Team Insight

W ith Name, Image and Likeness (NIL) issues reaching all the way down to high school sports, the National Federation of State High School Associations (NFHS) and Advance have partnered to create a new, free course by the NFHS Learning Center that details the expectations and realities of NIL in the current interscholastic landscape. Since July 1, 2021, at which time college student-athletes could officially profit from their name, image and likeness, the topic of NIL has remained at the forefront of discussion for interscholastic athletics and activities. e NFHS and Advance designed the "Name, Image and Likeness" course to not only define NIL, but to also provide examples of how it can be leveraged by high school students, identify misconceptions that various stakeholders have about NIL and highlight aspects that students and families should consider when interested in pursuing NIL opportunities. "We believe that this course will help people better understand what NIL is and, maybe more importantly, what it is not," explains Dan Schuster, NFHS director of educational services. e course suggests ways in which stu- dent-athletes can leverage NIL to promote their own identity via a brand or business. It also addresses intellectual property such as shirts, flyers and artwork, which belong to the student-athlete who is promoting his or her own identity. Permitted profit from NIL is absent of promotion of direct competition or performance. e NFHS has previously and publicly expressed its concerns about NIL making its way down to the high school landscape and the impact it could have on high school sports. "e NFHS recognized an increasing need for insightful, thorough education on name, image and likeness for its members across the education-based activities landscape," explains Dr. Karissa Niehoff, CEO of the NFHS. "Since NIL's emergence ... we are able to develop and offer this much-needed course at a time when NIL is beginning to trickle down to our high school student-athletes." NCAA Develops Its Own Policies Likewise, the NCAA Division I Board of Directors is looking to take the lead in regulation and enforcement and recently voted unanimously to clarify how schools can be involved with NIL activities. Team dealers and vendors looking to play the NIL game will need to take notice of these new guidelines. e board's updated guidance, while not an exhaustive list of specific circumstances, is intended to clarify how existing NCAA rules apply to the interim policy for name, image and likeness. "e NIL landscape is constantly evolv- ing and the Board of Directors decided it was important to offer further guidance with respect to a number of key questions that have arisen recently," explains Jere Morehead, chair of the board and president of the University of Georgia. "We expect to offer further guidance in the future on what should and should not be done when engaged in these activities." Among the guidelines: • Education/monitoring for current stu- dents. e board noted that schools generally can and should provide education to current student-athletes, including on topics like financial literacy, taxes, social media prac- tices and entrepreneurship. Schools also can provide NIL education to collectives, boosters and prospects. The board also noted that – when permitted by applicable state laws – schools can and should require student-athletes to report NIL activities to the athletics department. • School support for student-athlete NIL activities. Schools can inform student-ath- letes about potential NIL opportunities and can work with an NIL service provider to administer a "marketplace" that matches stu- dent-athletes with those opportunities. ey cannot, however, engage in negotiations on behalf of an NIL entity or a student-athlete to secure specific NIL opportunities. Schools also can support their enrolled college athletes in NIL activities directly by providing stock photos or graphics to either a student-athlete or an NIL entity or arranging space on campus for an entity and student-athlete to meet. Schools cannot, under the interim policy, provide free services (graphic designers, tax preparation or con- tract review) to student-athletes unless those services are available to the general student body, nor can schools offer equipment to student-athletes to support NIL activities. e latest guidelines also clarify that member schools can promote student-athletes' NIL activities, provided the student-athlete or NIL entity pays the going rate for that ad- vertisement. However, schools cannot allow student-athletes to promote their activity while participating in required athletics activities. • School involvement with collectives and other NIL entities. e board also clarified that school personnel (including coaches) can assist an NIL entity with fundraising through appearances or by providing au- tographed memorabilia, but cannot donate cash directly to those entities. School staff members also cannot be employed by or have an ownership stake in an NIL entity. n The Name, Image, Likeness rules are changing the game in high school and college sports. By Michael Jacobsen TEAM TRENDS teaminsightmag.com January/February 2023 ~ Team Insight • 11 NFHS, NCAA ADDRESS NIL PROCESSES "We believe that this course will help people better understand what NIL is and, maybe more importantly, what it is not." DAN SCHUSTER, NFHS DIRECTOR OF EDUCATIONAL SERVICES

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