Oklahoma HS leaders developing NIL guidance for student-athletes

Jeremy Crabtreeby:Jeremy Crabtree08/16/22

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Oklahoma could be the next state to allow NIL at the high school level.

According to a news release from the Oklahoma Secondary School Activities Association, the board of directors recognized that NIL continues to trickle down to the high school level. The OSSAA board said it’s now working to develop a NIL strategy appropriate for member schools and high school student-athletes in Oklahoma.

NIL is currently prohibited for student-athletes in the Sooner State. Athletes will forfeit their amateurism if they are “capitalizing on athletic fame by receiving money or gifts of monetary value (scholarships given by institutions of higher learning are specifically exempted).”

But OSSAA executive director David Jackson understands times are changing.

“Our amateur rule is distinct in that you don’t violate it unless you’re compensated for participating in an activity that you’re participating with us,” Jackson said in a news release. “You can’t be compensated for playing golf, for instance. NIL as it’s explained to us is you’re not being compensated for participating, but Name, Image and Likeness.”

Jackson said the board is now looking to put together a policy in place that would give guidance to schools, parents and student-athletes in regard to what is acceptable through NIL.

Eccker Sports – an education company that worked hand-in-hand with the Louisiana High School Athletic Association on its revamped NIL policy – is also assisting the OSSAA on potential changes in Oklahoma.

“We had that group come visit our staff, and had a really good meeting,” Jackson said about Eccker Sports. “We’re still in the process of working with them. They took our amateur rule and are taking a look to see if anything needs to change with what we have in place now.”

Oklahoma HS leaders will continue to explore NIL changes

OSSAA associate director Mike Whaley told the Tulsa World that the membership isn’t interested in changing its amateur rules. Member schools want any future NIL legislation to remain separate, Whaley said.

“Our staff and the board are interested in trying to make sure we’ve got something in place so that folks interested in NIL can feel like they’re doing it appropriately and can maintain their eligibility within the OSSAA membership schools,” Whaley told the Tulsa World.

Both Jackson and Whaley say there isn’t a timeline for when rule changes could be implemented. Whaley told the World that NIL is difficult to navigate because it’s something the OSSAA hasn’t dealt with before.

“We don’t have a NIL policy to fall back on, so we’ll be watching and looking at what other folks are doing and see what our membership is interested in doing,” Whaley said. “That’s how we’ll put it together.”

Where is NIL allowed for high school student-athletes?

Most high school associations – including Texas, Florida and Georgia – have prohibited student-athletes from participating in NIL. Currently, only Alaska, California, Colorado, Connecticut, Idaho, Kansas, Louisiana, Maine, Minnesota, Nebraska, New Jersey, New York, North Dakota and Utah allow high school student-athletes to participate in NIL in high school and still play high school sports.

But in the group that allows it, state high school athletic associations in Colorado, Idaho, Louisiana, Maine, Minnesota, North Dakota and Utah changed their bylaws in 2022. That signals to some NIL experts that there’s momentum toward loosening the restrictions.

That’s especially true when you consider that a football powerhouse state like Pennsylvania appears on track to allow its student-athletes to engage in NIL initiatives. In mid-July, the Pennsylvania Interscholastic Athletic Association approved on first reading a policy to allow student-athletes to profit off NIL.

“We really need to probably get ahead of this and address it and put some parameters in place to guide students and their families so that they’re educated, and they know what they’re getting into,” PIAA Assistant Executive Director Melissa Mertz said.

But not every state is moving toward acceptance of NIL.

In May, administrators in Ohio voted – in a 538-254 margin – against allowing student-athletes to be involved in NIL activities and still maintain their high school eligibility. Plus, Mississippi High School Activities Association executive director Rickey Neaves told The Star-Herald last week that the MHSAA will not alter its eligibility rules to allow high school student-athletes in the state to participate in NIL activities. Many other Southeastern states still have not moved on NIL changes at the high school level.