The South Dakota High School Activities Association has decided not to hold off on opening the door for high school athletes to follow their college counterparts in trying to make money on their sporty names, images, and likenesses.
The agenda of the SDHSAA annual meeting, which took place today in Pierre, included a proposal to have schools vote on writing a Name/Image/Likeness (NIL) policy into the SDHSAA By-Laws. Current SDHSAA policy strips students of athletic eligibility if they “receive[] remuneration for the use of name, picture, and/or personal appearance as an athlete in the promotion of a commercial or profit-making event.” The proposed amendment would have struck that prohibition and add this language to Chapter 2, Part 1, Section 6 of the SDHSAA By-Laws:
Name, Image, and Likeness: A student may receive remuneration for the use of their name, picture, likeness, and/or personal appearance provided that:
- The activities do not interfere with the student’s academic obligations.
- The remuneration is not tied to athletic performance (pay for play).
- The remuneration is not used as an inducement to attend a particular school or transfer to a particular school.
- The remuneration is not provided by the school or agents associated with the school (i.e.- Booster Clubs, Foundations).
- SDHSAA or member school marks or logos may not be used in the activity, nor shall the SDHSAA or member school name/mascot be referenced in the activity.
- Member school uniform may not be used (worn, displayed, or otherwise) in the activity.
- Clothing or equipment with the member school or SDHSAA logo may not be used in the activity.
- Member school facilities may not be used in the activity.
- SDHSAA or member school awards/trophies may not be displayed or referenced in the activity.
- The student shall not promote or endorse activities associated with alcohol, tobacco, vaping, controlled substances, gambling, banned athletic substances, or other illegal substances/activities.
- Member schools may not arrange, develop, or promote the relationship between the student and the involved entity.
Further considerations:
- International students are advised to consult US Visa and immigration laws, as well as laws in their home country, prior to engaging in any agreement.
- It is recommended that students and families seek legal counsel and tax advice on any remuneration received.
- It is the responsibility of the student and student’s family to contact the NCAA, NAIA, NJCAA, or any other applicable post-secondary institution they may be considering to review the rules and ensure they are not jeopardizing post-secondary eligibility.
- Students may use professional NIL services for advice, representation, and marketing. However, that professional service may not be an employee or private contractor of the member school or school affiliated organization (i.e.- Booster Clubs, Foundations) [South Dakota High School Activities Association, proposed Amendment No. 2, annual meeting agenda, considered 2023.04.12].
Hey, why aren’t we considering an NIL policy for high school debaters? Persuasion is their bread and butter! Or NIL for high school thespians? If advertisers want authenticity, they need really good actors! Or NIL for the choir and band kids? Just think of the great jingles they could play!
I have no idea how many of South Dakota high school athletes have opportunities to make money endorsing products or events. The top ballers in most SDHSAA member schools are well known in markets too small to add up to advertising value. Even in the larger markets, it seems unlikely that rational adults would change their spending habits because a juvenile jock with no high school diploma, “Buy your next car at Prostrollo’s!” or “Eat at JoDean’s—I do!” The consumers most influenceable by kids are other kids… and then I get a queasy feeling about local businesses parting kids from their money and unhealthily reinforcing the jockocracy by filling our public mindspace—billboards, TV, radio, social media—with images of the popular jocks.
Healthy or not, there must be some opportunities for high school sportsters to cash in on their athletic renown. The ability to market oneself through TikTok and other social media opens doors for making money on one’s persona that didn’t exist when advertising was all in print and on the air. According to Lincoln-based athlete marketing firm Opendorse (oh my gosh! It’s Jim’s Athlead from The Office!), as of last month, 26 states have some sort of NIL policy for high school athletes. Minnesota, North Dakota, Iowa, and Nebraska all allow high school athletes to make money on their names and images. South Dakota was one of eleven states considering such a policy. Only thirteen states restrain their youth from such self-commoditization.
Enacting this amendment would have required 60% of voting schools to vote aye by May 31. However, Rapid City sports marketer Matt Kerney tweets that the SDHSAA decided not to call a vote on the NIL policy “to have more discussions“. The activities association did put two other amendments to a vote of its member schools:
- Amendment 1 defines and gives examples of “other inducements” that schools are prohibited from offering to recruit students. It gives clarifying examples of “undue influence” that may not be used by school personnel or non-school individuals to recruit athletes. And Amendment 1 clarifies that the SDHSAA may punish schools and coaches who violate the recruitment prohibition.
- Amendment 3 tightens language laying out punishments for students ejected from contests to prevent students from gaming their suspensions.
South Dakota’s star high school athletes of the Class of 2024 will miss out on the opportunity to try turning their athletic prowess and “fame” (use that word lightly, kids, even in Sioux Falls) into cash. But we probably won’t lose any top ballers to Fargo, Worthington, Sioux City, or Norfolk. After all, how would South Dakota athletes make any endorsement money if they moved away from their core markets?
No!
Kathy, just to clarify, are you saying No to an SDHSAA NIL policy or to the SDHSAA’s delay in implementing one?
Kids don’t need this. I am unaware of them being exploited for profit now, though in other states various AAU personnel have turned some of those programs into a racket. High School athletes should be able to sign a contract at age 18, though that contract should not endanger their amateur status while in high school.
This isn’t really new. When I was in high school back in the late 60s, Sioux Falls Lincoln students Kiki and Bill Clayton, a sister and brother act, did commercials for Terrace Park dairy’s new product, yogurt. Both were on the tennis teams. Kiki was also a cheerleader. I don’t know how they got the gig. I also don’t know if they got paid anything for it, though I assume they did. I think a key issue is whether students use the school’s facilities, uniforms, etc. I would not want that to be allowed, but if kids go out and hustle a gig, whether they are athletes or music or drama nerds, a painter or a debater, let them try to make a buck.
Steady being droll and telling people ‘no they may not’ has to eventually get old. You’d expect, anyways.
Jeez, I would have kept running track and cross country, real money makers. I was the second best sophomore in the state in cross country. Since our training consisted of getting dropped off five miles south of Highmore and running into town timed every day. I didn’t go out my jr. year. I had better things to do. Snooker was much better. No high school teams for that however. You have to love what you do, not just be good at it was my philosophy. Still is.
This seems like a swell Deal for those young lads, and lasses or course, who are better suited to dominating the arena than slinging burgers.
Terrace Park yogurt ads? Donald, any chance someone may have archived those ads and put them on YouTube? Were the Clayton kids well known around town? Did yogurt sales take off?
Will this benefit the student or the PARENT? How much pressure will it put on teens? Back in the dark ages, when I was participating in hi school athletics, it was FUN. Now, you can not just go out for the team, you have to attend summer camps, weight training, offseason workouts, team practice… It’s a year around competition. Sure, some excel, but most just participate. I’ve seen enuf jock special treatment over the years, even in the jr high grades, thru high school, college and the pro’s. Let’s give them more. @#$%^&*!
Mr. Loren is righter-than-right with his interesting take. Will those dads, you know the ones that yell in the stands at their kid and ridicule the coaches, will those dads insist that their boy get to be the monger for the local town’s ads? Or will dad be the monger, or the pimp, and the child be the exploited? grudznick just wondering.