Two developments have shaken the foundation of college sports over the past few years: The “Transfer Portal” and the advent of “Name, Image and Likeness.” Money now free to flow to college athletes and pro-style free agency is a reality.
Being “committed” doesn’t mean what it used to.
Not everyone is a fan of the changes, and many are fearful that the worst is yet to come.
Dr. Karissa L. Niehoff is in her third year as Executive Director of the National Federation of State High School Associations. She makes it very clear that the death of amateurism at the college level isn’t going to happen at the high school level under her watch…at least without a fight.
“While it is not our position to debate the merits of current college athletes earning money from their NIL, it should be understood that these changes do not affect current high school student-athletes. Current high school student-athletes CANNOT earn money as a result of their connection to their high school team,” Dr. Niehoff wrote in an email sent out to high school coaches around the country.
She continued: “High school sports are much different than college sports. High school sports are about the team – not an individual’s own personal pursuit of excellence. The primary reason that an overwhelming majority of high school students play sports is to have fun and spend significant and meaningful time with their peers. The focus is not on self but rather the team.
“Some have argued that high school student-athletes should be able to profit from their own NIL because they are “working” for their school. Very simply, the privilege afforded millions of boys and girls to PLAY not only sports in high school, but also to participate in other activities such as speech, debate, band and theatre is not work. It is a part of the overall high school experience, which, when combined with academic studies, prepares these students for life as adults in their chosen careers.”
Dr. Niehoff makes a number of very strong points.
Playing sports – in high school AND college – is not “work” and therefore should not require compensation. And she’s striking an early blow against NIL proponents who undoubtedly have their sights set on changing the rules for high school student athletes too. But is this a fight her organization and others like it can win in the long run? You know there are plenty of sleezy lawyers on the other side who are at the ready.
Already there’s no way – none – that NIL isn’t going to have a huge impact at the high school level. Recruiting just got sleezier. Boosters and agents will have satellite offices near high school campuses all over the country. And the NCAA has no clear idea on how to deal with any of it.
The fear from Dr. Niehoff and others is very real. “The other concern related to the approval of NIL laws at the college level is how it affects the recruiting process,” Niehoff continued. “We believe prospective student-athletes must not be influenced by NIL inducements until they are fully enrolled at an NCAA college or university. While an NCAA Q&A on NIL notes that “NIL opportunities may not be used as a recruiting inducement or as a substitute for pay-for-play,” it also states that “prospectivestudent-athletes may engage in the same types of NIL opportunities available to current student-athletes under the interim policy without impacting their NCAA eligibility.”
Everyone see the hypocrisy involved here? Niehoff sure does.
On one hand, endorsements “may not be used as an inducement” …and on the other hand, incoming student athletes cannot be denied the opportunity for NIL. Boosters everywhere are licking their chops.
“This is disturbing and contradictory information,” Niehoff wrote. “Although this would not impact a current student’s NCAA eligibility, the athlete would be ineligible through his or her own state high school association. And we would suggest that high school students participating in out-of-school programs must not be allowed to benefit from NIL. We noted in a previous column that if students who participate in out-of-school programs were allowed to profit from their NIL that it would completely disrupt the high school environment when these students come into the high school locker room. These two worlds cannot co-exist as the high school environment will be compromised.”
It’s highly doubtful that the general public would endorse opening up NIL for high schoolers like they did for college players. But public opinion is irrelevant in a courtroom. And you know some lawyer is going to start to push the envelope.
Soon.
Niehoff and her organization appear ready for the fight. “The NFHS and its member state associations will continue to protect the high school environment. While amateurism may be a thing of the past at the college level, it must be maintained to preserve the greatest programs in this country – education-based interscholastic sports in our nation’s high schools.”
Wonderful sentiments. And probably wishful thinking.
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