The OHSAA said in a statement it 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, in the statement. “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.”
Ohio becomes the 45th state to allow NIL.
The OHSAA has stated plans previously called for the referendum to be voted on during its May 2026 voting period. Forcing the issue now is a lawsuit filed Oct. 15 against the OHSAA by the family of Jamier Brown, a junior who plays football at Wayne High School and reportedly missed out on deals, such as trading card licensing, ranging into six-figures because of Ohio’s current NIL rules.
A Franklin County judge issued a temporary restraining order against the OHSAA on Oct. 20 that, lasting 45 days, allows all Ohio high school athletes to currently have NIL rights.
“We are incredibly excited that OHSAA and its member schools voted to update their bylaws, allowing high school students athletes to earn compensation from their name, image and likeness,” said Luke Fedlam, a sports attorney from Amundsen Davis Law in Columbus representing the Brown family. “This represents not only a significant victory for Jamier Brown and his family, but hardworking high school student athletes across the entire state of Ohio.
“Many people have asked what this means for the lawsuit against OHSAA. Now that high school student athletes have the right to earn compensation through NIL, we will take the necessary steps to dismiss our lawsuit against OHSAA. Mr. Brown wanted to see these changes positively impact high school student athletes across the state, and he has now achieved that.”
Ohio high school student-athletes will be able to enter into name, image, and likeness agreements through public appearances, social media promotion, licensing agreements and other avenues of providing public endorsements or recognition. Athletes agreeing to NIL deals would be allowed to be compensated.
The proposed bylaw language covers athletes using their personal branding rights only to enter into NIL agreements. No OHSAA, school, or other related branding may be used as part of those deals, nor are any other agencies, such as collectives and booster groups, allowed to help facilitate opportunities.
Reporting procedures and limitations would be established to allow student-athletes to remain eligible as amateurs to participate in OHSAA-sponsored sports. All NIL agreements must be reported to the OHSAA within 14 days after they are reached. Partial ineligible penalties including missing 20 percent of the participation period will be enforced for those who do not fulfill the two-week reporting period requirement.
A vote was held on the issue in May 2022 and was turned down by OHSAA schools by a 538-254 margin.
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