State Says High School Athletes Can Now Profit From Name, Image And Likeness - 27 East

State Says High School Athletes Can Now Profit From Name, Image And Likeness

Desirée Keegan on Nov 16, 2021

The New York State Public High School Athletic Association announced last month that students participating in public school sports can now profit from their name, image and likeness.

The unanimous October 20 vote by the state Executive Committee means athletes can “participate in commercial endorsements provided there is no school team, school, section or NYSPHSAA affiliation,” NYSPHSAA Executive Director Dr. Robert Zayas said in a statement. This means a student looking to make money cannot use team uniforms or symbols associated with school programs.

Southampton Athletic Director Darren Phillips said when it comes to the new rules, education is key.

“I have to educate the coaches, the parents and the athletes by sending out letters — to not only varsity kids — letting them know this is out there. It’s better to throw out a bigger blanket just for down the road,” Phillips said. “If someone is willing to do it, that’s fine, they can do it. Me, personally, I don’t see it exploding right out of the gate, but it’s all about branding, and a lot of these kids spend most of their time on social media. It’ll be interesting to see what happens.”

The rule is designed to protect student-athletes from being declared ineligible for violating policy. The move also brings the state up to speed with the NCAA, which in July announced it would begin allowing athletes to profit from their name, image and likeness.

“It’s a trickle-down effect,” Phillips said. “Some really good player could come up and a booster from a college may want you to go there and could certainly sponsor you and try to influence you to go to that college. I think there will be kids that benefit from it, certainly, but it’s still in its infancy stages, so there’s still so many more questions than answers.”

Dr. Zayas said a student who breaks the rule by capitalizing on athletic fame by receiving money, compensation, endorsements or gifts of monetary value in affiliation or connection with a student’s school or utilizes the marks, logos, etc. of the school, section or NYSPHSAA will not be able to participate in school-related athletics, saying that an athlete forfeits amateur status. He said Monday a student who violates the rule may apply to the league or to the designated body within that section for reinstatement one year from the date of the latest violation.

Students can currently receive up to $500 in awards or prizes for winning a school-sanctioned event, like, say, a Nike All-American competition or bowling tournament.

“I believe that in being proactive, the NYSPHSAA has developed a safety net so that student-athletes don’t have negative consequences through misguided actions,” said Tom Combs, executive director of Section XI, the governing body of Suffolk County sports. “It is recommended that if a student-athlete is contemplating participating in moneymaking activities that the coach and athletic director are consulted for direction and clarification.”

Westhampton Beach Athletic Director Kathy Masterson and East Hampton Athletic Director Joe Vasile-Cozzo said they currently do not know of any athletes looking to take advantage of the new rule. Pat Pizzarelli, the executive director of Section VIII, the governing body of public school sports in Nassau County, told Newsday last month that he sees the decision having a larger impact upstate.

“It’s more high-profile players and it all comes down to social media — how many followers you have,” Phillips said. “It’s fair, but it’s crazy. It’s a brand new world. People will probably take a wait-and-see approach.”

He believes this will be the case in light of events in recent months, including the No. 1 football recruit in the nation, Quinn Ewers, who signed a name, image and likeness deal worth $1.4 million with GT Sports Marketing in exchange for autographs in August. The high school student decided to skip his senior season, reclassify to the 2021 class and enroll early at Ohio State.

Clemson University quarterback D.J. Uiagalelei, who signed with Dr. Pepper, was catapulted into the spotlight for signing one of the first NIL deals, but was benched following a pick-6 in a game against the University of Pittsburgh. Through the first month of the season, several star college football players who inked high-profile NIL deals have under-delivered, at least on the field.

Phillips said he expects he and other athletic directors to discuss the topic at conferences this month, and compare notes on how they plan to navigate the new rule.

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