                                 CODE OF VIRGINIA

INTERCOLLEGIATE ATHLETICS; STUDENT-ATHLETES; COMPENSATION AND REPRESENTATION FOR
NAME, IMAGE, OR LIKENESS (§ 23.1-408.1)

A. As used in this section:
			&#8220;Athlete agent&#8221; means an individual who holds a valid certificate
of registration as an athlete agent issued pursuant to Chapter 5.2 (&#xA7;
54.1-526 et seq.) of Title 54.1.
			&#8220;Attorney&#8221; means an attorney licensed to practice law in the
Commonwealth.
			&#8220;Compensation&#8221; means any type of remuneration or anything of
value. &#8220;Compensation&#8221; 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.
			&#8220;Institution&#8221; means a private institution of higher education,
associate-degree-granting public institution of higher education, or
baccalaureate public institution of higher education.
			&#8220;Student-athlete&#8221; means an individual enrolled at an institution
who participates in intercollegiate athletics.
			&#8220;Student fees&#8221; means any fees assessed by an institution against
a student that are used to support any of the institution&#8217;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&#8217;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&#8217;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&#8217;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 &#xA7; 54.1-3401;

   5. Performance enhancing drugs or substances such as steroids or human growth
   hormone;

   6. Drug paraphernalia, as defined in &#xA7; 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&#8217;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&#8217;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.

HISTORY: 2022, cc. 510, 638; 2024, c. 837.