THIS IS ESENTIALLY THE RULES, THE GUIDANCE, AND THE RATIONAL THAT THE VHSL IS CONSIDERING.
I was fortunate enough to have a frank and informative discussion with a representative of the VHSL today concerning this topic. I would like to expand on our discussions on this proposal, but I encourage you readers to carefully read this legislation, and focus on the big picture, not the specific line items, and then let’s talk.
28B-2-4 Name, Image, and Likeness (NIL)
Students may receive consideration for the use of their own name, image and likeness (NIL). Common NIL activities include, but are not limited to: social media (or acting as a social media
influencer), product endorsements, personal appearances, autograph sessions, merchandise or apparel sales, or group licensing.
NIL contracts/agreements need to come from analysis of the value an athlete brings for providing a specific service/activity, not as an incentive for enrollment decisions or membership on a team. An athlete forfeits amateur status in a sport by capitalizing on athletic fame by receiving money, compensation, endorsements or gifts of monetary value for Intellectual Property of the VHSL or any member school. Intellectual property includes, but is not limited to, activities involving the student’s school team, uniform, mascot, logos, school name, district, region or VHSL (scholarships to institutions of higher learning are specifically exempted).
a) This provision is not intended to restrict the right of any student and their family to engage in NIL activities for financial gain, except as prohibited by this guidance. The following activities are permissible from the use of their own NIL.
Commercial endorsements
Promotional activities
Social media presence
Product or service advertisements
(b) Student-athletes must keep their NIL activities and participating in interscholastic athletics separate. Student-athletes are prohibited from engaging in the following while participating in NIL activities.
Make any reference to the school team, school, district, region or VHSL.
Appear in the uniform of the student’s school and does not utilize the marks, logos, etc. of the school team.
Endorsing or promoting goods or service of any third-party NIL partner during school-based team activities and events, including but not limited to wearing third-party apparel, displaying a third-party logo or brand, and displaying attire-party insignia or identifying mark unless it is part of the standard school uniform for that sport..
(c) Students may not engage in any NIL activities involving, displaying or endorsing the following categories of products and services:
Adult entertainment products and services
Alcohol products
Tobacco and electronic smoking products and devices
Opioids and prescription pharmaceuticals
Controlled dangerous substances
Casinos and gambling, including sports betting
Weapons, firearms and ammunition
(d) No school or anyone employed by or affiliated with a member school, including booster clubs, coaches, administrators, alumni or an NIL Collective*, may solicit, arrange, or negotiate or pay for a student’s NIL, other than their own child.
*NIL Collective: A group of alumni, supporters parents, or other people who form a corporation, limited liability company, partnership, non-profit organization foundation, or other entity to provide NIL opportunities to student-athletes of a specific school.
Students must notify the Principal or Athletic Director in writing of the student’s school upon entering into any type of NIL contracts/agreements within 72 hours after entering into the agreement.
28B-2-4 28B-2-5Penalty: A pupil who has lost his/her amateur standing through violation of this rule shall be ineligible for interscholastic athletic competition. Such student may be reinstated as an amateur by the Executive Committee, provided his/her principal requests in writing his/her reinstatement as an amateur and certifies that the student has not during that one-year period violated this rule, and that the student is not now under contract to, or owned by, any professional athletic organization.
Rationale: In 2021, the U.S. Supreme Court decided that the NCAA’s rules limiting education-related benefits for student-athletes violated federal antitrust laws. National Collegiate Athletic Association v. Alston, 141 S.Ct. 2141 (2021). Although the Court’s decision applied specifically to NCAA rules, the ruling has generated expansion of name, image, and likeness (NIL) opportunities for high school students. The Virginia High School League proposing legislation to help guide members, parents, and students to clarify how student-athletes may engage in NIL activities for financial gain and still retain athletic eligibility under VHSL regulations.