Status

What We Discovered

The West Virginia Secondary Schools Activities Commission (WVSSAC) rules prohibit student-athletes from profiting from their Name, Image, and Likeness (NIL). The rules state that a student-athlete loses their amateur status by capitalizing on athletic fame through the receipt of money or gifts of monetary value. Scholarships to institutions of higher learning are explicitly exempted. Collegiate athletes should adhere to their current National Collegiate Association guidelines. To see NCAA, NJCAA, and NAIA guidelines, click here

Summary

College

NIL Law: None

Abstract | Full Law | Passed: N/A | Effective: N/A

West Virginia has not passed NIL legislation. College student-athletes can monetize their NIL in accordance with the NIL policies and procedures of their institution, conference, and national collegiate association (i.e. NCAA, NAIA, NJCAA).

Summary

High School

The WVSSAC rules indicate that student-athletes are prohibited from monetizing their name, image and likeness. It states a student-athlete loses their amateur status by capitalizing on athletic fame by receiving money or gifts of monetary value (scholarships to institutions of higher learning are specifically exempted).

Bylaws | WVSSAC Rules and Regulation Handbook

Excerpt | §127-2-11. Amateur; §127-3-5. Awards.

11.1. A student who represents a school in an interscholastic sport shall be an amateur in that sport. An amateur athlete is one who engages in athletic competition solely for the physical, mental, social, and plea- sure benefits derived therefrom. An athlete forfeits amateur status in a sport by:

  • 11.1.a. competing for money or other monetary compensation (allowable travel, meals, and lodg- ing expenses may be accepted);
  • 11.1.b. receiving any award or prize of monetary value which has not been approved by the WVS- SAC;
  • 11.1.c. capitalizing on athletic fame by receiving money or gifts of monetary value (scholarships to institutions of higher learning are specifically exempted);
  • 11.1.d. signing a professional playing contract in that sport.

11.2. Accepting a nominal, standard fee or salary for instructing, supervising, or officiating in organized youth sports program or recreation, playground, or camp activities shall not jeopardize amateur status. “Organized youth sports program” includes both school and non-school programs. Compensation for giving private lessons is permissible if approved by the WVSSAC.

11.3. A student who loses amateur status may apply to the WVSSAC for reinstatement in the interscho- lastic program after a waiting period of one complete high school season (starting practice date through state tournament or end of season) for that sport.

11.4. A senior student may participate in a professional tryout either during or after the season of that sport provided that:

  • 11.4.a. it does not occur on the day of a school contest of that sport; and
  • 11.4.b. it meets with the principal’s approval.

§127-3-5. Awards.

5.1. Only a member school or a school sponsoring a sanctioned event may give the following awards to a student or team: medal, trophy, cup, certificate, ribbon, plaque, unattached letter, unattached chevron, or any similar award.

5.2. A student may accept on an individual or team basis the above specified awards in the following situations:

  • 5.2.a. from a member school for participation;
  • 5.2.b. in a sanctioned event;
  • 5.2.c. in a non-sanctioned event, at any time in the following sports: cheerleading, cross country, golf, swimming, tennis, track, or wrestling;
  • 5.2.d. in a non-sanctioned event, but not during the school sports season for the following sports: football, basketball, volleyball, baseball, lacrosse, softball, or soccer.

5.3. A student may not receive the following awards with a retail value that exceeds $100.00:

  • 5.3.a. Apparel – sweaters, jackets, jerseys, shoes, etc.
  • 5.3.b. Equipment – radio, televisions, etc.
  • 5.3.c. Athletic goods – batons, tennis rackets, bats, golf bag, tennis or golf balls, etc.
  • 5.3.d. Money (scholarships to institutions of higher learning are exempted.)

5.4. Purchase of an item as identified in §127-3-5.3, whereby any portion is donated by a school, booster club, auxiliary agency, or any other group or organization is prohibited.

5.5 Nothing in §127-3-5 shall be interpreted to affect the recognition of scholarship or scholastic achievements.