Wisconsin Athletic Directors Say No to NIL
Stevens Point, WI - Wisconsin high school athletic directors, in a vote of 170-219, voted down the use of NIL (name, image, likeness) for their student/athletes. NIL would have allowed the constitutional amendment (shown below as “Number 3”) to take effect at the next board meeting scheduled for late May.
N U M B E R 3 – NAME, IMAGE AND LIKENESS
Student-athletes may enter into Name, Image and Likeness opportunities for those activities not associated with their school team, school, conference or the WIAA.
Article IV – Amateur Status
Section 1 – Loss of Eligibility – p. 32
B. A student shall be determined to be in violation if he/she:
2) Signs a contract or agreement for services as a participating athlete.
a. A student may be employed (but not self-employed) on a part-time basis as an instructor on the playgrounds,
game official, lifeguard, e.g.
b. This rule shall not prevent a student from signing 1) an agreement which binds him/her to play only for a particular team, 2) an athletic tender with a university or college or 3) a Name, Image or Likeness opportunity as outlined in Article IV Section 1-C.
3) Receives compensation or benefit, directly or indirectly, for the use of name, picture, and/or personal appearance, as an athlete because of ability, potential, and/or performance as an athlete.
4) Receives free and/or reduced rates on equipment, apparel, camps/clinics/instruction and competitive opportunities that are not identical for any and all interested students.
5) Is identified as an athlete, provides endorsement as an athlete, or appears as an athlete, in the promotion of a commercial/advertisement and/or profit-making event, item, plan or service.
6) Plays in any contest (school or nonschool) under a name other than his/her own name.
C. An athlete forfeits amateur status in a sport by capitalizing on athletic fame by receiving money, compensation, endorse-
ments or gifts of monetary value in affiliation or connection with activities involving the student’s school team, school,
Conference or WIAA (scholarships to institutions of higher learning are specifically exempted).
1) This provision is not intended to restrict the right of any student to participate in a Name, Image and Likeness (NIL)
commercial endorsement provided there is no school team, school, conference or WIAA affiliation.
2) Prohibited NIL Activities:
a. The student shall not appear in the uniform of the student’s school and does not utilize the marks, logos, etc. of the school team, school, conference or WIAA as part of any endorsement.
b. The student shall not promote activities nor products associated with the following: gaming/gambling; alcoholic beverages, tobacco, cannabis, or related products; banned or illegal substances; adult entertainment products or services; weapons (i.e. firearms).
c. The compensation is not contingent on specific athletic performance or achievement (ie. financial incentives based on points scored).
d. The compensation is commensurate with market value.
e. The compensation is not provided by the school or persons associated with school as an inducement to attend a particular school (“recruiting”) or to remain enrolled at a particular school.
Note: Definition of ‘persons associated with school’ include, but are not limited to: current or former coaches, current or former athletes, parent(s)/guardian(s)/caregiver of current or former student/athletes (exception of one’s own parent), booster club members, alumni, spouses or relatives of coaches, teachers and other employees, coaches who become employed, active applicants for coaching positions, and persons who are employed by companies or organizations that have donated monetarily, athletic supplies, equipment or apparel to that
school.
f. The NIL activities do not interfere with a student-athlete’s academic obligations.
g. A student does not miss athletic practice, competition, travel, or other team obligations in order to participate in NIL opportunities.
h. A student cannot utilize representation or contract an agent. High schools, their employees or persons associated with school are not allowed to help facilitate deals for student-athletes.
Note: When an athlete has been identified without permission and/or awareness resulting in a violation of this rule, the
penalty may be reduced once the violation has been rectified.