OHSAA to Hold Emergency Vote on Name, Image and Likeness After Court Order

The Ohio High School Athletic Association will conduct an emergency referendum on Name, Image and Likeness compensation after a Franklin County judge issued a temporary restraining order preventing the organization from enforcing its current NIL ban.

The 45-day restraining order, issued Monday in response to an October 15 lawsuit filed by a student-athlete, blocks the OHSAA from prohibiting student-athletes from being compensated for their name, image and likeness during that period.

OHSAA Executive Director Doug Ute announced member schools will vote on the issue within the 45-day window. The OHSAA Board of Directors will meet Thursday to determine voting dates and finalize the proposed bylaw language. Each member high school principal will cast one vote.

“We anticipated a lawsuit would come any day and our Board of Directors has already approved the language of an NIL bylaw referendum for our schools to vote on,” Ute said. “We are thankful for the 45-day window so our schools will have time to learn more about this referendum and to vote on our proposed language for NIL.”

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. The proposal includes reporting procedures and limitations to protect eligibility under OHSAA recruiting and amateur bylaws.

If schools approve the referendum, the OHSAA would establish its own NIL framework. If the vote fails, the court system will determine the future of NIL in Ohio high school athletics.

The OHSAA will provide information and conduct webinars in partnership with Influential Athlete to help schools understand the proposal before voting.

The organization had already planned to present an NIL referendum during the regular May voting period, but the lawsuit accelerated the timeline. 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 OHSAA currently stands as one of only six state athletic associations that prohibit NIL compensation for high school athletes. NIL has expanded rapidly at the high school level since becoming permitted for college athletes several years ago.

School administrators were informed during OHSAA Regional Update Meetings in August and September that an NIL proposal was likely. A committee of school administrators also provided feedback on the issue.

The Board of Directors will announce the complete proposed bylaw language and voting timeframe following Thursday’s meeting.