What we can learn from the recent Wisconsin High School NIL Vote...

If you follow the world of Name, Image, & Likeness policies at the high school level, then you probably already know that the Wisconsin Interscholastic Athletic Association Member High School Athletic Directors recently voted against a proposal that would have permitted Wisconsin HS student-athletes to profit from NIL activities, (219 against to 170 for).

It's interesting to note that Wisconsin is only the second state to date where the association has put it to a vote, and the membership has decided against it.

The only other state to do so was Ohio in the Spring of 2022, where their membership failed by a 60% - 32% margin (538 against, 254 in favor). And just a little tid bit of information to help understand how memberships, voting, and even proposal passing procedures differ - in Ohio, the voting members are the high school principals, not the AD's. (although hopefully the AD's and the principals had discussions prior to the vote!).

I've followed the state of Wisconsin's journey over the past year, and was lucky enough to speak at the WADA (Wisconsin Athletic Directors Association) conference last fall where I focused on supporting the AD's with an understanding further of NIL and the national landscape, policy and leadership considerations, and clarifications necessary as it progressed further in their state.

At the time everyone knew they would be presented with a vote at some point, they just didn't know how quickly, or what the proposed language might even look like.

Fast forward a few months later, and a proposal was put into place to move forward.

You can read through the proposed language here:

During the week of the vote, a Milwaukee TV station reached out to ask my thoughts on NIL at the HS level, and since that time I've continued to see numerous "NIL Educators" and those in the "NIL environment" either blatantly bash the WIAA and the AD's for what happened, or commend them for maintaining their position as it not being right at this time for their state.

You can watch the clip from WTMJ Milwaukee here if you're interested: https://www.tmj4.com/news/local-news/wisconsin-interscholastic-athletic-association-considers-name-image-likeness-deals-for-high-school-students

For those of you that are school administrators, you know there will always be the critics, but, as I've reflected further on my continued conversations, there are a few thoughts I felt compelled to share.

#1: High School Athletics is unique to each state, and I commend the WIAA and the AD Membership for working together...

One of the biggest issues I see in High School NIL is the lack of understand that not all policies are created equal, and each state association governs themselves uniquely. I'm not from Wisconsin, I can't act like I know what Wisconsin High School Sports looks like from all levels.

There's a lot more to it than just, "every person, including high school SA's, should have the right to monetize their NIL." If it was that easy, everyone would have already done it, and done it the same way.

There are 38 state associations that currently permit it, and about 95% of all of their policies have unique elements.

I had the opportunity at the WADA conference to meet the WIAA staff, and they were great people. They were trying to do what was best for their membership.

I've gotten to know many AD's in the state of Wisconsin, and they are some of the best in the business. They truly care about educational based athletics, and are working diligently to do things the right way, in the best interest of the kids.

They have reservations, and honestly they should. If you watched that video interview above, you'll hear differing parent opinions on the subject, with one who is Pro-NIL activity stating, "kids who spend time working on their skills should be rewarded."

That's not really what NIL at the high school level is all about. Actually, it's not what it's about at all. At the base level, it is supposed to have nothing to do with athletic ability / participation on their teams, but let's face it, if you're watching the continued uncertainty and somewhat of a disaster within college athletics, it's hard for most people at the high school level to have a clear understanding of what NIL activity is even supposed to "mean".

#2: When there are continued questions from the AD's / membership on NIL policies in practice, along with enforcement and compliance, it shouldn't move forward...

Now some might not agree with me here, but I don't think most High School NIL policies get shot down or pushed back because (there have been a few that have been tabled) the AD or administrator vehemently opposes NIL activity for High School Student-Athletes, but rather, it's because they have questions that aren't being answered.

Those questions may include: (some of the below were specific from AD's in Wisconsin).

• What is the definition of a booster, or someone associated with a school? (because most state that these people can't participate in NIL activity with student-athletes). Most policies state, "person's associated with the school may be, but are not limited to...", and most include Alumni. That's tough for an AD to clearly understand because let's face it, the questions are coming to them.
• What happens if a kid is wearing a t-shirt without any school identifying marks, but it happens to be one of the colors of his school mascot, is that a violation?
• Will this policy put smaller communities with little business at a disadvantage?
• Who is enforcing the language? The school AD's? The WIAA? A collaborative effort? What does that process look like?
• When a violation occurs, what is the process that takes place?
• What does market value mean and who decides that? (specifically in regards to the WIAA policy that states, compensation is commensurate with market value).
• What is classified as an agent? A marketing agent? A lawyer? A financial professional? Some high school state policies allow this, some specifically don't, and others don't address it.

From my hundreds of conversations with AD's around the country there is a fear of the unknown, and rightfully so.

They're tired, they're overworked, and they're trying to do what's right for their programs as a whole.

And most of them see what is going on at the college level and are scared about opening the door to "NIL" if that's what it turns in to.

