OHSAA Member Schools Vote In Favor of NIL

Ohio high schools have voted to approve an emergency bylaw on Name, Image and Likeness (NIL), making it the 45th state to allow NIL at the high school level. The vote wrapped up on Friday, November 21, with 447 schools in favor, 121 opposed, and 247 choosing not to vote.

The new rule takes effect immediately, letting OHSAA student-athletes sign agreements and get paid for their name, image, and likeness through things like appearances, licensing, social media, endorsements, and branding tied to their public profile. It also sets up reporting rules and limits to ensure students don’t risk their eligibility under OHSAA’s recruiting and amateurism policies.

The emergency vote came after a Franklin County judge issued a temporary restraining order in response to a lawsuit filed by a student-athlete on October 15. With the bylaw now passed, the OHSAA says it will keep members updated on the ongoing legal case and believes this step will create a steady, secure framework for NIL and personal branding rights in Ohio high schools going forward.

“We would like to thank our member schools for taking ownership of this NIL bylaw proposal,” said Doug Ute, OHSAA Executive Director. “Whether our schools or individuals agree with NIL at the high school level or not, the courts have spoken on this issue across the country that the NCAA and high school athletic associations cannot prevent a student-athlete from making money on their NIL.” 

Over the last year and a half, the OHSAA developed the NIL bylaw proposal in consultation with an NIL committee comprised of school administrators, the OHSAA board of directors, which is elected by the member schools, and from member school feedback at regional update meetings.

OHSAA member schools were updated on the potential for an NIL emergency vote during the regional update meetings around Ohio in August and September, and the final version of the language was approved by the Board of Directors on September 26. Since the lawsuit expedited the vote, the OHSAA sent information to schools on the referendum proposal and conducted two information webinars in coordination with Influential Athlete.

“Our member schools helped develop this language,” said Ute. “Now the real work begins, because this will be a continually evolving piece of high school athletics. The OHSAA will track NIL deals and make sure that our recruiting bylaws and transfer bylaws are still enforced, which is something our member schools have asked for throughout this process.”

Any changes to the bylaw that the membership passed would need to go through the regular voting period for referendum items in early May. During the referendum process, the high school principal casts the vote on behalf of the school.

OHSAA NIL Resource Center: https://www.ohsaa.org/Eligibility/NIL-Resource-Center