IF NIL money comes to Ohio HS sports, how would you regulate it?

Yappi

Yappi

Go Buckeyes
IMO, NIL is going to come to Ohio HS sports in the next couple of years. If it does happen, how would you regulate it?
 
 
Yappi said:
IMO, NIL is going to come to Ohio HS sports in the next couple of years. If it does happen, how would you regulate it?
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No using the schools name, color, uniforms or buildings. Valid sponsorships only. No collectives. All contracts must be reviewed. No stipulations on where the player must play to receive the sponsorship.
 
I doubt that it's coming any time soon. The state legislature and/or OHSAA would have to approve it, and Ohio is notoriously slow-moving when it comes to these sorts of changes, and has a very acrimonious relationship to the AAU types compared to other states. I also really doubt there's anyone stupid enough to pay any sort of exorbitant sum to a high school athlete.

If any sort of NIL happens in the near-term, it'll be like akin to what that restaurant in Wisconsin did when they gave free barbecue to the offensive linemen over the course of the season. And as for regulation, there'd have to be some sort of dollar-value or in-kind limit per year, for the high school kids, that limits it to the type of case I just described (By comparison, college athletes are adults; no reason for it not to be open-season)
 
Sykotyk said:
No using the schools name, color, uniforms or buildings. Valid sponsorships only. No collectives. All contracts must be reviewed. No stipulations on where the player must play to receive the sponsorship.
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Many of those restrictions run afoul of the law.
 
Sykotyk said:
How? School can't use your nil anymore than you can theirs. Using their property to film any business production requires approval. And you still can't pay players for playing. Amateur status still applies.
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The local QB can film an ad in which he says, "Dairy Queen has the best burgers in town." Nothing illegal about that, and it doesn't violate his amateur status.
 
reganaustinjames said:
If they're minors, it definitely would be illegal.
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It's illegal for a kid to make money?

reganaustinjames said:
And the OHSAA is a separate entity, much as the NCAA is a separate entity from any governmental body; the OHSAA can set their own guidelines for eligibility
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Your contention is that OHSAA has primacy over the law? Remember, NIL exists in college because the NCAA's prohibitions were ruled to be illegal.
 
Oil Filter said:
The local QB can film an ad in which he says, "Dairy Queen has the best burgers in town." Nothing illegal about that, and it doesn't violate his amateur status.
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When did I say anything about that? That's an actual sponsorship. No school nil used.
 
Yappi said:
IMO, NIL is going to come to Ohio HS sports in the next couple of years. If it does happen, how would you regulate it?
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Where would schools get the money? The monies going into schools now from the state is audited yearly and coordinated through EMIS and each district's treasurer. Who would decide who gets what money?

There is an obvious answer here and there is a school already kinda doing NIL deals but it isn't ran through the school, rather boosters operating outside the school.
 
Oil Filter said:
It's illegal for a kid to make money?


Your contention is that OHSAA has primacy over the law? Remember, NIL exists in college because the NCAA's prohibitions were ruled to be illegal.
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NCAA didn't institute NIL rules before their claim to own the student athletes nil was contested. By waiting until a judge ruled that illegal, they couldn't then institute nil rules that prevented things like collectives. Colleges argued and expressed ownership of player nil due to the EA game using player nil.
 
At the very least, I would hope OHSAA doesn't use the disingenuous term "name, image and likeness." It's payment for services rendered, that's all.
 
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jtigerjoe said:
100% correct. If you take pay, you don't play.The only way to stop it.
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By the way, anyone heard about a discussion of the booster club possibly selling bourbon called Rye of The Tiger. If so, what is your opinion on it? Only 120 bucks a bottle too.
 
chs1971 said:
A coach cannot legally do that, so that might complicate it a little.
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What law would a coach be violating by doing that?
Oil Filter said:
It's illegal for a kid to make money?


Your contention is that OHSAA has primacy over the law? Remember, NIL exists in college because the NCAA's prohibitions were ruled to be illegal.
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The NCAA's prohibitions were proven to be illegal partly because the athletes are legal adults. High school athletes are mostly minors; the law works a little differently given that provision.
 
reganaustinjames said:
The NCAA's prohibitions were proven to be illegal partly because the athletes are legal adults. High school athletes are mostly minors; the law works a little differently given that provision.
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They were ruled illegal due to antitrust violations: "price-fixing labor is ordinarily a textbook antitrust problem because it extinguishes the free market in which individuals can otherwise obtain fair compensation for their work."
 
