OHSAA Member Schools Pass NIL Referendum Proposal

Schools vote in favor of emergency referendum; Ohio becomes 45th state to allow NIL at the high school level.

(Columbus, Oh.) - Member schools of the Ohio High School Athletic Association have voted in favor of an emergency bylaw referendum on Name, Image and Likeness (NIL), making Ohio the 45th state to allow NIL at the high school level.

The voting period ended last Friday afternoon, November 21, with the final voting results being 447 schools in favor of the referendum and 121 schools voting against, while 247 schools abstained from voting. 

The new bylaw goes into effect immediately, meaning that OHSAA student-athletes can now enter into agreements and be compensated for their name, image and likeness through appearances, licensing, social media, endorsements and/or the use of branding based on their public recognition or notoriety. The bylaw also establishes reporting procedures and limitations so that students do not jeopardize their eligibility as it relates to the OHSAA’s recruiting and amateur bylaws. 

The emergency referendum vote was in response to a Franklin County judge’s temporary restraining order due to a lawsuit filed by a student-athlete on October 15. With the passage of this emergency referendum issue, the OHSAA Office will continue to keep the membership informed on the pending legal case.

The OHSAA believes that the adoption of this new bylaw will help ensure a stable and secure framework for NIL and Personal Branding Rights at the high school level in Ohio moving 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