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Ohio’s NIL era begins with restrictions

Morning Journal/Ron Firth The Ohio High School Athletic Association approved regulations on name, image and likeness for high school athletes in an emergency referendum vote that ended on Friday.

COLUMBUS — Ohio high school athletes can now profit from their name, image and likeness after member schools overwhelmingly approved an emergency referendum that immediately lifts long-standing restrictions on NIL activity at the prep level.

Schools voted 447-121 in favor of the measure, with 247 abstaining, the Ohio High School Athletic Association announced Monday. The decision makes Ohio the 45th state to allow high school athletes to earn compensation through endorsements, social media content, personal appearances, licensing and other promotional activities tied to their public recognition.

The bylaw took effect immediately and creates a detailed framework designed to preserve amateur status and compliance with OHSAA recruiting rules. While athletes may now enter NIL deals, the policy includes significant limitations on how and when those agreements can occur.

Among the most notable restrictions:

¯ No school branding. Athletes may not use school names, logos, uniforms, mascots or any other proprietary branding from the OHSAA or its member schools in advertisements or promotions. They also cannot imply endorsement from their school or the OHSAA.

¯ No deals provided by the school or its affiliates. NIL agreements cannot come from booster clubs, foundations, coaches, administrators, alumni “collectives” or any individual acting on behalf of a school. The OHSAA specifically labels collectives — which have become prominent in college athletics — as prohibited.

¯ No NIL activity during official team activities. Athletes cannot film content, promote products or participate in NIL events during practices, meetings, games, tournaments, travel or school hours.

¯ No pay-for-play. Athletes cannot receive compensation tied to athletic performance metrics such as points, touchdowns or wins. NIL cannot be used as a recruiting inducement or as a condition of transferring to another school.

¯ No prohibited products. Agreements involving gambling or gaming companies, alcohol, tobacco, cannabis, banned or illegal substances, adult entertainment or firearms are barred.

¯ No team benefits. Compensation tied to NIL must be earned by the athlete alone and cannot financially benefit the school, team or athletic department.

¯ Mandatory disclosure. All NIL agreements must be reported to the OHSAA within 14 days. Failure to report can result in up to a 20 percent suspension of the athlete’s season.

If a student’s transfer is found to be reasonably linked to an NIL deal, the OHSAA will presume the athlete has been recruited illegally, triggering possible ineligibility. Schools and coaches are also subject to penalties if they attempt to facilitate NIL arrangements to influence enrollment.

The referendum was expedited after a Franklin County judge issued a temporary restraining order in October in a lawsuit filed by a student-athlete challenging the OHSAA’s previous NIL ban. With the legal case still pending, the association pushed the proposal to a statewide vote.

OHSAA Executive Director Doug Ute said the rule gives Ohio schools a needed structure as NIL activity becomes more common for high school athletes nationwide.

“Whether our schools or individuals agree with NIL at the high school level or not, the courts have spoken,” Ute said in a statement. “This will be a continually evolving piece of high school athletics, and our schools have asked us to ensure that recruiting and transfer bylaws remain enforceable.”

Ute said the OHSAA will continue to track NIL deals and educate schools on compliance. Any long-term amendments to the bylaw would go through the regular referendum cycle in May.

Ohio’s move follows more than a year and a half of discussion, including input from administrators, the OHSAA board of directors and school representatives at regional meetings.

For now, the association says the goal is to provide clarity while giving students access to opportunities already commonplace in most of the country.

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