The Ohio High School Athletic Association (OHSAA) has announced an emergency referendum vote that will allow member schools to decide whether student-athletes can be compensated for their name, image and likeness (NIL).
The move comes after a Franklin County judge issued a 45-day temporary restraining order (TRO) against the OHSAA on Monday, preventing the organization from enforcing its current bylaw that prohibits student-athletes from receiving NIL compensation. The TRO stems from a lawsuit filed Oct. 15 by an Ohio student-athlete challenging the restriction.
OHSAA Executive Director Doug Ute said the Board of Directors will meet Thursday to determine voting dates within the 45-day window. Each member high school will have one vote, cast by its principal.
“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,” Ute said. “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 the proposal, it would allow the OHSAA to shape and enforce NIL regulations for high school athletes across Ohio. If the proposal is rejected, the future of NIL in the state will likely be determined through the courts.
The OHSAA plans to release the full text of the proposed NIL bylaw Thursday. In summary, the proposal would allow student-athletes to enter agreements and receive compensation for appearances, social media endorsements, licensing and other NIL activities, while maintaining eligibility through outlined reporting and compliance measures.
Ohio remains one of only six states that currently bans NIL deals for high school athletes. In 2022, OHSAA member schools rejected a similar NIL proposal by more than a two-to-one margin (538 to 254).
The OHSAA said it will provide additional information and host webinars to help school administrators make informed decisions before the emergency vote.
