Virginia NIL rules for college and high school athletes

Virginia NIL law for college athletes

Virginia Code Section 23.1-408.1, enacted in 2022 and amended in 2024, bars Virginia colleges and athletic associations from stopping athletes from earning NIL compensation or getting an agent or attorney, from declaring them ineligible, and from reducing or revoking scholarships because of NIL. It also bars associations from penalizing a school because it pays athletes for NIL or helps create NIL opportunities.

• A Virginia college, its supporting foundations or an entity acting for it may identify, create, negotiate, facilitate and support NIL opportunities, and the college may compensate athletes directly. No student fees may be used.
• Each college must adopt NIL policies approved by its governing board.
• Athletes must disclose an NIL agreement to the school before signing; a school may block a deal that conflicts with an existing school agreement or its approved policies.
• Athletes may not use school facilities, apparel, equipment, uniforms or trademarks without permission, and a school may bar NIL activity during class, team activities and other athletic department activities.
• Banned categories: alcohol, adult entertainment, cannabis products (not hemp), controlled substances, performance-enhancing drugs, drug paraphernalia, tobacco and nicotine products, weapons and ammunition, and casinos or gambling, including sports betting.
• NIL does not make an athlete an employee. A school penalized by an association for following the statute may sue for damages.

Division I athletes also report third-party deals of $600 or more to NIL Go.

Virginia high school NIL (state law and VHSL)

Virginia is one of the few states with a statute protecting high school NIL. Section 22.1-212.2:4, enacted in 2024, says no high school, athletic association or conference may stop a student from earning NIL compensation, stop them from hiring a registered athlete agent or licensed attorney, or declare them ineligible for doing so. The same banned categories as for college athletes apply. A high school may bar NIL activity during academic and team activities, may block a deal that conflicts with an existing school agreement, and must be told about an agreement before the student signs it.

The Virginia High School League's rule, 28B-2-4 in the 2026-27 Handbook, adds:

• No compensation for the intellectual property of the VHSL or any school, including a school's, district's or region's name, uniform, mascot or logo, and no reference to the school, team, district, region or VHSL.
• No school uniform, and no endorsing a third-party NIL partner during school team activities (unless it is part of the standard uniform).
• Schools and teams may not use NIL to recruit students or keep them on a team.
• No school or anyone affiliated with it, including booster clubs, coaches, administrators, alumni and collectives, may solicit, arrange or negotiate NIL compensation for a student, other than for their own child.
• Notify the principal or athletic director in writing within 72 hours of signing any NIL contract.

A student who loses amateur standing is ineligible and can be reinstated by the VHSL Executive Committee after one year. The VHSL also offers a digital NIL policy course for families.

Frequently asked questions

Next steps

Sources

1. Code of Virginia § 23.1-408.1 — Virginia General Assembly
2. Code of Virginia § 22.1-212.2:4 — Virginia General Assembly
3. VHSL 2026-27 Handbook and Policy Manual (rule 28B-2-4) — Virginia High School League
4. VHSL NIL Policy Digital Course — Virginia High School League
5. Student-Athlete NIL Deals — College Sports Commission