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  • Intercollegiate Athletics Name Image Likeness Letter

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    Caitlyn Frolo
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    Universities across Virginia are trying to get their athletes in the game to get paid for their name, image and likeness. They are calling on Governor Northam to take action. In a letter they sent in late May, they encourage the Governor to issue an Executive Order to change the law.

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    Universities across Virginia are trying to get their athletes in the game to get paid for their name, image and likeness. They are calling on Governor Northam to take action. In a letter they sent in late May, they encourage the Governor to issue an Executive Order to change the law.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    1K views4 pages

    Intercollegiate Athletics Name Image Likeness Letter

    Uploaded by

    Caitlyn Frolo
    Universities across Virginia are trying to get their athletes in the game to get paid for their name, image and likeness. They are calling on Governor Northam to take action. In a letter they sent in late May, they encourage the Governor to issue an Executive Order to change the law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 4

    May 19, 2021

    Hon. Ralph S. Northam


    Governor of the Commonwealth of Virginia
    P.O. Box 1475
    Richmond, VA 23218

    Hon. Richard L. Saslaw Hon. Thomas K. Norment, Jr.


    Majority Leader, Senate of Virginia Minority Leader, Senate of Virginia
    P.O. Box 396 P.O. Box Box 396
    Richmond, VA 23218 Richmond, VA 23218

    Hon. Eileen Filler-Corn Hon. Charniele L. Herring


    Speaker, Virginia House of Delegates Majority Leader, Virginia House of Delegates
    900 East Main Street 900 East Main Street
    Richmond, VA 23219 Richmond, VA 23219

    Hon. C. Todd Gilbert Hon. L. Louise Lucas


    Minority Leader, Virginia House of Delegates Chair, Senate Education and Health Committee
    900 East Main Street P.O. Box 396
    Richmond, VA 23219 Richmond, VA 23218

    Hon. Roslyn C. Tyler


    Chair, House Education Committee
    900 East Main Street
    Richmond, VA 23219

    Dear Governor Northam and General Assembly Leaders,

    Intercollegiate athletics is a unique model of competition built upon amateurism. Athletes pursue
    undergraduate and graduate degrees at top colleges and universities, without receiving a salary,
    and participate in some of the highest levels of competition. Athletes are also students, not
    employees, who simultaneously pursue a degree and participate in a group activity that brings
    acclaim and attention to their institutions.

    Virginia colleges and universities provide personal, academic and developmental resources that
    allow students personal and professional growth opportunities. This is essential because most
    student-athletes do not pursue a professional athletic career. However, unlike their non-athlete
    peers, student-athletes are precluded from pursuing legitimate earning opportunities that are
    associated with their talents and skills.

    Specifically, National Collegiate Athletic Association (“NCAA”) and National Junior College
    Athletic Association (“NJCAA”) rules preclude student-athletes from using their name, image
    and likeness (“NIL”) for commercial purposes. Student-athletes believe earning income from
    their NIL is a fundamental right, which the NCAA prohibition violates. Thus, student-athletes
    have pushed for change and the ability to obtain benefits from their NIL.

    Prior to 2020, institutions were hopeful that the United States Congress would legislate and
    create a national Name, Image, and Likeness standard. Unfortunately, to date, the Congress has
    not considered such legislation and the outlook at this point for the future is unclear. In the face
    of pressure from student-athletes and their advocates, the NCAA has considered modernizing its
    NIL prohibition. In November 2020, the NCAA proposed legislation that would permit
    student-athletes to earn income from their NIL. However, in January 2021, the NCAA tabled its
    NIL legislation. Currently, there is no date as to when that legislation will be considered again.

    In the wake of the NCAA’s inaction, sixteen states have enacted laws that will permit
    student-athletes to use their NIL for commercial purposes. Several other states have also
    introduced NIL bills. Many of these laws go into effect as early as July 1, 2021. This
    state-by-state patchwork approach will create a real imbalance in the opportunities available to
    student-athletes in different states, starting this summer.

    Student-athletes are monitoring which states are adopting NIL laws and are making enrollment
    decisions based in part on the availability of NIL benefits in particular states. Virginia is on the
    losing end of these decisions, given our lack of an NIL law similar to those adopted by other
    states. Accordingly, student-athletes are choosing to attend institutions in states other than
    Virginia because those states have adopted favorable laws.

