High School Status

Permitted

High School Governing Body
Status

What We Discovered

Due to Minnesota not having a state Name, Image, and Likeness (NIL) law. This gives Minnesota State High School League (MSHSL), which governs high school athletics for Minnesota, and authority to make decisions regarding amateur NIL. On June 7, 2022, the Board of Directors approved a Name, Image and Likeness Policy designed to provide direction for member schools and protect the amateur status of student-athletes. This approved policy permits student-athletes to engage in commercial activities using their Name, Image and Likeness, so long as they abide by the MSHSL’s NIL policy as well as any other applicable association and school bylaws and policies.

Summary

College

NIL Law: None

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

Minnesota proposed legislation in the previous session. As of now Minnesota’s 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

On June 7, 2022, the MSHSL joined a growing list of state high school associations to allow high school student-athletes to pursue NIL. The Board of Directors approved a Name, image, and likeness policy designed to provide direction for member schools and protect the amateur status of student-athletes. This approved policy permits student-athletes to engage in commercial activities using their NIL, so long as they abide by the MSHSL’s NIL policy as well as any other applicable association and school bylaws and policies in place.

Bylaws | MSHSL Handbook

Excerpt | 200.00 Bylaws: Student Eligibility

201.00 Amateur Status

1. A student may not participate in League-sponsored activities unless the student is an amateur in that activity.

2. A student loses their amateur status in that sport and becomes a professional if the student accepts any of the following for participation in school or non-school athletics:

A. a salary, cash or merchandise.

(i) Actual and reasonable reimbursement for transportation, food and lodging when paid in connection with travel to and playing in a contest or participating in a camp or clinic are not violations. Golf is governed by the United States Golf Association amateur rule.

(ii) A student may receive payment for officiating, instructing, teaching or coaching a sport without losing their amateur status in that sport.

B. a share in the season’s profit.

C. an expense allowance for athletic tryouts.

3. A student loses their amateur status and becomes a professional if the student participates with a professional team or any team deemed by the MSHSL to be a professional team in a contest, or signs a contract with a professional team (i.e. Canadian Major Junior Hockey teams in the WHL, OHL and QMJHL are considered professional teams).

4. A student does not lose their amateur status if they participate in a tryout with a professional team as long as the student can document that the student has paid all fees and expenses and as long as the student does not participate in a contest.

5. A student can receive one expense paid tryout with a professional team as long as the tryout period does not exceed 48 consecutive hours

6. It is recommended that awards and prizes for non-school participation should be of a symbolic nature. However, the acceptance of an award valued at less than $100 retail when received for non-school participation will not constitute a violation.

7. A student cannot use athletic skills to promote or advertise products.

8. Penalty: A student who becomes a professional will be disqualified from further high school participation in that sport.

Bylaw 204.00 Awards

1. Awards presented to students shall be of a symbolic nature rather than those which have intrinsic value. School officials will make certain that awards approved conform to the letter, spirit and intent of the bylaw.

2. Acceptable awards which are not a violation include:

A. Game balls, medals, ribbons, trophies, golf balls, plaques, athletic insignia, cups and other items of little or no intrinsic value.

B. Honor banquets of a non-promotional nature, if they are held with the approval of the high school principal.

C. Free and reduced price admissions accepted from colleges or universities for their events if they have prior approval of the high school principal.

D. Awards of transportation, tickets and expense allowances, by member schools or clubs of member schools, for attendance at League-sponsored, and or college and university events if they have prior approval of the high school principal.

E. Awards of transportation and entertainment by colleges and universities for recruiting purposes, when carried on within the limitation of NCAA, NAIA, AIAW, if they have prior approval of the high school principal.

F. A scholarship award made on the basis of a combination of two or more factors such as scholarship, character, athletics and citizenship, made by a non-promotional type of organization to a graduating senior, if they have prior approval by the high school principal.

G. Awards for participation in non-school athletics which meet the provisions of the amateur bylaw.

H. Acceptance of a prize, including money, for a sport that is not conducted or sponsored by the League such as bowling, boxing, rodeo, free throw contests, hole in one contests, etc.

3. Awards constituting a violation include:

A. Items such as jackets, rings, jewelry, watches, merchandise, services, trips, free or reduced price admissions in which the value of the award(s) exceeds $100 retail.

B. Awards made by individuals, business concerns, private enterprises, and service clubs, which do not conform to the limitations of 204.02 and are promotional in nature.

C. Free Tickets: The acceptance of a free ticket valued at more than $100 is a violation of League bylaws if the ticket is presented as a result of participation in a League sponsored activity.

D. Reduced price tickets: The acceptance of a reduced price ticket if the full value of the ticket less the amount charged exceeds $100. High school athletes may purchase a $100 ticket or receive a free one from an organization without violating the bylaw if the same privilege is available to all other students.