May 7, 2024 at 6:01 a.m.

Shoutouts & Callouts

Wisconsin schools come to their senses on NIL, for now

By JEREMY MAYO
Sports Editor

A rainy afternoon and a quiet day in the ever-busy spring sports slate has given me a chance to catch up on a topic that nearly made statewide headlines a couple of weeks ago.

We were a mere 49 votes — essentially 25 school delegates flipping their decision — away from Name, Image, Likeness rules becoming a reality in Wisconsin high school sports.

If that last sentence made you stop and do a double take, you’re not alone. When RHS activities director Brian Paulson posted last Wednesday morning on the activities department Facebook page about the vote that would take place later that day, the common refrain in the comments was, ‘Wait, what?!’

Thankfully, WIAA member schools shot down a proposal put forward by the WIAA executive staff 219-170. That’s because, in my view, no matter how well-intentioned, NIL does not belong in high school sports.

I say well-intentioned because, looking at how the amendment to the WIAA’s constitution was presented, it seemed pretty straightforward. In short, it allowed student-athletes to profit from their athletic fame, provided that any sort of endorsement or advertising opportunity was not affiliated with their high school team, conference or the WIAA. That seems simple enough. 

It then added a list of future restrictions limiting the types of product (i.e. no alcohol, tobacco, cannabis or firearms) that could be endorsed, and safeguarding against NIL opportunities turning into some form or recruitment to come play for a certain school.

In an interview with FOX-6 in Milwaukee prior to the vote, WIAA Executive Director Stephanie Hauser said the topic has been a on the organization’s radar ever since NIL opportunities were granted for collegiate athletes and, which each passing year, the discussion has grown louder. Furthermore, 31 other state high school associations around the country have put some sort of NIL provision on their books. That prompted the WIAA to put the amendment up to a vote of constituents this year. 

She further said that NIL opportunities would likely impact only “a very, very small percentage of student-athletes.” 

“But for those, absolutely, it’s a learning opportunity, a chance to show, some new talent that they have some different talent, that they have some entrepreneurship that they maybe weren’t allowed to explore prior to this opportunity. So, sure, there are some positives that I can see for them,” Hauser told FOX-6.

Of course, it should be noted that Hauser’s own sons, Joey and Sam, could have and likely would have benefitted from such opportunities. They were basketball standouts and helped to lead Stevens Point to three straight state titles from 2015-17 before having successful NCAA Division-I careers.

Now let’s talk about the pitfalls of NIL. While well-intentioned to allow athletes to receive some reasonable compensation from the multi-billion dollar industry that is major Division-I athletics, the combination of NIL plus the transfer portal have essentially turned the offseason in several high-profile sports into a glorified free agency period. Just ask anyone who follows Wisconsin basketball what that has done to the roster as several key players have bolted for better opportunities (read: more NIL money) elsewhere.

Now, while the economy of scale is much smaller in high school sports, what’s going to stop a deep-pocketed alum of a certain school targeting talented players to attend his/her alma mater? With open enrollment, there isn’t much to stop players from transferring schools. Sure, the WIAA has a provision that requires students who transfer after beginning their third semester of high school to sit out a full year, but it also has a waiver process that has circumvented that ban in a number of instances. 

What’s more, who’s going to enforce all of this, and make sure all NIL deals are on the up and up? According to Hauser, don’t look at the WIAA.

“Often we’re compared to the NCAA, but the WIAA does not have an eligibility or an investigative branch,” she told FOX-6. “So no, the school themselves will be the ones to educate the parents and the student athletes and then to address any potential eligibility issues.”

Basically, the WIAA is relying on schools need to self-police all of this. That job will likely land on athletic and activities directors who are already stretched thin with the number of hats they need to juggle on a day-to-day basis. With all due respect to Mr. Paulson and his counterparts, it’s like asking Barney Fife to guard Fort Knox ... by himself.

There’s another key point that needs to be addressed when it comes to NIL at the college ranks versus high school — who exactly is going to be pocketing the cash from all of this? Unlike college where the athletes are over 18, by and large we’re still dealing with minors in high school sports. Sure mom and/or dad might do the responsible thing and set that money aside for college, or let their son or daughter spend that money as they see fit. Or they could keep it for themselves, seeing it as a justification for and recuperation of time/money spent at travel tournaments, prospect camps, etc. 

If kids weren’t already exploited in the quest for college scholarships, dangling NIL dollars out there would certainly do the trick.

While defeated for now, don’t be surprised to see the NIL topic continue to be pushed until its passed — similar to how it took a few tries and runs through subcommittees for a competitive balance plan to meet the approval of the WIAA membership.

In the WIAA’s press release after its annual meeting, Hauser herself said NIL is far from a dead topic.

“We will continue this conversation with our membership in response to the trend across the nation with other high school associations allowing some opportunities for Name, Image, Likeness,” she said.

Hopefully that’s not the case because I, for one, have doubts that NIL is good for high school sports — in particular high school sports in the Northwoods. Already facing an uphill climb competing in the same divisions as public and private schools in and around major metropolitan areas, NIL seems as another means that will allow the rich to get richer, both literally and figuratively.

Perhaps I’m reaching that point of my life where I find things billed as change in the name of “progress” becoming more and more a load of hooey, but NIL doesn’t feel like progress. It feels like another way that high school sports becomes increasingly less and less about school and community pride. In its place is another way for parents to cherry pick opportunities for kids — a lot like open enrollment, mega co-ops in hockey and private schools. It’s driven by the two powerful narcotics — winning and money.

The scary thing is we’re only 25 changed minds away from the next domino falling in that regard. 

Jeremy Mayo may be reached at [email protected].


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