#3: What the WIAA does now is the most important thing in preparing for whatever comes next...

So the vote occurred.

The membership has spoken.

Door closed.

Or is it?

You'll often hear in regards to NIL proposals at the high school level is, "well if they don't pass it, then the legislators will", or "it's coming, so let's get ahead of it while we can."

While I don't necessarily disagree, I think when that mindset is taken, it rushes the process and makes everyone even more uneasy.

That might be my doctorate in policy studies talking, but, I've worked with a lot of state associations, state AD associations, schools, and other stakeholders that are doing just fine once the "my hair is on fire" is taken out of the equation.

And I truly believe some of that is because of:

Most people aren't fully clear on what the actual state policies mean in purpose and implementation.

My goal when I started educating high school stakeholders on NIL was to help them become more comfortable in what was specific to their state.

Diving into their policy.

Helping them ask the right questions, and consider what they need to do to be proactive.

And ultimately, helping them all get on the same page to understand what it is, what it isn't, and what it's going to look like in practice within their state, school, etc.

I'm a firm believer you can't move forward until you get to that point.

So, I believe the WIAA is in an incredible position right now.

They have time, and that's an incredible thing.

If they were asking my opinion, which they're not but I'm going to give it anyway, here's what I'd tell them to do.

(and let's be honest, the WIAA & WADA people that I've met are tremendous, and they're probably already doing some or all of these things).

1. Create an NIL Task force, and include administrators from each of their regions, with representation of each type / size of school. Rural, Urban, Suburban, small, medium, large. Utilize this group as a working group to support the continued understanding of this policy if indeed it is going to come back again (which it most likely will).
2. Survey all of the AD's and ask questions around their hesitations, their major concerns they had with the proposed language, as well as additional insight moving forward.
3. Go their regional meetings and ask the same questions, going line by line, so they know the sticking points and issues on clarity that impacted any AD's in supporting the proposal.
4. Clarify with the AD's what they would need to best support their schools and student-athletes from a safety and compliance standpoint if this would move forward. (it's not enough to just have a 3rd party partner).
5. Dive into that data, and evaluate where it is, what it is, to best clarify those considerations.
6. Analyze every policy of the 38 state associations that currently permit NIL, and consider what those policies allow / don't allow.
7. Ask every state association executive director of those 38 their views, thoughts, issues, concerns..., and the most important question IMO, "if you had to do it all over again, what would you do differently?"
8. Have the NIL task force discuss the views / thoughts of AD's in the states where NIL is permitted, and gather feedback regarding what actually has occurred specific to their policies. You'd be amazed at the network AD's have, and with Wisconsin being surrounded by states that allow NIL activity, this would add tremendous value IMO.
9. Work diligently to do this prior to the upcoming fall WADA conference, and have a full session, along with breakout sessions going through the data, feedback, questions, and a policy analysis.
10. Continue to focus on working together. From the outside looking in, I believe the WIAA and WADA have a pretty good relationship, but that's not always the case in every state. I've worked with AD groups whose State Association didn't even tell them that their bylaw language had been changed to permit NIL by their board of directors, because in their state they don't need a vote. I've honestly never been more astonished than when I asked an AD of a state where it was approved if I can support them in any way, and he responded with, "Where did you see that it's been approved? We've heard nothing." And this person was on the executive board of their AD association.

All of this is hard.

It's hard for the state association.

It's hard for the AD association and all of it's AD's.

It's just hard.

And as I say in all my presentations / education, I'm not here to tell you whether permitting NIL at the high school level is right or wrong. That's unique to the state and their membership / mission, etc. But, I'm here to help in that process, and support school administrators to the best of my ability understand the policies, and figure out what they can do to support their stakeholders in a safe, compliant way.

While some might have been taken aback by the vote in Wisconsin, I actually commend them for working together and deciding that they just have too many questions that could negatively impact what they work so hard each day to hold together.

Hopefully as they continue forward, the lines of communication will remain open, and the collaborative spirit to support the continued clarity of an environment that often as clear as mud, will be at the forefront.

I think they can get it right, I truly do.

But that starts right now with an invested approach together.

Always here to help!

Keep Being Awesome!

- Doc G

[email protected] | 419.306.3002

Dr. Scott Grant, or “Doc G” as his students call him, is former high school teacher, coach, and athletic director turned college professor in educational leadership / social media / branding, and founded Triple Threat Leadership, LLC. (www.triplethreatleadership.com) & NIL-Education (www.nil-education.com).

Need resources for Personal Branding & Social Media Education? Check out Dr. Grant's "Branding of ME" course, utilized by over 10,000 students, and integrated into hundreds of school curriculums across the country.

Learn more ---> https://www.triplethreatleadership.com/branding-of-me-course

Need help navigating Name, Image, and Likeness and preparing your program??Dr. Grant offers services to assist, and will develop specific tools / resources that fit your districts need.

Learn more ---> https://www.nil-education.com/nil-services

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