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5 things to know about SDHSAA's proposed NIL amendment

jonathan fernandez, sioux falls argus leader
·4 min read

South Dakota is just a few weeks away from deciding something that is years in the making.

On April 16, the South Dakota High School Activities Association presented a constitutional amendment that would allow high school student-athletes to be paid for their name, image, and likeness.

Naysayers have said the state will never be ready for this. Dan Swartos, the executive director of SDHSAA is outlining how this could work.

Here are five things to know about the NIL amendment that’s on the table:

What is NIL?

NIL stands for “name, image and likeness” and has become the abbreviation synonymous with college athletes’ ability to become paid endorsers and earn money. This can include autograph signings, event appearances, product endorsements, social media posts and more.

Why is SDHSAA trying to pass this amendment now?

The activities association has been looking at proposing an amendment for years, Swartos said. Once NIL was allowed in the collegiate space, it was only a matter of time until it trickled down to high school sports. According to the Business of College Sports, 31 states allow their high school student-athletes to earn money on their name, image and likeness.

Swartos said the activities association looked at its own policy and saw it was outdated. Under the current policy, a student-athlete violates their amateur standing by receiving money for the use of their name, image and likeness, but in today’s age of social media, it’s difficult to differentiate between receiving money as an athlete vs. an individual.

The example Swartos used was if a high school football player who streams on Twitch and has 10,000 followers monetizes his stream, is he earning money as an individual or off his name as an athlete? And how is that different from any student just working a part-time job?

“It's just sort of trying to lay out some groundwork to separate here's what it means to be doing business as an athlete, and here's what it means to be receiving money just as an individual,” Swartos said of the amendment. “So trying to separate that out and clean it up and really define what we have in place already, is what we are going for, and using what a lot of states around us have put in place already.”

How would it work?

If passed, the SDHSAA will take a pretty hands-off approach to managing the NIL deals of student-athletes. The student-athletes, their parents and schools would manage those independently within the guidelines set by the activities association to ensure that they're not risking their amateur eligibility.

The SDHSAA would also want to ensure that student-athletes and their families are educated before making any deals. Students and their families would be provided with a National Federation of State High School Associations course that outlines the parameters of NIL and provides valuable information that will help protect themselves and their eligibility.

The guidelines SDHSAA is proposing

Under the guidelines, the SDHSAA is proposing the student could receive remuneration for the use of their name, picture, likeness, and/or personal appearance provided that:

  • The activities don’t interfere with the student’s academic obligations

  • Remuneration is not tied to athletic performance (they’re not paid per touchdown or per hit)

  • The remuneration is not used as an inducement to attend a particular school or transfer to a particular school.

  • The remuneration is not provided by the school or agents associated with the school (i.e. booster clubs, foundations)

  • SDHSAA or member school marks or logos may not be used in any activity where the student receives remuneration for the use of name, picture and/or personal appearance, nor shall the SDHSAA or member school name/mascot be referenced in the activity.

  • Member school uniform may not be used (worn, displayed, or otherwise) in the activity.

  • Clothing or equipment with the member school or SDHSAA logo may not be used in the activity.

  • Member school facilities may not be used in the activity.

  • SDHSAA or member school awards/trophies may not be displayed or referenced in the activity.

  • The student shall not promote or endorse activities associated with alcohol, tobacco, vaping, controlled substances, gambling, banned athletic substances or other illegal substances/activities.

  • Member schools may not arrange, develop, or promote the relationship between the student and the involved entity.

When is the vote?

The SDHSAA Board of Directors approved the second reading of the NIL amendment, meaning the next step is the vote. Member schools have until May 31 to cast their votes. For the amendment to pass, it needs 60% favorable votes.

Jonathan Fernandez covers high school and college sports for the Argus Leader. Contact him at jfernandez1@argusleader.com. Follow him on Twitter at@JFERN31

This article originally appeared on Sioux Falls Argus Leader: What to know about SDHSAA's proposed NIL amendment