    Unless we act soon and provide Virginia student-athletes the opportunity to benefit from their
    NIL, Virginia colleges and universities will continue to suffer a significant competitive
    disadvantage. Virginia colleges and universities have strong academic and intercollegiate athletic
    programs, but this strength will wane as student-athletes choose to attend colleges and
    universities in states that have NIL laws.

    As in other states, the allowance of NIL benefits in Virginia could come in the form of legislation
    passed by our General Assembly. Unfortunately, the legislative session in the Commonwealth of
    Virginia has ended and legislation is not possible unless the General Assembly were to consider
    legislation during a special session. Therefore, we anticipate the General Assembly will not be
    able to consider NIL legislation until after the NIL laws of other states go into effect. Virginia
    student-athletes, colleges, and universities will be at a significant competitive disadvantage for at
    least a year due to the enactment of NIL legislation in other states. We believe this delay will
    further increase inequities among student-athletes.

    In follow-up to our April 22, 2021, meeting with Virginia Secretary of Education Atif Qarni, we
    urge you to consider issuing an Executive Order that provides immediate NIL opportunities to
    Virginia student-athletes. Such an Order should provide sufficient guardrails to preserve the
    intercollegiate model of athletics. For example, to preclude pay-for-play, student-athletes would
    be prohibited from earning income from their NIL during team activities, or from Virginia
    colleges and universities in exchange for participation in intercollegiate athletics. Furthermore,
    the Executive Order should provide NIL opportunities but not impact Title IX compliance.
    Virginia colleges and universities will continue to provide equal athletic and academic
    opportunities (e.g, participation, scholarships) to women and men, and be mindful of gender
    equity issues.

    Further discussions may be needed to determine what else should be included in the Executive
    Order. Notwithstanding, to remain competitive with states that have adopted NIL laws, Virginia
    colleges and universities need executive action that permits student-athletes to use their NIL for
    commercial purposes in the immediate future. The Executive Order would not require the
    Commonwealth of Virginia to expend any resources. Rather, it may generate additional tax
    revenue from student-athletes who earn income.

    While an Executive Order would provide an expedient solution for Virginia collegiate athletes, it
    is imperative we also pursue a more permanent legislative solution. We welcome the chance to
    work with Virginia’s executive and legislative leadership to pursue these parallel tracks.

    Each of the undersigned individuals support the Governor signing an Executive Order that
    permits student-athletes to use their NIL for commercial purposes.

    Sincerely,

    Michael Rao, President Robert B. Lambeth, Jr., President


    Virginia Commonwealth University Council of Independent Colleges in Virginia

    Gregory Washington, President Jonathan R. Alger, President


    George Mason University James Madison University

    Javaune M. Adams-Gaston, President John R. Broderick, President


    Norfolk State University Old Dominion University

    Brian O. Hemphill, President Debbie L. Sydow, President


    Radford University Richard Bland College

    Troy D. Paino, President James E. Ryan, President


    University of Mary Washington University of Virginia

    Donna Price Henry, Chancellor Glenn DuBois, Chancellor


    University of Virginia’s College at Wise Virginia Community College System
    Maj. Gen. General Cedric T. Wins Makola M. Abdullah, President
    Superintendent, Virginia Military Institute Virginia State University

    Timothy D. Sands, President, Virginia Katherine A. Rowe, President


    Polytechnic Institute and State University William & Mary

    Brad Edwards, Assistant Vice President, Jeff Bourne, Director of Athletics


    Dir. of Athletics, George Mason University James Madison University

    Ian McCaw, Athletic Director Melody Webb, Athletic Director


    Liberty University Norfolk State University

    Camden Wood Selig, Athletic Director Robert Lineburg, Director of Athletics


    Old Dominion University Radford University

    Carla Williams, Director of Athletics Ed McLaughlin, Vice President & Director of


    University of Virginia Athletics, Virginia Commonwealth University

    Dave Diles, Athletic Director Whit Babcock, Director of Athletics, Virginia


    Virginia Military Institute Polytechnic Institute and State University

    CC: Clark Mercer, Chief of Staff


    Secretary Atif Qarni
    Deputy Secretary Fran Bradford
    Hon. Mark Herring
    Hon. Mark Keam
    Hon. Mamie Locke

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