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Effective July 1, 2021, the National Collegiate Athletic Association (NCAA) adopted an interim policy, which allows student-athletes from all three divisions to monetize their name, image, and likeness (hereinafter referred to as “NIL”).  The NCAA’s interim policy is effective until such time as either federal legislation or new NCAA rules are adopted. 

The press release issued by the NCAA regarding the Interim NIL Policy is available at https://www.ncaa.org/about/resources/media-center/news/ncaa-adopts-interim-name-image-and-likeness-policy

Additional information regarding the NCAA’s Interim NIL Policy can be found at https://www.ncaa.org/about/taking-action.

Virginia Legislation

On August 10, 2021, NIL legislation was approved in the Commonwealth of Virginia as part of House Bill 7001.  The complete text of House Bill 7001 can be found at https://lis.virginia.gov/cgi-bin/legp604.exe?213+ful+CHAP0001.  The following is a summary of the key provisions of the new Virginia NIL legislation as they relate to W&L and its student-athletes (i.e., individuals enrolled at W&L who participate in intercollegiate athletics):

  • W&L cannot provide a prospective or current student-athlete with compensation for the use of their name, image, or likeness.
  • W&L cannot prevent a student-athlete from earning compensation for the use of their name, image, or likeness, except under certain circumstances.
  • W&L cannot prohibit or prevent a student-athlete from obtaining professional representation by a licensed athlete agent or an attorney for issues related to NIL.
  • W&L cannot declare an athlete ineligible or prevent participation in intercollegiate athletics because they have earned compensation for the use of their name, image, or likeness.
  • Student-athletes are prohibited from earning compensation for the use of their name, image, or likeness in connection with any of the following activities:

    • Casinos or gambling, including sports betting;
    • Alcohol products;
    • Adult entertainment;
    • Cannabis, cannabinoids, cannabidiol, or other derivatives;
    • Dangerous or controlled substances;
    • Performance enhancing drugs or substances (e.g., steroids, human growth hormone);
    • Drug paraphernalia;
    • Tobacco and electronic smoking products and devices; and
    • Weapons, including firearms and ammunition.

  • Any activity or agreement entered into by a student-athlete that provides compensation for the use of the student-athlete’s name, image, or likeness must be disclosed to Bethany Dannelly, Associate Director of Athletics, bdannelly@wlu.edu.  Disclosures must be made at least seven (7) calendar days prior to the proposed activity or prior to entering into an agreement for the proposed activity as applicable). Disclosures shall be made in writing and shall include a description of the activity, the parties involved, the value and nature of any compensation provided, and a copy of any proposed written agreement pertaining to the activity, if any.
  • W&L student-athletes are not permitted to earn compensation for the use of their name, image, or likeness in exchange for attendance at an institution or if the compensation is contingent on the student-athlete achieving certain performance goals or objectives (“pay-for-performance).
  • W&L student-athletes may not use W&L facilities or uniforms or W&L’s intellectual property (including logos, indicia, trademarks, etc.).

Tax and Visa Implications

W&L student-athletes should be aware that income from NIL activities may be taxable and may affect eligibility for need-based financial aid.  Student-athletes should consult with a tax professional to determine any implications associated with new sources of income.

International student-athletes at W&L should consult with Hunter Swanson, Associate Director of International Education, hswanson@wlu.edu, to determine if NIL compensation could impact their visa status.

Other Policies and Procedures

W&L student-athletes remain bound by all other applicable University policies, procedures, practices and guidelines.

Questions?

Any questions related to NIL activities should be directed to Bethany Dannelly, Associate Director of Athletics, bdannelly@wlu.edu.

 

 

 

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