High School Status
Under Consideration
High School Governing Body
Status
What We Discovered
Ohio’s state NIL law does not address Name, Image, and Likeness (NIL) at the high school level. This grants the Ohio High School Athletic Association (OHSAA), which governs high school athletics in Ohio, the authority to make decisions regarding NIL. The OHSAA currently prohibits high school student-athletes from monetizing their NIL. A proposal to allow high school athletes to participate in NIL activities failed during the association’s annual referendum voting period in May 2022. Lawmakers are currently pushing to allow NIL deals at the high school level.
Summary
College
NIL Law: Executive Order 2021-10D
Abstract | Full Exec Order| Passed: 6/28/2021 | Effective: 7/1/2021
On the heels of numerous state NIL laws taking effect on July 1, 2021, the Ohio governor signed an Executive Order providing guidance on NIL. The order provides universities with flexibility in drafting rules and regulations for their student-athletes regarding NIL. This executive order will remain in effect until Ohio passes more formal legislation.
Summary
High School
The OHSAA prohibits high school student-athletes from monetizing their NIL. During the association’s annual referendum voting period in May 2022, a proposal that would have allowed high school athletes to participate in NIL failed for the time being. Principals across the state determined the outcome of this vote, with it failing by a margin of 538 to 254.
The proposal would have allowed student-athletes to sign endorsement agreements so long as their teams, schools and/or the OHSAA logo were not used, the endorsements did not happen on school property or in school uniform, and provided there were no endorsements with companies that do not support the mission of education-based athletics, such as casinos, gambling, alcohol, drugs and tobacco. By rejecting the proposal, Ohio’s student-athletes remain unable sign endorsement deals without losing their amateur status.
Bylaws | OHSAA Bylaws
Excerpt | Section 10. Amateur
4-10-1 A student who represents a school in an interscholastic sport shall be an amateur in that sport. An amateur athlete is one who participates in the activities of his/her sport for the purpose of deriving the physical, mental and social benefits orga- nized sports competition has to offer and not for any present or future pecuniary or commercial gains. Since the student is considered an integral member of the student body, a clear line of distinction between educationally based athletics and professional sports must exist and be maintained at all times. It shall be the shared responsibility of school personnel, the athletes and their parents to maintain this clear line of distinction.
4-10-2 An athlete forfeits amateur status, and thus interscholastic athletic eligibility, if any of the following standards of ama- teurism are violated:
a) Competing for money or other remuneration. Allowable travel, meals and lodging expenses may be accepted pro- vided that these expenses are not conditioned on the individual’s or team’s place finish or performance or given on an incentive basis and such expenses are provided to all participants in the competition. EXCEPTION: If a student, who is competing in the amateur division within a competition where prize money is available, signs a Request for Retention of Amateur Status written declaration prior to the competition in which the student agrees that he or she will not accept any prize money, the student may accept allowable travel, meals and lodging expenses provided that these expenses are not contingent upon the student’s individual or a team’s finish or performance or given as an in- centive to achieve a specific goal or performance. Receipt of expenses received by the athlete shall be reported to the OHSAA so as to determine whether or not the expenses are in excess of those reasonable amounts for travel, meals and lodging.
b) Capitalizing on the athlete’s fame by receiving money, merchandise or services of value. An athlete “capitalizes” on his/her “athletic fame” by accepting money, merchandise or services of value based in whole or in part upon the notoriety the athlete received through his/her athletic skills and achievements. This includes using the athlete’s skill, directly or indirectly, for pay in any form in that sport. “Pay” includes, but is not limited to, any direct or indirect remuneration, gratuity or other economic benefit in either the present or future, or any division or split of surplus (bonuses, games’ receipts, etc.). Scholarships to institutions of higher education are specifically exempted;
c) Signing a contract or making a commitment of any kind to play professional athletics, regardless of its legal enforce- ability or any payment received. This prohibits signing a contract during the interscholastic athletics season that is dated after the completion of the athlete’s interscholastic athletic eligibility;
d) Receiving, directly or indirectly, a salary, reimbursement of expenses, merchandise or services or any other form of financial assistance or benefits from a professional sports organization based upon athletics skills or participation. EXCEPTION: An athlete may receive reimbursement of expenses as per item (a) for a professional tryout
e) Competing with any professional athletics team, even if no pay or remuneration for expenses was received; or
f) Entering into an agreement with a sports or marketing agent.