High School Status
Permitted
High School Governing Body
NIL State Law
Status
What We Discovered
The NMAA Board of Directors approved amendments to its bylaws on June 1, 2023 that permit high school student-athletes to monetize their NIL, provided there is no school team, school, Section or NMAA affiliation. You can find the changes in Section VI subsection 6.18.3 stating that “This provision is not intended to restrict the right of any student to use their name image, or likeness to participate in a commercial endorsement provided there is no school, school team, or NMAA affiliation.”
Summary
College
NIL Law: Senate Bill 94; House Bill 302
Abstract | Full Law | Passed: 3/14/2021 | Effective: 7/1/2021
The NIL law in New Mexico has similar guidance as other state laws, with the exception that student-athletes are allowed to wear whatever footwear they want during team activities, so long as the footwear does not pose a health risk or have reflective fabric. This is important because it provides companies and student-athletes with an avenue for endorsement opportunities while the student-athlete is uniform.
Summary
High School
The NMAA Board of Directors approved amendments to its bylaws on June 1, 2023 that permit high school student-athletes to monetize their NIL, provided there is no school team, school, Section or NMAA affiliation. You can find the changes in Section VI subsection 6.18.3 stating that “This provision is not intended to restrict the right of any student to use their name image, or likeness to participate in a commercial endorsement provided there is no school, school team, or NMAA affiliation.”
Bylaws | NMAA Handbook
Excerpt | Section VI Eligibility
6.18.3 Loss of Amateur Status
A. An amateur athlete forfeits amateur status in a sport by:
1. Competing for money or other monetary compensation.
2. Receiving any award or prize of monetary value.
3. Capitalizing on athletic fame by receiving money or gifts of monetary value in affiliation or connection with activities involving the student’s school team or school.
a. This provision is not intended to restrict the right of any student to use their name, image, or likeness to participate in a commercial endorsement provided there is no school, school team, or NMAA affiliation.
b. The student is prohibited from appearing in the uniform of the student’s school and
may not utilize the marks, logos, etc. of the school, or NMAA as part of any endorsement.
*NOTE: This provision is also applicable to participants in the activity of Esports.
Q1: The owner of a local shoe store invites a player from the local high school volleyball team to come by the store and pick out a pair of free shoes. Does this affect that player’s amateur status?
A1: Yes, financial benefit gained because of athletic participation does jeopardize a student’s amateur status.
Q2: After a great ballgame, the owner of the local restaurant invites the team over to the restaurant for a free meal. Could this affect the amateur status of the team members?
A2: Yes, financial benefit gained because of athletic participation does jeopardize a student’s amateur status.
Q3: During the end of season sports banquet, the booster club gives a blanket to each member of the team. Is this in violation of NMAA eligibility guidelines?
A3: Awards must be symbolic in nature. Merchandise awards are in violation of NMAA guidelines and will affect the eligibility status of the student athlete.
Q4: If a team wins a state championship, may the school reward the athletes/coaches with championship rings and if so, what entity may purchase the rings?
A4: Providing state championship rings is allowed and they may be purchased by any entity (school, booster club, personal contributors, etc.) What school administrators must understand is if they choose to provide a championship team with rings, they are setting a precedent and must do the same for all other teams within the school who win state championships, even if it means purchasing them with school funds.
Q5: A student-athlete is invited to participate and train with a professional sport youth
academy. Included in the invitation is a monthly stipend. Is this permissible?
A5: Students may participate with or against professional athletes; however, in order to
retain their amateur status, they may not receive any financial compensation for their participation.
Q6: In return for endorsements, a local business owner offers payment to student athletes in the community. Could these endorsements affect a student-athlete’s amateur status?
A6: Students may receive compensation for commercial endorsements provided there is
no school, school team, or NMAA affiliation. This would include the use of school or Association marks/logos, the school uniform, references (including hashtags, or other social media tags) to the school or the Association, etc.