STEVENS POINT, Wis. (Civic Media) – Member schools of the Wisconsin Interscholastic Athletic Association voted to reject name, image, and likeness opportunities for high school student-athletes.

The amendment to the WIAA constitution failed 170-219.

Schools were informed ahead of the vote that 31 other states have already approved NIL opportunities for high school students. The WIAA’s legal counsel also gave a presentation, informing schools that passing the amendment could lower the chances of future litigation.

NIL deals for high school student-athletes are allowed in 33 states, not including Wisconsin, as of the end of 2023, according to data from the National Federation of State High School Associations. The WIAA’s amendment changes the rules and eligibility of student-athletes, allowing them to make money based on their recognizability.

The failed amendment stated that student-athletes can’t endorse products or activities in adult-targeted categories, such as gambling, alcohol, tobacco, or firearms. They also can’t be compensated based on their athletic performance, or “pay to play.” Students can take NIL opportunities as long as there’s no association with their school, conference, team, or the WIAA. NIL opportunities are also restricted to certain categories; in general, NIL deals have to be age-appropriate.

WIAA Associate Director Mel Down said on the WisSports.net Podcast that those are some of the key differences between the college version of NIL and the high school version.

One of the status changes that drew concern from some administrators ahead of the vote is a wide interpretation of a rule that would ban compensation from people associated with a school for the purpose of recruiting. The rule limits a number of people from compensating student-athletes, from alumni, staff, coaches, and booster clubs to anyone who is employed by a company or organization that has donated money, supplies, or equipment to the school.

Another item highlighted by one administrator as too vague was a requirement that compensation “is commensurate with market value.”

St. Croix Falls athletic director Tara Rose said she didn’t feel ready to educate her students and community about the NIL changes.

“When are we going to have the clarity on this rule?” Rose asked during discussion on the amendment. “I just don’t feel equipped at this point to help my student-athletes.”

Madison Metropolitan School District athletic director Jeremy Schlitz said that more input was needed from community stakeholders, such as charitable organizations and businesses, to know how the NIL rules would apply.

“Let’s commit to make sure we’re all informed both above and below us as the middle managers that we are as ADs,” Schlitz said. “We need to find a better policy that we as ADs can educate, support, and enforce.”

Stoughton athletic director Andie Alexander also asked for more information about the likelihood of litigation that was mentioned in the legal presentation ahead of the vote.

Dow said on the WisSports.net podcast that those concerns are valid, but that the number of student-athletes taking part in NIL will be a fraction of a percent, so there may not be widespread issues.

Most of the other restrictions are routine in NIL adoption language, such as NIL activities not interfering with academic or athletic commitments at their school. The proposed language would also not allow a student-athlete to have an NIL agent, and high school employees aren’t able to help make NIL deals.

The NFHS said that when NIL was approved, it was intended for college student-athletes. However, because the laws that apply to NIL are tied to state statutes, eligibility for NIL varies from state to state.

The rejected proposed amendment reads:

An athlete forfeits amateur status in a sport by capitalizing on athletic fame by receiving money, compensation, endorsementsor 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 commercial endorsement provided there is no school team, school, Conference or WIAA affiliation.

2. The student does not appear in the uniform of the student’s school and does not utilize the marks, logos, etc. of the school, Conference or WIAA as part of any endorsement.Rules of Eligibility Article IV Section 1