And then there were five.
The Ohio High School Athletic Association announced Nov. 24 that the referendum vote for name, image and likeness by high school principals passed by a vote of 447-121, with 247 schools abstaining from voting. The voting was conducted Nov. 17-21.
That means NIL has come to Ohio and is effective immediately. It leaves just Alabama, Hawaii, Indiana, Michigan and Wyoming as states without it.
“The next step is education,” OHSAA media director Tim Stried said in a phone interview. “We need to be able to have our schools understand and utilize the bylaws and help us manage it and help us enforce it. There are things which we’ve talked about, at the college level with NIL, that are not appropriate at the high school level. We need cooperation and assistance from our member schools to follow the bylaws.”
The need for the referendum came about as a result of a lawsuit filed by Ohio State commit and Huber Heights Wayne wide receiver Jamier Brown on Oct. 15 against the organization regarding NIL.
A Franklin County judge opened the case on Oct. 20 by issuing a 45-day temporary restraining order against the OHSAA.
“It’s our hope that the lawsuit will be dissolved either from the court or the plaintiff,” Stried said. “That’s not a guarantee, but we anticipate that the lawsuit will go away.”
What is an NIL deal? Why does it matter with the OHSAA?
An NIL deal allows athletes to earn money from endorsements, effectively profiting off their individual brand.
Brown’s lawsuit argues that current OHSAA rules single out “Ohio student-athletes for unequal treatment and also unlawfully suppresses their economic liberties, freedom of expression and restrains competition in the NIL marketplace.”
How will NIL work in Ohio
The OHSAA cannot legally put a cap on how much money an athlete can make, but all NIL deals must go through the organization. It’s not for approval or denial, but more so the organization knows.
As you might expect, NIL and the OHSAA will be an evolving situation as the organization tries to find common ground moving forward.
NIL is here, but there is wiggle room to amend or eliminate verbiage this spring.
“The only way the language in that bylaw could be changed is if we put it back to our member schools for a vote, and technically that could happen at the traditional annual May referendum voting period, so that’s May 1-15,” Stried said. “For anything in the constitution or the bylaws, the only way you can change it is for our schools to vote on it.
“The thing that could happen is, let’s say our schools vote in favor of this, but then we live with it for a few months and we realize this part wasn’t right, or we need to tweak that part. Then what we would do is put that proposed edit to our schools to vote on in May.”
How can NIL interfere with the recruiting of high school students
Pursuant to Bylaw 4-10-1, a student may not participate in an interscholastic sport unless the student is an amateur. Pay-for-play (receiving payments simply for being a student-athlete), entering an agreement/contract with a professional sports team and improper recruiting inducements remain prohibited.
What likely remains the biggest obstacle moving forward is that it presents a gray area in NIL.
“That will be a challenge,” Stried said. “We’ve talked about that as a staff, and we are going to try to avoid adding additional staff just for NIL, but that is a possibility. We are really all going to find out together how many NIL deals get done in Ohio, but all those will come through our office and we’re going to have to monitor those.
“And specifically regarding recruiting, we are going to have our work cut out for us to enforce and deter students from being persuaded to go to another school because of an NIL deal.”
What referendums did high school principals vote on?
- 4-11-1: For purposes of this bylaw, Name, Image and Likeness (NIL)/Personal Branding Rights shall mean the use of self-publicity due to public recognition (athletic fame) and/or the notoriety a student may attain to receive a benefit through appearances, licensing, social media, endorsements and/or the use of branding.
- Note 1:This bylaw has no connection to Bylaw 5, which permits a student to accept awards, gifts and prizes resulting from their participation/finish in athletic competitions. The requirements outlined within Bylaw 4-11 are solely related to a student-athlete’s promotional and marketing efforts based on their public recognition (athletic fame) or notoriety.
- Note 2: A collective is a third-party group, typically formed by alumni and supporters, that pools donations and fundraising to create and manage NIL/Personal Branding Rights opportunities for student-athletes. The collectives provide student-athletes with sponsorships, endorsement deals and other ways to monetize their NIL/Personal Branding Rights, bridging the gap between athletes and the brands or businesses looking to leverage their popularity and control their earnings from their public persona. Collectives are strictly prohibited.
