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Intercollegiate Athletics Name Image Likeness Letter
Intercollegiate Athletics Name Image Likeness Letter
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,