Navigating Name, Image, and Likeness Activity in High School Sports

The landscape of high school sports in Illinois may experience some transformation following the advent of name, image, and likeness (NIL) activity being permitted in high school sports. NIL activity grants individuals the ability to profit from their own name, image, and likeness, without jeopardizing their amateur athlete status and eligibility. Social media plays a large role in the ability to access and obtain NIL deals. Illinois schools should be aware that IHSA has implemented by-laws and Policy No. 35 regarding NIL activity.

“IHSA By-law 3.084 permits a student athlete to earn compensation from the use of that student’s name, image, and likeness as “NIL Activity.” NIL Activity is subject to the following limitations:

1. The student may not use the IHSA name, logos, or trademarks in association with receiving the compensation or imply that the IHSA approves of the NIL Activity as that term is defined in the By-law;
2. The student may not use the name, logos, mascots, or trademarks of any member school in association with receiving the compensation or imply that any member school approves of the NIL Activity;
3. The student may not use any member school’s facilities in association with the NIL Activity;
4. The student may not engage in any NIL Activity during school hours, while traveling to or from any IHSA event, or during an IHSA event including any practice, rehearsal, meeting, game, tournament, or similar event that the Board deems inappropriate or districting;
5. The student may not engage in any NIL Activity associated with gaming/gambling, alcoholic beverages, tobacco, cannabis, banned or illegal substances, adult entertainment products or services, firearms, or other weapons; or any other product or service that the Board deems inappropriate or distracting; and
6. The student is responsible for determining what, if any effect, the NIL Activity may have on eligibility with the NCAA, NJCAA, and/or NAIA.”

Policy 35. Because the potential repercussions for violation of the IHSA by-laws could be disqualification of the student from IHSA State Series events, sharing the information regarding IHSA By-Law 3.084 and Policy 35 in athletic handbooks or at athletic orientation events would be a proactive step worth considering. While NIL activity can offer unprecedented opportunities for student-athletes to capitalize on, it also may introduce legal complexities and challenges when student-athletes violate school or sports association rules and face discipline.