Board of Visitors Policy: 1901

Section 23.1-408.1, Code of Virginia, as amended, authorizes the 91¶ÌÊÓƵ to create and enforce a policy governing the compensation of a student-athlete for the use of his or her NIL. Consistent with the law, this policy and any future modifications must be approved by the Board of Visitors for the 91¶ÌÊÓƵ.

Athletic Activities shall mean any activity that is considered Countable Athletically Related Activities or Required Athletically Related Activities as defined by the National Collegiate Athletic Association’s (NCAA) Division I Manual, as amended from time to time.

Compensation shall mean any type of remuneration of anything of value. It does not include any (i) scholarship provided to a student-athlete that covers some or all of the cost of attendance at the 91¶ÌÊÓƵ or (ii) benefit a student-athlete may receive in accordance with the rules of the relevant athletic association or conference.

Student-athlete shall mean an individual enrolled at the 91¶ÌÊÓƵ who participates in intercollegiate athletics.

This policy applies to all student-athletes, employees of the 91¶ÌÊÓƵ’s athletics department, and all volunteers associated with the athletics department. Employees include all staff, administrators, full-or part-time, and classified or non-classified persons who are paid by the 91¶ÌÊÓƵ and assigned to the athletics department.

The 91¶ÌÊÓƵ is committed to ensuring its student-athletes may participate fully in permissible NIL activities. As such, the following standards apply:

1. Services Rendered: A student-athlete is eligible to receive compensation for the use of his or her NIL for actual services rendered by the student-athlete related to his or her participation in an intercollegiate athletics program sponsored by the 91¶ÌÊÓƵ.Compensation shall not be provided to student-athletes for their NIL rights for participation in academic or athletic activities.
2. Outside Activities: This policy is not meant to regulate activities unrelated to intercollegiate athletics, so long as such activities do not impact the student-athlete’s eligibility as determined by the NCAA, the athletic conference, or university rules.
3. Compensation: Payments made subject to this policy are separate from any other student-athlete payments, including scholarships, provided by the 91¶ÌÊÓƵ. Additionally, no student fees may be used to compensate a student-athlete for his or her NIL.
4. Compliance: Student-athletes must adhere to applicable law and all university and athletics department policies when engaging in NIL activities. Student-athletes must also remain in good standing with and be enrolled at the 91¶ÌÊÓƵ to be eligible for compensation under this policy.

1. Student-Athlete Participation:

• (a) Student-athletes must comply with all athletics department policies requiring the reporting of a student-athletes' NIL activity to the 91¶ÌÊÓƵ. Such policies will be based on current NCAA and athletics conference rules and regulations as well as any legal requirements and will be subject to change as needed to maintain compliance with such authorities.
• (b) Prior to participating in NIL activities, and thereafter annually, student-athletes must attend athletics department educational programs related to NIL.
• (c) All compensation to be paid by the 91¶ÌÊÓƵ to a student-athlete must be agreed upon in writing and fully executed by the 91¶ÌÊÓƵ and student-athlete.

2. Restrictions:

• (a) Student-athletes shall not earn compensation for the use of their NIL in connection with any of the delineated prohibitions found in Section 23.1-408.1(F), Code of Virginia.
• (b) Nothing permitted under this policy shall be construed to create an employment relationship between the student-athletes and the 91¶ÌÊÓƵ or qualify a student-athlete as an employee of the 91¶ÌÊÓƵ solely because the student-athlete engages in NIL activities.
• (c) Student-athletes must receive written permission from the 91¶ÌÊÓƵ prior to utilizing any university marks, intellectual property, issued apparel or equipment, or facilities in NIL activities.

The Deputy Athletics Director for Student-Athlete Advancement, Revenue Growth, and Competitive Strategy shall be responsible for implementation and compliance with this policy.