Colquitt County begins dealing with GHSA approval of NIL
Published 5:00 pm Sunday, October 29, 2023
MOULTRIE — A little over two years ago, the NCAA began implementing a policy that allows student-athletes to make money on their name, image and likeness (NIL).
It came in response to the question of whether college athletes should get paid.
And once college sports began allowing athletes to cash in on their NIL, high school sports were not far behind.
There are now 34 states that allow high school athletes to, in effect, establish their own brand and cash in on it.
The Georgia High School Association is one of the latest state groups to approve allowing student/athletes and/or their parents to enter in NIL contracts.
The decision was, as expected, contentious and added to the controversy was the decision by the GHSA to allow its decision to go into effect immediately.
Colquitt County athletic director Cleve Edwards said in a recent public meeting to publicize the GHSA decision that he had hoped the decision could have been made now to go into effect next August.
“There are still some gray areas right now, some muddy water,” Edwards said. “The last thing we want is for one of our kids to lose his eligibility because of an NIL deal.”
There are several stipulations, but, essentially, an athlete can enter into a contract for a business or other entity to use his name, his image or his likeness and receive money for it and not lose his amateur status.
According to the GHSA:
• The compensation cannot be contingent on specific athletic performances or achievements.
For instance, players cannot receive money for the number of touchdown passes thrown, number of home runs hit or number of points scored.
• The compensation cannot be provided to enroll or remain enrolled in a specific school.
In other words, a NIL deal cannot be given to an athlete as an inducement for him to either transfer to another school or stay at his current school.
• The compensation cannot be provided by the school or anyone acting as an agent for the school.
• Students receiving NIL compensation cannot represent a company wearing a school’s logo, school name, mascot or “any trademarked GHSA logo or acronyms.”
• No school facility can be used for the purpose of NIL activities.
• A student receiving NIL compensation cannot be involved in activities that are not endorsed by a school. Examples are tobacco and alcohol products and controlled substances.”
When GHSA executive director Robin Hines announced the organization’s decision several weeks ago, he said, “The whole thing is based on the premise of everyone’s individual right to publicity, and there’s three things with regards to publicity, and that’s name, image and likeness.”
He added, however, that “While every individual owns their own name, image and likeness, they do not own the intellectual property of the state association, or the local school or school district. Therefore there can be no mention of that individual’s school, their uniform, footage, et cetera.”
Edwards used the example of a Colquitt County football player who signs a NIL deal with a local automobile dealership.
The player can go on television or radio and say, “Hi, I am so-and-so and I enjoy driving my new truck from so-and-so.”
That player cannot say “Hi, I am Colquitt County football player so-and-so” and be wearing a Colquitt County cap, jersey or T-shirt and cannot be photographed or filmed at a Colquitt County school or athletic facility.
It is unclear whether that player can be shown with a football, baseball, softball, soccer ball or something else representing his sport.
Edwards said he was unsure whether a student/athlete could conduct a sports camp and receive compensation.
Edwards was adamant about families seeking professional guidance before entering into a contract.
He was asked about legal advice, which could be costly. He said the school system did not currently have a source who could look over contracts.
Such a contract could affect college financial aid. It most certainly will have tax implications.
After a student/athlete enters into an NIL agreement, he and his parents and/or guardians have seven days to notify Edwards or Colquitt County Principal Dan Chappuis.
Edwards made clear that the school system’s role is only to report the contract to the GHSA.
“Everything else is up to the parent,” he said.
NIL compensation can include cash, checks, travel expenses, complimentary meals, free products and services, gift cards and digital credits.
Edwards also stressed that student/athletes cannot use an agent, which could result in the loss of amateur status.
NIL contracts will not result in the loss of collegiate eligibility “as long as we do what we are supposed to do,” Edwards said.
High school athletes cannot take advantage of compensation from collectives, defined as “third-party for-profit or non-profit business built by boosters to create financial opportunities for student-athletes.”
Many college players receive NIL compensation from collectives that are not a part of the college or university the player represents.
Edwards also urged parents to be on the lookout for predators looking to take advantage of young athletes and that he is willing to help parents navigate the process of correctly entering into a NIL contract.
He urged any concerned parent to call him at the high school and for them to visit: https://biz.opendorse.com/blog/nil-high-school/ or https://bit.ly/Business-of-College-Sports-HS-NIL-Tracker.