top of page
    • Sep 7
    • 5 min read

North Carolina's Public High School NIL Policy Battle...


If you've been following High School NIL policies (specifically in regards to state associations), you probably know that this week the North Carolina High School State Athletic Association (NCHSAA) and the North Carolina State Board of Education met to discuss further potential policy considerations. 


This one is interesting to me because in 2020 while I was living in Chapel Hill and working at The University of North Carolina, I had a meeting with the staff at the NCHSAA (side note - their office is directly across from the UNC Golf course).


I talked to them about NIL, what they should consider as they prepare for it in the coming years to lead their organization forward.  Well - as with most associations, it wasn't time, and it wasn't a focal point.  But that's a story for another day.


It's also interesting to note that the NCHSAA had preliminarily approved proposed NIL regulations over a year ago, but the the state politicians walked that bad.  In the meantime, the North Carolina Independent Schools Athletic Association has since approved an NIL policy to permit NIL activity for their student-athletes.


The proposed NIL regulations will now be moved to public comment where "the public" will have a chance to provide insight from Oct. 1 to Dec. 6, and during a virtual public hearing on Nov. 8th at 10:00 am. 



So - where am I going with all of this?


To the policy, and some considerations that always make me pause.


Let's dig in...


#1 - "A copy of all NIL agreements must be shared with the head coach, athletic director, principal, superintendent, and the chairperson of the local board of education." 

I'm not a lawyer, but I'm also not a huge fan of disclosures, especially when you're asking school personnel to "touch" in any way an agreement between an external entity and a student (that technically they have no involvement in). 


Athletic Directors don't have time for this, nor should they "want" to be involved in this.  Principals have an entire building to worry about and Superintendents have much bigger fish to fry.  And let's face it, involving the board of ed - not a great idea IMO.  (and I've been a board of education member... you don't want to involve them in this).


If this continues to stay part of it, the only piece that needs to be included is the activity requirements and that exchange of services on the athlete side to ensure compliance with the regulations.  No $ numbers.  No personal information.  Just a slippery slope that I don't see any footing on.


#2 - "Student-athletes cannot endorse or promote goods and services during competition or other school activities, and they cannot display any logos or brands while competing, unless it is part of the standard school uniform".

I always have questions with this, and mainly it's in regards to interpretation and enforcement.


Example - A HS baseball player signs an NIL agreement and in exchange for whatever activity they do, they receive a free batting or sliding glove. 


Potential Interpretation of Rule - those items would not be able to be used by the student-athlete during a game, practice, or any other school associated event. 

(exchange batting glove for any other item with a logo - lacrosse stick, socks, etc.)


Would this be interpreted as part of the standard uniform?


Will it really matter if they do utilize that equipment that was provided as part of their NIL agreement?


Who is going to be responsible for enforcing that policy? 


The AD at the game?  The coach?


Again, nobody has time for that, and I’ll bet most likely won’t even know.


But as I tell every school / coach / stakeholder I work with, often times “it doesn’t matter, until it matters.”


#3 - “The rules also seek to prevent NIL from becoming a recruiting tool.”

100% get it, and agree it shouldn’t be. 


But, unless you are able to connect the policy and write it in a way that utilizes your other regulations / bylaws as triggers for investigations, this is a hard one to prove. 


NIL policies cannot be stand alone.


They must integrate and connect to your other bylaws, and utilize the overall goal of educational based athletics together to support the safety of the students / programs / schools.


Through numerous online technology programs / payment gateways that are currently operating in many states (and violating high school state association regulations), this is an area that has to have some teeth, otherwise the work-arounds will be found, and pursued. 


Sometimes we make High School NIL policies too hard. And I don't believe that happens because there isn't major care and concern for student-athletes, but rather, just a high level of anxiety of what happens if...


I've worked with numerous states and organizations, and the goal is to keep it simple, keep it away from school sport participation, and focus on educating on the Policy pre / during / post. (In fact i'll be doing just that with all of the athletic directors of a state in the southwest next week...)


And as a reminder - I don’t ever take a stance on High School NIL. 


My job as an NIL educator is not to tell people what to believe, or whether HS NIL Activities are a good or bad thing, but rather, I focus on helping schools / admins / coaches / stakeholders work through policy elements and consider how to best lead educational based athletics and their programs forward.


So no matter what happens down in NC, I’m hopeful that those in leadership positions will continue to discuss important elements of their policy, the leadership impact, and the overall development, implementation, and enforcement of those policies at the grassroot school level. 


And if you read all the way to this point, and know anyone (schools, govt. Organization, etc, that needs support) - have them give me a call! Here to help in any way!


Keep Being Awesome!


- Doc G



 

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.



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.


If you’re interested in staying up to date about all things NIL-Education, head on over to www.NIL-Education.com and subscribe!!

Comments

bottom of page