By Tom Nader

Publisher and Editor

The Ohio High School Athletic Association announced Tuesday that it will hold an emergency referendum vote regarding Name, Image and Likeness within the next 45 days.

The specific voting date by member schools will be set at Thursday’s OHSAA Board of Directors meeting. The meeting will also outline the proposed NIL bylaw language.

Each OHSAA member school will have one vote, with the high-school principal casting the vote on behalf of the district.

The action is in response to a lawsuit filed by a student-athlete on Oct. 15 against the OHSAA regarding NIL. A Franklin County judge opened the case on Monday by issuing a 45-day Temporary Restraining Order (TRO) against the OHSAA.

The 45-day TRO prevents the OHSAA from enforcing its bylaw that prohibits a student-athlete from being compensated for his/her Name, Image and Likeness.

This prompted OHSAA Executive Director Doug Ute to announce the emergency vote.

“We anticipated a lawsuit would come any day and our Board of Directors has already approved the language of an NIL bylaw referendum for our schools to vote on,” said Ute. “We are thankful for the 45-day window so our schools will have time to learn more about this referendum and to vote on our proposed language for NIL.”

If the membership votes in favor of a proposal, it would allow OHSAA member schools to shape the NIL bylaw. If schools do not vote in favor of the referendum, the lawsuit and the future of NIL in Ohio will be determined by the court.

During the OHSAA Regional Update Meetings around Ohio in August and September, administrators in attendance were informed that a proposal on NIL was likely coming. Feedback from a committee of school administrators that met on this issue at the OHSAA also provided beneficial feedback. To help schools make an informed decision in the upcoming emergency vote, the OHSAA will send information and conduct webinars, hosted in partnership with Influential Athlete, to clarify the proposal and outline the next steps should the vote pass.

In September, the OHSAA Board of Directors approved language for an NIL referendum to go to member schools next May as part of the annual referendum voting process, but as with any referendum item, schools could be asked to vote on the proposal prior to the May voting period due to legal action, as permitted by OHSAA bylaw 8-1-1.

The full text of the proposal will be announced Thursday, but in summary, the proposed new bylaw would allow student-athletes to enter into an agreement and be compensated for their name, image and likeness through appearances, licensing, social media, endorsements and/or the use of branding based on their public recognition or notoriety. The proposal would also establish reporting procedures and limitations so that students do not jeopardize their eligibility as it relates to the OHSAA’s recruiting and amateur bylaws.

NIL at the high-school level has spread rapidly across the country in the last several years since it became permitted at the college level. Currently, the OHSAA is one of only six state associations that does not allow NIL by student-athletes at its member schools.

In 2022, OHSAA member schools voted down the OHSAA’s first NIL proposal by more than a two-to-one margin (538 to 254). The annual referendum voting period is May 1 through May 15. The OHSAA Board of Directors approves items that are on the ballot, with each school casting one vote on each issue.