nan admissions ticket to an intercollegiate athletics contest or any other event\nassociated with intercollegiate athletics; cash; marketable securities; income\ngenerated from preferential seating arrangements at intercollegiate athletics\ncontests or other events associated with intercollegiate athletics; and in-kind\ncontributions such as cars provided to an intercollegiate athletics program by\ncar dealers at no cost and apparel and sports drink products provided to\nintercollegiate athletes and coaches at no cost.\n\t\t\t“Generated revenue” means all athletics revenue with the\nexception of the subsidy.\n\t\t\t“Institution” means a baccalaureate public institution of higher\neducation.\n\t\t\t“Intercollegiate athletics program” means any athletics program\nfor a particular sport that is operated by an institution and governed by the\nNational Collegiate Athletic Association (NCAA).\n\t\t\t“Rights and licensing” includes income from radio and television\nbroadcasts; Internet and e-commerce rights resulting from institution-negotiated\ncontracts; revenue-sharing agreements with the NCAA or an intercollegiate\nathletics conference; licensing; the sale of advertisements, trademarks, or\nroyalties; corporate sponsorships; and the value of in-kind contributions of\nproducts and services provided to an intercollegiate athletics program at no\ncost as part of such corporate sponsorship, such as equipment, apparel, isotonic\nsports drinks, other sports drink products, or water.\n\t\t\t“School funds” means the direct and indirect financial support\nprovided by the institution to any of its intercollegiate athletics programs.\n“School funds” includes state funds, tuition, tuition waivers,\nfederal work awards for student athletes, administrative costs, facilities and\ngrounds maintenance, security, risk management, utilities, and depreciation and\ndebt services.\n\t\t\t“Student fees” means any fees assessed by an institution against\na student that are used to support any of the institution’s\nintercollegiate athletics programs.\n\t\t\t“Subsidy” means the sum of school funds and student fees.\n\t\t\t“Subsidy percentage” means the subsidy divided by the athletics\nrevenue, provided that revenues allocated to (i) support spirit groups\nassociated with any intercollegiate athletics program, (ii) meet any indirect\ncost policy requirements, or (iii) debt service for previously approved\nintercollegiate athletics capital outlay projects may be excluded from the\nsubsidy for the purposes of such calculation.\n\t\t\t“Ticket sales” means the sale of the right to gain admission to\nan intercollegiate athletics contest or any other event associated with\nintercollegiate athletics. “Ticket sales” includes sums received\nfrom any associated shipping and handling charges and includes sales to the\npublic, faculty, and students. “Ticket sales” does not include (i)\namounts paid in excess of the face value of an admissions ticket to an\nintercollegiate athletics contest or any other event associated with\nintercollegiate athletics such as preferential seating arrangements or (ii)\npass-through sales transactions such as sales for admission tickets to bowl\ngames and conference and national tournaments.\n\nB. The Auditor of Public Accounts, in collaboration with the Council, State\nComptroller, Department of Planning and Budget, and each institution, shall\ndevelop and implement a standardized reporting format for each institution to\nannually report its intercollegiate athletics revenue and expenses to the\nAuditor of Public Accounts that shall include treatment of student fees and\nclassification of specific intercollegiate athletics programs and shall require\nexpenses for spirit groups, indirect cost policy requirements, and debt service\nfor previously approved intercollegiate athletics capital outlay projects and\nother intercollegiate athletics capital outlay projects to be reported on\nseparate lines.\n\nC. The subsidy percentage shall not exceed:\n\n 1. 20 percent for NCAA Division I-A institutions affiliated with the Atlantic\n Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference, or\n Southeastern Conference;\n\n 2. 55 percent for NCAA Division I-A institutions affiliated with conferences\n other than the Atlantic Coast Conference, Big Ten Conference, Big 12\n Conference, Pac-12 Conference, or Southeastern Conference;\n\n 3. 70 percent for NCAA Division I-AA institutions;\n\n 4. 78 percent for NCAA Division I-AAA institutions;\n\n 5. 81 percent for NCAA Division II institutions that operate intercollegiate\n football programs;\n\n 6. 85 percent for NCAA Division II institutions that do not operate\n intercollegiate football programs;\n\n 7. 89 percent for NCAA Division III institutions that operate intercollegiate\n football programs; and\n\n 8. 92 percent for NCAA Division III institutions that do not operate\n intercollegiate football programs.\n\nD. Each fiscal year, any percentage increase in the subsidy at an institution\nthat complies with subsection C shall be matched by a like percentage increase\nin generated revenue, except that each such institution shall utilize a rolling\naverage of the change in generated revenue and student fees over the immediately\npreceding five years for the purposes of such calculation.\n\nE. When necessary, each institution shall submit to the Governor and the General\nAssembly for approval a plan that reduces the subsidy in accordance with targets\noutlined in the plan over a five-year period until the subsidy percentage\ncomplies with the requirements of subsection C.\n\nF. The Auditor of Public Accounts shall annually review each institution’s\nprogress towards meeting the requirements of each plan approved pursuant to\nsubsection E as part of his annual audit pursuant to § 30-133.\n\nG. Failure to meet the progress requirements of each plan approved pursuant to\nsubsection E for one year, as determined by the Auditor of Public Accounts,\nshall result in such reduction of the financial and administrative operations\nauthority granted to the institution pursuant to the Restructured Higher\nEducation Financial and Administrative Operations Act (§ 23.1-1000 et seq.)\nas the Governor or General Assembly determines.\n\nH. Failure to meet the progress requirements of each plan approved pursuant to\nsubsection E for two consecutive years, as determined by the Auditor of Public\nAccounts, shall result in revocation of all financial and administrative\noperations authority granted to the institution pursuant to the Restructured\nHigher Education Financial and Administrative Operations Act (§ 23.1-1000\net seq.).\n\nI. The board of visitors of any institution that seeks to add a major\nintercollegiate athletics program such as football or basketball or change the\ndivision level of any of its existing intercollegiate athletics programs shall\nfirst submit to the Intercollegiate Athletics Review Commission (Commission)\nestablished pursuant to Chapter 57 (§ 30-359 et seq.) of Title 30 a plan\nand recommendations for financing the addition or change. The institution shall\nnot in any way undertake any such addition or agree or commit to any such change\nuntil it has received the findings and recommendations of the Commission\npursuant to § 30-360. Any such addition or change is subject to the\napproval of the General Assembly expressed in the general appropriation act. The\nboard of visitors of any institution that adds a non-major intercollegiate\nathletics program shall report such decision within 15 days of the board’s\naction.\n\nHISTORY: 2015, c. 704, \u00a7 23-1.2; 2016, c. 588.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}