NIL could soon be allowed for South Carolina high school athletes

Jeremy Crabtreeby:Jeremy Crabtree11/17/23

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Current South Carolina High School League regulations prohibit student-athletes from monetizing their NIL while still playing prep sports. Yet, SCHSL commissioner Jerome Singleton acknowledged last spring that an NIL debate is coming.

That debate has officially arrived.

During its Executive Committee meeting on Wednesday, Singelton discussed enacting an NIL policy and revising the amateur policy for the association. Singleton said he will begin to write the policy and formally present it to the committee in January for a vote.

Before diving into his reasoning on why change is needed, Singelton shared that committee members received information on how other state associations across the country handle NIL with its student-athletes.

Included in that information were the guidelines from the Oklahoma Secondary School Activities Association, which were revised more than a year ago. Also included was the Tennessee Secondary School Athletic Association NIL policy that was revamped in December 2022.

“My recommendation is that it doesn’t require a bylaw constitution change,” Singleton told the committee. “We just further define what amateur status is.

“If you had an opportunity to look at it, I think the one that Oklahoma has probably fits something that we can use. But the one in Oklahoma doesn’t speak to what happens if you violate. The one from Tennessee actually does. At this level and it kind of works its way through it. … I think the one in Oklahoma spells it out pretty clearly at how we can look at it.”

What’s high school NIL policy in Oklahoma?

The Oklahoma Secondary School Activities Association’s guidelines have become a common baseline for many state associations that have adjusted their NIL policies over the past year.

Athletes who attend an OSSAA member school can earn NIL compensation as long as it’s not contingent upon specific athletic performance or achievement, provided as an incentive to enroll or remain enrolled at a specific school, or provided by the school or any person acting as an agent for the school.

The OSSAA’s guidelines state that neither school nor association marks – logos, names and mascots, for example –can be used in association with NIL activities. Member schools’ facilities can’t be used in an NIL-related activity, either.

As Singleton mentioned, there are punishments in place for schools and athletes that violate the Tennessee Secondary School Athletic Association’s Amateur Rule.

According to the TSAA bylaws, a “student who violates the amateur rule shall be ineligible for 12 months in the sport in which the violation occurs. To avoid the appearance of impropriety, schools or those directly or indirectly associated with the school should refrain from soliciting, negotiating or promoting a student’s participation in activities for which they are compensated.”

What are HS NIL rules now in South Carolina?

Current SCHSL regulations prohibit student-athletes from monetizing their NIL. Athletes are also not allowed to compete for monetary prizes. “No participants may accept material awards in excess of actual expenses, including hotel bills and transportation,” the guidelines say.

Current SCHSL regulations prohibit student-athletes from monetizing their NIL. Athletes are also not allowed to compete for monetary prizes. “No participants may accept material awards in excess of actual expenses, including hotel bills and transportation,” the guidelines say.

Singleton has talked in the past that NIL change could be on the way, but the focus has been on making sure it’s done the right way.

“NIL is so broad in terms of what it entails and at this point, where we are now, we don’t want to put any of our athletes in risk of being ineligible,” Singleton told the Associated Press last spring. “There are rules in place, and we have to enforce those rules. If the rules change in the future, we will certainly look at everything and see where we are. Protecting our student-athletes is our priority.”

If the rules do change in South Carolina, it will likely most impact the Class of 2025 and on.

The talent pool for high school players in South Carolina’s 2025 football recruiting class features nationally recruited prospects like four-star defensive lineman Amare Adams and cornerback Onis Konanbanny.

What is NIL landscape for high school players?

In early October, the Georgia High School Association amended its rules to allow high school student-athletes to participate in NIL without losing their eligibility.

With the change, 34 local athletic associations now allow student-athletes to participate in NIL deals without forfeiting the ability to play high school sports.

The exact number of high school associations that allow NIL is still somewhat hazy because of limitations with some activities and pending state legislation. Nonetheless, there’s been a significant shift over the past year in how high school administrators view NIL and it’s now allowed in a majority of states from coast-to-coast.

Yet, there are still 17 state associations – including South Carolina – where NIL is not allowed if players want to participate in prep sports. Some other top states where it’s not allowed include Alabama, Florida and Texas. On3 recently examined where things stand with each of those 17 high school associations.