NIL rule for high school now clearer in AZ

Mar. 18—The Arizona Interscholastic Association has approved a legislative proposal that offers more clarity surrounding a high school student-athlete profiting off their name, image and likeness (NIL). The "new" guidelines will take effect July 1.

The proposal was approved Friday during the AIA legislative council meeting.

"It's a good start to help clarify the existing bylaw providing guidelines to athletic directors, coaches, parents and student athletes," Tempe Union High School District Athletic Director Dave Huffine said. "We looked at a number of other states and what their concerns and pitfalls have been. There will still be questions that arise as this is a fluid issue. But I am happy that the membership is taking a proactive approach."

Previously, Arizona was marked as a state that did not allow high school student-athletes to profit off their name, image and likeness. However, athletes have always been allowed to do so as long as they do not represent their school, the AIA or any other identifiable factors in the endorsement.

One athletic director, who chose not to be named, said the approval now gives Arizona a "green check mark" in the national scope.

"If an athlete was paid $1,000 to be put on a billboard yesterday, they can still be paid $1,000 today and tomorrow," the athletic director said. "It just changes Arizona from a red check mark to a green check mark."

The rules surrounding an athlete's involvement with endorsements are outlined under AIA bylaw 15.11.1.2:

* "15.11.1.2.1 The compensation is not contingent on athletic performance or achievement.

* 15.11.1.2.2 The compensation is not an incentive to enroll in or remain enrolled at a specific school.

* 15.11.1.2.3 The compensation is not provided by the school, a booster club, a collective, or any person/entity acting as an agent on behalf of the school or athletic program.

* 15.11.2.4 Intellectual property — No "marks" may be used including, but not limited to, school or district name, logo, uniforms, mascots, or any AIA logo.

* 15.11.1.2.5 No school or district apparel or equipment shall be worn or used that includes school or district name, logo, uniforms, mascots or any AIA logo.

* 15.11.1.2.6 No AIA member school facility may be used for the purpose of NIL activities.

* 15.11.1.2.7 No activities in conflict with a member school's district policy may be endorsed. (Examples include, but are not limited to, tobaccos products, alcohol products, and controlled substances.)

* 15.11.1.2.8 Within five (5) school days of entering into any NIL contract/agreement, a student, or the student's parents/guardians, must notify the school's Athletic Director of the agreement.

* 15.11.1.2.9 Students and their families should seek professional guidance regarding collegiate financial aid, NCAA clearinghouse, legal and/or tax implications, among other concerns."

Eastmark Athletic Director Kraig Leuschner, who will take over at Casteel this summer, said the committee did its due diligence.

"I believe the NIL committee did its due diligence and came up with a bylaw amendment that is appropriate and defines the do's and don'ts," he said.

Mesa High School Athletic Director David Klecka said he is all for NIL at the high school level for athletes in Arizona.

He said despite athletes not able to use their school's imaging in the endorsements, it still brings notoriety to athletic programs.

"I've always been all for it," Klecka said. First of all, it goes back to the right of a human-being to make money. But also, I think if a school or athletic director is dealing with NIL, that's a good thing. It means you have some studs on your campus that are not only bringing notoriety to themselves but also their team and their school."

Highland's Brandon Larson was one of the numerous athletic directors who requested the proposal be approved by the AIA for added clarity.

Like his counterparts, he said the ruling now allows student-athletes to pursue endorsements with more clarity, so they do not jeopardize their eligibility as an amateur athlete.

It also provides direction for school athletic directors like himself to navigate a topic that has previously been murky at the high school level but has taken off in college.

"I think the NIL committee did a great job looking at what's happening around the country and trying to bring forward language that clarifies what pretty much already exists in the state," Larson said. "There was a lot of questions the last couple years so hopefully this shored it up.

Despite the clarity, Larson said this is just the beginning to making sure there are no violations from anyone involved.

"The next step now is educating the athletes, coaches and the parents to ensure that they understand the bylaw and don't get caught up thinking we allow NIL like the colleges do," Larson said. "There are still several safeguards in place that could cost an athlete eligibility for the rest of their career.

"Making sure everyone understands that will be key. High school athletics is the last pure form of sports we have, I would like to see it stay that way as long as possible."

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