The Ohio High School Athletic Association announced Thursday that member schools will vote on a Name, Image and Likeness bylaw from November 17-21, releasing the complete text of regulations that would govern how high school athletes could profit from their personal brand.
The OHSAA Board of Directors set the voting dates and approved the bylaw language during its Thursday meeting. Each high school principal will cast one vote on behalf of their school.
The emergency referendum follows a lawsuit filed by a student-athlete on October 15 and a Franklin County judge’s 45-day temporary restraining order issued Monday that prevents the OHSAA from enforcing its current NIL ban. The OHSAA announced earlier this week it would conduct an emergency vote following the court-issued restraining order.
The emergency referendum follows a lawsuit filed by a student-athlete on October 15 and a Franklin County judge’s 45-day temporary restraining order issued Monday that prevents the OHSAA from enforcing its current NIL ban.
The proposed bylaw would allow student-athletes to enter agreements for compensation through appearances, licensing, social media, endorsements and branding based on their public recognition or notoriety. However, the proposal includes extensive restrictions designed to prevent schools and boosters from using NIL as a recruiting tool and to maintain the amateur status of high school athletics.
What Athletes Can and Cannot Do
Under the proposal, student-athletes could not use their school’s name, logos, mascots, trademarks or other proprietary properties while receiving compensation or imply school approval of their NIL activities. This means athletes would need to promote themselves as individuals rather than as representatives of their school teams.
Athletes would be prohibited from engaging in NIL agreements provided by their school or school agents including collectives, booster clubs, foundations, administrators or coaches. The proposal makes clear that only the student can benefit from an NIL agreement, and no money, merchandise, services or other benefits can flow directly to the student’s school or team.
The bylaw specifically bans collectives, which are described as third-party groups typically formed by alumni and supporters that pool donations to create and manage NIL opportunities for student-athletes. These groups provide sponsorships, endorsement deals and other ways to monetize NIL while bridging the gap between athletes and brands or businesses. Such groups have become common at the college level but would remain strictly prohibited under the OHSAA proposal.
Students could not participate in NIL activities during school hours, while traveling to or from OHSAA events, or during any official team activities including practice, meetings, contests, tournaments or similar events. Athletes also could not display a sponsor’s product or advertise for a sponsor during these official team activities.
Compensation based on specific athletic performance or achievement such as points scored would be banned, as would any NIL agreement provided as an inducement to attend a particular school. The proposal maintains that pay-for-play, entering agreements with professional sports teams and improper recruiting inducements remain prohibited.
Athletes would be prohibited from NIL agreements associated with gaming, gambling, alcoholic beverages, tobacco, cannabis, banned or illegal substances, adult entertainment products or services, firearms, other weapons or any other product or service the OHSAA deems inappropriate or distracting.
Disclosure Requirements and Penalties
Any student entering an NIL agreement would be required to disclose it to the OHSAA within 14 days of signing. Details on how to disclose agreements will be posted on the OHSAA website. Failure to disclose or late disclosure would result in ineligibility for up to 20 percent of the sport season in which the athlete participates and other potential penalties outlined in OHSAA bylaws.
The proposal includes a provision specifically targeting transfers linked to NIL deals. If a student transfers to a school and the move can be reasonably linked to an NIL agreement, a rebuttable presumption would exist that the student was recruited in violation of OHSAA bylaws. The Executive Director’s Office may suspend the privilege of participation in interscholastic athletics during the pendency of any alleged violation.
School administrators and coaches would be required to educate their communities that any attempt to facilitate an NIL agreement to secure a prospective student’s enrollment would result in penalties, including a review of the school’s membership status.
Student Responsibilities
The bylaw states that student-athletes are responsible for determining what effect their NIL agreement may have on eligibility with the NCAA, NJCAA or NAIA if they plan to compete at the college level. Athletes with NIL deals must also comply with any other applicable OHSAA bylaws and regulations and any applicable policies of their school.
The proposal encourages student-athletes and their parents or guardians to seek professional advice, understand contracts thoroughly and prioritize academic and athletic commitments to protect the student-athlete’s eligibility and long-term success. The bylaw notes these activities should be regarded as a business and participants should stay compliant with school and state regulations while focusing on building a strong support system to avoid mismanagement of funds and protect future opportunities.
What Happens Next
The OHSAA will send additional information to member schools in the coming days and conduct webinars in partnership with Influential Athlete to help schools understand the proposal and outline next steps if the vote passes.
If schools approve the referendum, the OHSAA would establish its own NIL framework with the regulations outlined in the proposal. If the vote fails, the lawsuit and the future of NIL in Ohio high school athletics will be determined by the court.
The board had approved the bylaw language at its September meeting in preparation for a vote during the regular May referendum process, but the lawsuit accelerated the timeline under OHSAA bylaw 8-1-1, which permits emergency voting prior to the May voting period due to legal action.
Ohio is one of only six states that does not currently permit high school student-athletes to engage in NIL activities. NIL at the high school level has spread rapidly across the country in recent years since it became permitted at the college level.
In 2022, OHSAA member schools rejected the organization’s first NIL proposal by more than a two-to-one margin, with 538 schools voting against and 254 in favor. The annual referendum voting period typically runs from May 1 through May 15.
School administrators were informed during OHSAA Regional Update Meetings held around Ohio in August and September that an NIL proposal was likely coming. Feedback from a committee of school administrators that met on the issue also provided input on the proposal.
The proposed bylaw clarifies that it has no connection to existing regulations that permit students to accept awards, gifts and prizes resulting from their participation or finish in athletic competitions. The NIL requirements are solely related to a student-athlete’s promotional and marketing efforts based on their public recognition or notoriety.
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