Two years after OHSAA bylaw failed, here's where NIL stands in Ohio high school sports
Hopeful of playing basketball at the next level, Northland junior Nehemiah McMorris has kept an eye on the name, image and likeness saga that first entered collegiate sports in 2021 and soon after infiltrated the high school level.
That is the case in 33 states and Washington, D.C., but not yet in Ohio, which had an NIL proposal rejected by high school administrators two years ago.
Even so, McMorris, a 6-foot-8 junior center and forward, said NIL is a frequent topic of conversation with him and his teammates, who this season won a second consecutive City League championship.
“You see all these deals, sneaker deals, food deals, a whole bunch of stuff,” McMorris said. “Every time we’re in the locker room, coach (Tihon Johnson) tells us, you have to work hard if you’re going to get this money. …
“I wish (NIL would come to Ohio high schools), I hope it does, but I don’t know. I feel like maybe it shouldn’t yet. I feel like the higher levels should have them. It’s some motivation to work hard and get to that higher level.”
Based on comments from the Ohio High School Athletic Association and several central Ohio athletic directors, NIL is not on the front burner two years after it was resoundingly rejected by member schools.
The OHSAA’s proposed NIL bylaw failed by a 68-32% margin in May 2022, with 538 votes against and 254 in favor, and little to no action has been taken to revive the movement, OHSAA director of communications Tim Stried said.
“Our staff and board of directors continues to keep an eye on the changing NIL landscape and we have discussed whether or not some version of NIL should be on the referendum ballot,” Stried said. “That’s really all we can say about it at this point.”
If the 2022 measure had passed, athletes would have been free to approach or be approached by businesses, provided they did not clash with OHSAA guidelines for “education-based athletics.” Alcohol, casinos, drugs, gambling and tobacco would have been off limits, as would have been the athletes using the name, logo or mascot of their school or the OHSAA.
Enforcement would have fallen to individual schools.
At the time, getting ahead of any legislative action brought on behalf of athletes was part of the OHSAA’s motivation for putting a bylaw on the ballot.
Reasons cited for the failure two years ago included a lack of clarity on the entire landscape and time and personnel crunches for schools’ athletic departments to enforce the rules.
“Unless they bring it back up, I don’t see it coming back,” said Big Walnut athletic director Brian Shelton, who voted against the bylaw.
Shelton said he has not changed his mind and added that his daughter, Rylee Bussen, started for the Cleveland State women’s soccer team the past five years and “never saw a dime.”
“It’s really just for the elite kids,” Shelton said. “A kid that’s busting it in the wrestling room, he’s probably not getting a deal. It doesn’t seem like a fair system. We have a couple kids that probably would get some money, but 90-some percent of them will never see anything.”
Among neighboring states, NIL is permitted in Kentucky and Pennsylvania and prohibited in Indiana, Michigan and West Virginia. The Michigan House of Representatives approved legislation in October, but the state Senate hasn't yet considered the bill.
Stopping short of saying NIL was among the reasons he graduated early, former Olentangy quarterback Ethan Grunkemeyer struck such a deal with Columbus-based clothing company Express on Dec. 20, the day he signed with Penn State.
For his signing, Grunkemeyer wore a turtleneck merino wool sweater, sherpa-lined faux suede jacket, slim back hyper stretch jeans and multi-finish genuine leather lug sole boots. He sat at a desk adorned with an Express table cloth, in front of a backdrop with its logo. The outfit was valued at approximately $442, according to Express’ website.
“Like everything, it’s not bad to get ahead with what you do,” Grunkemeyer said. “There’s definitely opportunities after (signing day).”
Former Thomas Worthington defensive lineman Francis Brewu signed with Pittsburgh, to which he originally committed, after entertaining a late offer from Michigan State in part because of NIL. Brewu, who had 24 Division I offers, said Michigan State offered more than Pitt but did not disclose figures.
Thomas Worthington athletic director Molly Feesler, who sits on the OHSAA’s board of directors, concurred with Stried in that NIL remains on the organization’s radar.
“I think it’s probably likely to be a situation of what pushes things over the edge,” she said. “It’s still on the radar and a matter of putting language together to make something work. We don’t have that in place yet. …
“At the same time, I think we’re crazy if we don’t keep looking at how we can address it. Because it’s coming.”
This article originally appeared on The Columbus Dispatch: NIL remains on radar of OHSAA, Ohio high school athletes
