Ohio remains one of only six states nationwide that continue to prohibit high school student-athletes from entering into name, image, and likeness (NIL) agreements. Jamier Brown, one of the top high school football prospects in the nation, challenged the prohibition under antitrust principles. His family has argued that the state’s NIL restrictions have caused him to lose out on over $100,000 in potential endorsement deals. A Franklin County Court of Common Pleas judge issued a temporary restraining order against the Ohio High School Athletic Association (OHSAA) on October 20, 2025, temporarily blocking the state’s prohibition.
The litigation has forced the OHSAA to call an emergency bylaw referendum to vote on a new NIL policy for the state. Although member schools declined to pass a similar NIL proposal as recently as 2022, the OHSAA has warned that failing to do so now could leave the future of NIL regulations in the hands of Ohio courts. The full text of the proposal is available here.
The proposed bylaw would allow student-athletes to be compensated for their name, image, and likeness under certain circumstances. For example, agreements associated with inappropriate or distracting products/services (such as alcohol, cannabis, or firearms) are strictly prohibited, and the specifics of each agreement must be disclosed to the OHSAA within fourteen days. Students would also be prohibited from engaging in NIL activities during school hours or during any official team activities under the proposal, and they would be barred from using the name, logo, mascot, or other proprietary properties a member school or the OHSAA in any NIL activity.
Several restrictions were included in the proposal to ensure NIL deals are not leveraged by Ohio schools or booster groups for improper recruiting purposes. Students cannot enter into an NIL agreement that is provided as an inducement to attend a particular school, and they cannot accept any deal provided by a member school, its booster club, or an administrator or coach. NIL collectives, which are third-party groups typically formed by alumni and supporters to pool together fundraising for NIL opportunities, are also strictly prohibited by the OHSAA’s proposal.
Failing to follow these guidelines can have serious consequences for student athletes. If a student fails to disclose their NIL agreement within the 14-day deadline, they can be declared ineligible for up to twenty percent of the sports season. The proposal also creates a rebuttable presumption that a student was improperly recruited if their transfer can reasonably be linked to a recent NIL agreement, and the OHSAA reserves the right to suspend a student from participating in athletics during the pendency of the alleged violation.
What this means for your district? The voting window for the proposed bylaw will open on November 17 and continue through November 21. Each OHSAA member high school has one vote, which can be cast by the school principal. Even if the OHSAA’s proposal isn’t passed it is worth noting that NIL is increasingly becoming the norm across the country, even at the high school level. In the meantime, districts cannot prohibit students from engaging in NIL activity while the temporary restraining order remains active, and districts may benefit from having a plan in place to protect their own image/brand as students begin to seek endorsement deals.