Oil Filter said:
They were ruled illegal due to antitrust violations: "price-fixing labor is ordinarily a textbook antitrust problem because it extinguishes the free market in which individuals can otherwise obtain fair compensation for their work."
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Big part of the NCAA issue was schools using player likeness to generate money without player compensation. I think the OBannon case was premised on a video game using his likeness in UCLA uniform without paying him. Same with jersey sales. University profits but player doesnt. It has quickly gotten to straight up paying players. A guy I work with had his son offered 150k when he put his name in the portal.
 
NIL rules based on states from June 2023:

Alabama: Not Permitted, per AHSAA Rule 1, Section 8.
Alaska: Permitted, per ASAA Article 8, Section 1 & 2 Article 9, Section 2.
Arizona: Unclear, per ASAA Rule 15.11.
Arkanas: Not Permitted, per AAA Article III Eligibility Rule 10. Amateurism.
California: Permitted, per CIF Article 20 Rule 212.
Colorado: Permitted, per CHSAA 2000.12; Amended in April 2022.
Connecticut: Permitted, per CIAC Article 12 Rule 4.5.A (amended in June 2022).
Delaware: Not Permitted, per Delaware Administrative Code Title 14 Section 2.5.1.7.
Washington, D.C.: Permitted, per DCSAA Part V Section H.
Florida: Not Permitted, per FHSAA Rule 9.9.
Georgia: Not Permitted, per GHSA Rule 1.90.
Hawaii: Unclear, per HHSAA Section 2(I).
Idaho: Permitted, per IDHSAA Rule 8-4 & 8-5.
Illinois: Permitted, per amended IHSA Rule 3.083.
Indiana: Not Permitted, per IHSAA Part II Rule 5-2.
Iowa: Permitted, per NIL Guidance.
Kansas: Limited Allowance, per KSHSAA Rule 21.
Kentucky: Not Permitted, per KHSAA Bylaw 10.
Louisiana: Permitted, per LHSAA Section 1.25 Position statement issued April 2022.
Maine: Permitted, per MPA Handbook.
Maryland: Permitted, per amended MPSSAA Subtitle 06 Chapter 03 Section 10.
Massachusetts: Permitted, per MIAA Handbook Rule 47.
Michigan: Not Permitted, per MHSAA Section VIII Part B & C.
Minnesota: Permitted, per MSHSL 201.00 (amended June 2022).
Mississippi: Not Permitted, per MHSAA Rule 2.39
Missouri: Not Permitted, per MHSAA 3.6.1 and 3.6.2.
Montana: Not Permitted, per MHSA Article II Section 15.1, 16
Nebraska: Permitted, per NSAA Rule 3.7.1.
Nevada: Limited, per NAC Rule 385B.374
New Hampshire: Permitted, per amended NHIAA Article II Section 6.
New Jersey: Permitted, per NJSIAA.
New Mexico: Not Permitted, NMAA Section VI Subsection 6.18.
New York: Permitted, per NYSPHSAA Rule 2.2(c).
North Carolina: Not Permitted, per NCHSAA Rule 1.2.15(a) and (b)
North Dakota: Permitted, per NDHSAA (amended June 2022).
Ohio: Not Permitted, per OHSAA Bylaws, 4-10 and 5.
Oklahoma: Not Permitted, per OSSAA Rule 5.
Oregon: Permitted, per OSAA Rule 8.4.
Pennsylvania: Permitted, per PIAA Article II Sections 1-3.
Rhode Island: Permitted, per RIIL Article I Section 19.
South Carolina: Not Permitted, per SCHSL Article III Section 14.
South Dakota: Not Permitted, per SDHSAA Chapter 2 Section 6.
Tennessee: Permitted, per amended TSSAA Article II Section 18.
Texas: Not Permitted, per State law SB 1385 Section (j) – (1) & (2).
Utah: Permitted, per UHSAA Section 6 to be updated per Jan 2022 meeting summary.
Vermont: Unclear, VPA Section 2.
Virginia: Not Permitted, VHSL 28B-2-3.
Washington: Not Permitted, per WIAA 18.24.0-18.24.5.
West Virginia: Not Permitted, per WVSSAC Title 127 Section 127-2-11.
Wisconsin: Not Permitted, per WIAA Section III.C.
Wyoming: Not Permitted, per WHSAA Rule 5.7.1.

usatodayhss.com

Current high school NIL rules in each of the 50 states (plus D.C.)

A current rundown that shows which states have adopted rules in favor of high school athletes benefiting from name, image and likeness.
usatodayhss.com usatodayhss.com
 
A quick glance suggests that only two states (Delaware and Texas) have addressed this through legislation. The remainder are association rules/bylaws. It's not clear if either would withstand legal challenge.

One thing that would be interesting (and maybe this information is already available): what kind of NIL deals were signed by college players changing schools through the transfer portal? That would likely be a precursor to high school transfers.
 
A visual of Yappi's map:
1706126131185.png
 
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