Virginia Tech Football Player Retains NIL Attorney Darren Heitner Over Redshirt ‘Opt-Out’ Dispute

An unnamed Virginia Tech player has retained NIL attorney Darren Heitner to challenge a redshirt decision the program labeled an “opt-out,” affecting their NIL deals.

Sep 20, 2025; Blacksburg, Va.; Virginia Tech defensive lineman Kemari Copeland (13), quarterback A.J. Brand (18) and wide receiver Ayden Greene (0) run onto the field. | Brian Bishop-Imagn Images

Name, image and likeness (NIL) attorney Darren Heitner has been retained by a Virginia Tech player to challenge the ruling of redshirting as "opting out", justifying termination of scholarships and revenue-sharing payments.

"I am shocked by Virginia Tech's untenable position that a decision to redshirt constitutes 'opting out' and fraudulent misrepresentation under the NCAA's Bylaws, justifying immediate termination of scholarships and revenue-sharing payments under the House settlement," Heitner posted on his X account. "Redshirting is a standard practice to preserve eligibility, not voluntary withdrawal from a program, and schools cannot void revenue-sharing payments on pay-for-play grounds. I have been retained by a Hokies player to aggressively challenge this and am happy to assist any others facing similar issues."

The player as to which Heitner is referring is unknown.

Correct.

— Darren Heitner (@DarrenHeitner) September 26, 2025

However, when asked by Tech Lunch Pail's Tim Thomas, Heitner said yes to Thomas asking whether the player wanted to redshirt but desired to stay with the program and participate in practice.

It's a different scenario as opposed to redshirting and entering the transfer portal immediately. An opt-out, more aptly, would be when a player utilizes their redshirt, then leaves the team immediately and transfers following that decision. The question thus becomes whether the player would redshirt and leave immediately, negating NIL payments, or if they would redshirt and leave at the end of the year, collecting their money and scholarship before leaving the program. The school, however, is not compelled to grant said redshirt.

Money appears to be the driving factor, as it has increasingly become in many areas of college football. It remains unclear whether the move for the player is intended simply to wait out the season and collect earnings, or if it’s part of a longer-term developmental strategy. In response to a Twitter inquiry, Heitner stated that the player “didn’t enter his name in the transfer portal and would prefer to remain with the team.”

[UPDATE: The player has not entered the transfer portal and prefers to stay at Virginia Tech, per Tech Sideline's Andy Bitter, who had an e-mail exchange with Heitner. The program called the player's redshirt decision an "opt-out", removing him from the roster and restricting his access to various athletic resources. Per Bitter's conversation with Heitner, the program also sought to immediately revoke his scholarship aid and discontinue his revenue-sharing agreement. No legal action has yet been taken. The athletic department declined to comment to Bitter.]

Here is what I’ve gleaned about the #Hokies football situation @darrenheitner brought to light earlier today after an email exchange (he was on a plane):

• A Virginia Tech player expressed an interest in redshirting for the rest of the 2025 season to preserve a year of…

— Andy Bitter (@AndyBitterVT) September 26, 2025

Following the dismissal of former head coach Brent Pry, Virginia Tech players with remaining eligibility have a 30-day window to enter the transfer portal. True juniors, such as cornerback Dante Lovett and linebacker Michael Short — who have each announced their intent to enter the transfer portal — make sense in terms of entering the portal, since they would retain two years of eligibility at their next program. Although wide receiver/punt returner Tucker Holloway isn't a true junior, having redshirted in 2024 after a leg injury cost him all of last season, he would also presumably retain two years of eligibility, thanks to a medical redshirt (if granted).

More information will be reported on this article as needed.