Ohio becomes 45th state to permit name, image and likeness agreements following emergency referendum
Key Takeaways
- 447 OHSAA member schools voted in favor of NIL, with 121 against and 247 abstaining, making Ohio the 45th state to allow high school NIL agreements
- The emergency vote followed a lawsuit filed after an elite athlete lost over $100,000 in potential deals due to Ohio’s previous restrictions
- Student-athletes can now enter NIL agreements immediately but must disclose each deal within 14 days and cannot use school logos or receive compensation from collectives
- Deals tied to gambling, substances, recruitment inducements, or athletic performance remain prohibited under the new framework
- OHSAA will track all NIL agreements to ensure compliance with existing recruiting and transfer bylaws
Emergency Vote Follows Legal Challenge
Member schools of the Ohio High School Athletic Association approved an emergency bylaw referendum on November 21, ending the state’s prohibition on high school athlete name, image and likeness agreements. The voting period closed with 447 schools supporting the measure, 121 opposing, and 247 abstaining.
The emergency referendum came in response to a Franklin County judge’s temporary restraining order issued on October 20. The legal action stemmed from a lawsuit filed by Jasmine Brown on behalf of her son Jamier, an Ohio State football recruit and one of the top wide receivers in the country. According to the lawsuit, Brown lost access to more than $100,000 in potential NIL opportunities due to Ohio’s restrictions.
Judge Jaiza Page’s restraining order temporarily nullified OHSAA’s NIL prohibition until a preliminary injunction hearing scheduled for December 15. With the bylaw now passed by member schools, the new framework takes effect immediately.
“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,” said Doug Ute, OHSAA Executive Director.
Framework Establishes Clear Boundaries
The approved bylaw permits student-athletes to capitalize on their public recognition through appearances, licensing, social media, endorsements, and branding. However, the framework includes specific limitations designed to protect athlete eligibility and prevent recruitment violations.
Student-athletes cannot use OHSAA or member school names, logos, mascots, or trademarks while receiving NIL compensation. Deals cannot come from schools, collectives, booster clubs, foundations, administrators, or coaches. The bylaw explicitly prohibits collectives, defined as third-party groups formed by alumni and supporters that pool donations to create NIL opportunities.
Athletes must disclose each agreement to OHSAA within 14 days of signing. Failure to report deals or late reporting subjects students to ineligibility for up to 20 percent of their sport season, along with potential additional penalties.
NIL activities cannot occur during school hours, travel to OHSAA events, or official team activities including practices, meetings, contests, and tournaments. Athletes also cannot display sponsor products or advertise during these official activities.
Prohibited Deal Categories and Performance Restrictions
The framework prohibits NIL agreements associated with gaming and gambling, alcoholic beverages, tobacco, cannabis, banned or illegal substances, adult entertainment, firearms, weapons, or other products and services OHSAA deems inappropriate or distracting.
Pay-for-play arrangements remain banned. Athletes cannot receive compensation based on specific athletic performance or achievements such as points scored. Professional sports team contracts continue to be prohibited under amateur status requirements.
If a student transfers to a school and the move can be reasonably linked to an NIL agreement, a rebuttable presumption exists that recruiting occurred in violation of OHSAA bylaws. The Executive Director’s Office may suspend participation privileges during investigations of alleged violations.
School administrators and coaches have an obligation to educate their communities that facilitating NIL agreements to secure student enrollment will result in penalties, including potential review of a school’s membership status.
Development Process and Member School Input
OHSAA developed the NIL bylaw proposal over the past year and a half in consultation with an NIL committee comprising school administrators and the OHSAA Board of Directors, which is elected by member schools. The association gathered feedback from member schools at regional update meetings held in August and September.
The Board of Directors approved the final bylaw language on September 26. Because the lawsuit accelerated the timeline, OHSAA sent information to schools about the referendum and conducted two webinars in partnership with Influential Athlete to explain the proposed changes.
This emergency vote represented the association’s second attempt to address NIL at the high school level. A similar measure failed when put to member schools in 2022.
“Our member schools helped develop this language,” Ute said. “Now the real work begins, because this will be a continually evolving piece of high school athletics.”
Tracking and Enforcement Ahead
OHSAA will monitor NIL deals to ensure existing recruiting and transfer bylaws remain enforced. The association’s focus on preventing recruitment violations reflects concerns raised by member schools throughout the development process.
Any changes to the newly passed bylaw must go through the regular referendum voting period in early May. During the referendum process, each high school principal casts a vote on behalf of their school.
The bylaw encourages student-athletes, parents, and guardians to seek professional advice, understand contracts thoroughly, and prioritize academic and athletic commitments. The framework recommends participants treat NIL activities as a business, maintain compliance with school and state regulations, and build strong support systems to avoid mismanagement of funds.
Students remain responsible for determining how NIL agreements may affect their eligibility with the NCAA, NJCAA, or NAIA. The Executive Director’s Office may suspend participation privileges during any pending investigation of alleged bylaw violations.
via: OHSAA | Cincinnati.com
photo: Lori Schmidt
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