High school athletes in Massachusetts can now profit off of themselves.
The MIAA board of directors met on Aug. 17 and passed a rule to allow student-athletes in the commonwealth to sign name, image and likeness (NIL) deals. The new policy was passed with a vote of 13-0-1.
“It’s on the horizon, it’s here,” said Richard Pearson, associate executive director of the MIAA. “… I think the intent was to create these guardrails, these parameters and clarity so that our high school students do not wade into the deep water of violation with amateurism standards.”
The introduction of NIL deals in amateur athletics first came on July 1, 2021, when the NCAA passed a bill to allow college athletes to earn money.
Now NIL deals have trickled down to the high school level, with Massachusetts becoming the latest state to authorize NIL deals.
“It’s a new landscape for everyone the athletes, the parents, the schools and us,” Pearson said. “… The intent out of the gate was to get ahead of this with the right information and words to navigate this.”
“I think it opens up a strange pattern of ‘we’re going to make money off the fact that we’re a high school athlete’ and I have a tough time with that,” Wellesley High athletic director John Brown said. “We’re talking about high school sports here. We’re trying to do the right thing for all kids in all sports and now you’re making it where certain kids are going to make money.”
Athletes can earn compensation for NIL deals with commercial endorsements, promotional activities, social media presence, product or service advertisements and non-fungible tokens (NFT). The policy also allows athletes from MIAA member schools to be represented by an attorney or sports agency.
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“From an athletic director point of view, I struggle with that. But as a kid, I guess it’s a positive for them making money but at the expensive of what?” Brown said. “You’re supposed to play high school sports to enjoy the sport and be competitive and I think now you’ve changed the narrative for high school sports.”
A member school may use a student-athlete's NIL in connection with official team activities. Basically, schools are still allowed to take team photos or promote their own players.
Otherwise, no one employed by a member school, including coaches and administrators, may be involved with a student athlete's use of their NIL except as needed to enforce the new policy.
According to the MIAA handbook, student-athletes are required to provide their member school copies of any endorsement, employment and representation agreements. The penalty for NIL violations from a student-athlete is a suspension from all interscholastic athletics. The student-athlete would need to apply to the MIAA board for reinstatement of amateur status.
For Brown, he’s unsure of how MIAA schools are supposed to monitor NIL deals with their own athletes.
“What are we even looking for?” Brown said. “There has been no direction given.”
Part of the policy for NIL deals is that student-athletes are prohibited from making any reference to the logos, insignia or identifying marks of a member school of the MIAA, or any MIAA or member school event, game or championship when engaging in any NIL activity.
“Student-athletes may not endorse or promote any third-party entities, goods or services during MIAA school team or MIAA tournament activities,” the policy reads.
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Student-athletes may not wear the apparel or display the logo, insignia or identifying mark of an NIL partner during any MIAA school team or MIAA tournament activities.
Student-athletes are prohibited from engaging in any NIL activities involving the following categories of products and services:
For Pearson, the goal of the new rule is to create usable information and a safety net in regards to NIL deals for high school athletes. He admits it’s a work in progress but hopes the new policy provides clarity moving forward.
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“It gives a launching point for conversation for our school leaders who are in the trenches,” Pearson said. “I’m happy for the ability that there is information there and now it can be navigated for people.”
Tommy Cassell is a senior multimedia journalist for the Daily News. He can be reached at tcassell@wickedlocal.com. Follow him on Twitter @tommycassell44.