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It’s official: Virginia’s high school athletes can soon profit from their name, image and likeness

The VHSL's adoption of NIL legislation follows a similar ruling by the NCAA last year for college athletes and adds Virginia to a growing list of states that allow high school athletes to profit from NIL deals.
Billy Schuerman/The Virginian-Pilot
The VHSL’s adoption of NIL legislation follows a similar ruling by the NCAA last year for college athletes and adds Virginia to a growing list of states that allow high school athletes to profit from NIL deals.
Staff mug of Jami Frankenberry. As seen Thursday, March 2, 2023.Author
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As early as July, high school athletes in Virginia can begin to profit from their name, image and likeness — or NIL — with social media, product endorsements, personal appearances, autographs and more.

The Virginia High School League on Wednesday finalized legislation with an Executive Committee vote of 32-2, approving Rule 28B-2-4. The vote followed a 31-0 first-vote tally in January, meaning a two-thirds majority vote was needed Wednesday for final approval.

The VHSL’s adoption of NIL legislation follows a similar ruling by the NCAA last year for college athletes and adds Virginia to a growing list of states that allow high school athletes to profit from NIL deals. At least 28 other states had approved legislation by last month, according to businessofcollegesports.com.

The VHSL governs the state’s more than 300 public high schools.

“NIL is already here. We already have teenagers, high school-age students, who have been offered NIL deals,” said John W. “Billy” Haun, the VHSL’s executive director, during a conference call and presentation Wednesday. “… We did not pass a policy today to say, yes you can do this, no you can’t do this, because I don’t feel the Virginia High School League has the authority to do that. What we can do is provide some guidance for our student-athletes, and for their parents, and for their coaches that will help keep students eligible and to not violate Virginia High School League policies on eligibility and being an amateur.”

The VHSL rule permits athletes to profit from social media, or acting as a social media influencer; product endorsements; personal appearances; autograph sessions; merchandise or apparel sales; and group licensing.

The VHSL will not allow athletes to be paid as an incentive for enrollment decisions or membership on a team or for “intellectual property” of the VHSL or any member school — meaning athletes can’t be paid for activities involving their school team, uniform, mascot, logos or school name.

“They can’t wear a high school uniform, can’t represent the school mascot, can’t use the school logo,” Hahn said.

A coach, administrator, school employee, booster club or alum is not permitted to negotiate an NIL deal for athletes.

Haun, during his presentation Wednesday, also emphasized that students must notify their principal or athletic director in writing “upon entering into any type of NIL contract within 72 hours of entering into the contract.”

Reaction in Hampton Roads was mostly positive after the Executive Committee’s first vote in January.

“For high school students, it is no different than them having a job, so I don’t see any problem with that,” said Dwight Robinson, the boys basketball coach at Landstown High in Virginia Beach. “All other students can work and earn money, so why can’t a student-athlete take advantage of their NIL to earn money?”

Added Princess Anne girls basketball player Zakiya Stephenson, “It will be a good thing because of how much we sacrifice and how much we put into this game. It takes a lot. It would just be wonderful for us to get that.”

Jami Frankenberry, 757-446-2376, jami.frankenberry@pilotonline.com.