High School Sports and NIL (Follow Up)

Mike Farley (Coach Farley) is the owner of the JSH&P Branding Agency and has spent 35 years within the brand identity workspace. His early interest and expertise with NIL has proven timely with the advent of new rules in the NCAA, and it effect on high school athletes.

In a 170-219 vote, the WIAA (Wisconsin Interscholastic Athletic Association)  surprisingly rejected the proposed amendment dealing with NIL and Wisconsin high school athletes.

You can watch a “private” YouTube video of a TMJ4 (a Milwaukee TV station) expose on the issue.  It’s anecdotal, but does a good job of highlighting some of the concerns from parents and coaches on both sides of the issue.

You can also read a bit more from our previous article >  BLOG LIINK

Coach Farley Opinion:
I think this rejection is ill informed. The amendment was trying to get ahead of a situation that can easily get out of control. By not addressing it (by allowing some NIL activity and NOT placing certain restirctions to guide all participants) you’re giving tacit endorsement to ALL of the ill’s associated with “under-the-table” deals.

To summarize, the amendment was this...

“While the WIAA proposal opens the door for athletes to profit off of their name, image and likeness, there are several key limitations outlined in the proposal. A student athlete may not appear in the uniform of the student’s school, nor may any logos, marks or other designations of the school team, school, conference or the WIAA appear as part of any endorsement. Language also exists in the proposal to ban the promotion of activities and products associated with: gambling/gaming; alcoholic beverages, tobacco, cannabis, or related products; banned or illegal substances; adult entertainment products or services; and weapons.

Compensation may not be tied to any specific athletic performance or achievement and must be commensurate with market value. Any compensation may not be used as an inducement to attend a particular school or remain enrolled at a particular school. The proposal also includes language that extends to ‘persons associated with the school’ to cover a wide range of third parties who may not provide compensation to recruit or retain a student-athlete.

NIL activities may also not interfere with academic or athletic obligations. The proposed language also prohibits student-athletes from utilizing an agent or other representation. High school employees are also prohibited from helping facilitate NIL deals.” — Milwaukee Journal Sentinel

Hardly the language of the Bogeyman.

The unfounded worry is that high school sports would be “all about money,” instead of teamwork, comaradarie and the innocense of youth. Virtues that I certainly believe in, but there’s just one flaw…

The genie IS ALREADY OUT OF THE BOTTLE.

Ignoring it won’t protect kids or programs… instead, it will invite the lot who wants to recruit kids to popular programs carte blanche to do so — just like it’s always been done. To me, the better route is to inform kids, coaches and parents to new rules and opportunities to profit off their skills in the open — and under supervision, unlike the Wild West Show of the current college scene.

In the same manner, the NCAA and all universities were late to the party, creating a legal situation that is almost untenable today. Why invite that in Wisconsin? For now, our messsage is still for all intersted parties to stay informed and improve their “brand skills” so that if and when an opportunity to profit from your name, image or likeness occurs, you can do so with both confidendce and impunity.

FREE NIL PRIMER

Coach Farley’s kicking camps deliver honest instruction and information to allow high schoolers to reach their potential. Likewise, he’s interested to arm young athletes with facts to becoming business and brand savvy, as well.