- 4-11-2: A student may enter into an agreement/arrangement whereby the student capitalizes on their Name, Image and Likeness/Personal Branding Rights provided the following criteria are met:
- a) The student does not utilize the name, logos, mascots, trademarks or other proprietary properties of the OHSAA or any OHSAA member school or school team while receiving the compensation and/or during any promotions or imply that the OHSAA or the OHSAA member school or school team approves the NIL/personal branding activity, and
- b) The student does not engage in an NIL/Personal Branding Rights agreement that is provided by an OHSAA member school or an agent of the school (e.g. collectives, booster clubs, foundations, administrators, coaches or other individuals), and
- c) The student does not engage in any name and image/personal branding activities during school hours, while traveling to or from any OHSAA event or during school or team events including any practice, meeting, contest, tournament or any similar event or facility the OHSAA deems inappropriate or distracting (defined henceforth as “official team activities”), and
- d) The student does not engage in an NIL/Personal Branding Rights agreement that provides compensation based on specific athletic performance or achievement (e.g. points scored, etc.), and
- e) The student does not engage in an NIL/Personal Branding Rights agreement that is provided as an inducement to attend a particular school, and
- f) The student does not display the sponsor’s product or otherwise advertise for a sponsor during official team activities, and
- g) The student is the only person impacted by the NIL/Personal Branding Rights agreement and this agreement shall never provide any money, merchandise, services of value or any other benefits directly to the student’s school and/or team, and
- h) The student does not engage in an NIL/Personal Branding Rights agreement associated with gaming/gambling, alcoholic beverages, tobacco, cannabis, banned or illegal substances, adult entertainment products or services, firearms or other weapons or any other product or service the OHSAA deems inappropriate or distracting, and
- i) The student is responsible for determining what, if any, effect the NIL/Personal Branding Rights agreement may have on eligibility with the NCAA, NJCAA and/or the NAIA.
- 4-11-3: A student engaged in an NIL/Personal Branding Rights agreement shall disclose each agreement to the OHSAA within 14 days after entering into said agreement. Students who fail to disclose their agreement(s) or fail to disclose their agreement(s) in a timely fashion shall be subject to a period of ineligibility up to 20 percent of the sport season in which they participate and/or any other penalties as outlined in Bylaw 11.
- Note:Details on how to disclose said agreement(s) shall be posted on the OHSAA website.
- 4-11-4: A student engaged in an NIL/Personal Branding Rights agreement shall also comply with any other applicable OHSAA bylaws and regulations and any applicable policies of his or her school.
- 4-11-5: If a student transfers to a school and the transfer can be shown to be reasonably linked to a student’s NIL/Personal Branding Rights agreement, a rebuttable presumption shall exist that the student has been recruited, which is in violation of Bylaw 4-9. The Executive Director’s Office may suspend the privilege of participation in interscholastic athletics during the pendency of any alleged violation of this bylaw.
- 4-11-6: Member school administrators and coaches shall have an obligation to educate the school community that any attempt to facilitate an NIL/Personal Branding Rights agreement to help secure the enrollment of a prospective student shall result in penalties as prescribed in Bylaw 11, including a review of the school’s membership status.
- 4-11-7: Student-athletes with NIL/Personal Branding Rights deals, along with their parents or guardians, are encouraged to seek professional advice, understand contracts thoroughly and prioritize academic and athletic commitments to protect the student-athlete’s eligibility and long-term success. These activities should be regarded as a business, and participants should stay compliant with school and state regulations and focus on building a strong support system to avoid mismanagement of funds and protect future opportunities.
- 4-11-8: Any violation of Bylaw 4-11 shall be subject to penalties outlined in Bylaw 11.
- Note: The Executive Director’s Office may suspend the privilege of participation in interscholastic athletics during the pendency of any alleged violation of this bylaw.
Contact Brad Bournival at bbournival@usatoday.com and follow him on X at @bbournival