The New Summer Job for elite high school athletes? NIL compensation

Courtesy of Iciss Tillis:

Iciss Tillis is an attorney at Hall Estill – and as a former WNBA player and athlete from Duke University – she speaks both professionally and personally about the ever-evolving changes with NIL Policy. She has many published articles on the topic.

In regards to high school athletes and NIL contracts, Iciss says:

“At this time, only eight states allow high schoolers to receive NIL related compensation. Several other state legislators and high school athletic associations are considering enacting legislation that would allow high school athletes to monetize their NIL,” says Iciss.

“This comes in the wake of former Texas high school football star Quinn Ewers’ decision to skip his senior year to attend Ohio State. Like most states, Texas and Ohio prohibit prospective student-athletes from earning compensation for their NIL prior to college enrollment. Although Quinn had one of the highest NIL values in sports during his senior year in high school, he had to wait until OSU enrollment to be eligible to receive compensation for same. After his enrollment, Quinn entered into a lucrative 3-year NIL agreement with GT Sports Marketing for $1.4 million,” explains Iciss.

“High school athletic associations in the following states have enacted NIL rules permitting high schoolers to monetize their NIL – which includes Alaska, California, Louisiana, Nebraska, New Jersey, New York, and Utah. I do expect to see even more states add NIL compensation by the end of the year.”

“In addition to Quinn, there were 9 high school athletes in the 2020 Olympics in Tokyo, one which won gold in the breast stroke. Plus, in Sal Stewart v. Florida High School Athletic Association, Inc., a high school plaintiff filed suit against Florida High School Association sought damages on behalf of Florida high school students, alleging they are exploited by the association’s prohibition on NIL compensation,” says Iciss.

“For compliance purposes, high school associations and student-athletes need to know whether their specific state prohibits high school athletes from receiving NIL compensation (either by state legislation or a rule adopted by a high school association). High school athletes entering NIL deals facilitated by boosters and other university alumni could violate NCAA Bylaws pertaining to improper recruiting inducement, and risk eligibility. In addition, universities in states that allow high school NIL monetization have a huge advantage over schools in states that do not. With Quinn for example, if Ohio’s NIL law permitted NIL compensation for prospective student-athletes, Quinn could have had his 3-year NIL deal while in high school and could have carried it with him to college,” explains Iciss as she gives advice to high school athletes.