Name, image and likeness not yet coming to high school sports in Wisconsin (2024)

STEVENS POINT — The era of name, image and likeness in high school sports in Wisconsin will have to wait for another year.

Legislation allowing student-athletes to profit away from the game based on their likeness was the lone amendment to fail during Wednesday’s Wisconsin Interscholastic Athletic Association meeting.

Among the 390 represented schools, 219 voted against the measure opposed to 170 in favor, falling 26 votes shy of the simple majority (50% plus 1 vote) as Wisconsin remained one of 17 states without NIL legislation.

“That tells me that there was almost half of the members that were ready to make this change, and so the conversation isn’t over,” said Stephanie Hauser, WIAA executive director.

Video review in the event of an ejected player and in-season youth programming (camps and clinics) were both passed almost unanimously, but the NIL centerpiece voted upon by state athletic directors at the Sentry Theater failed by just over two dozen votes.

Meanwhile, video replay allowing schools to send one unedited video clip for review when they believe the wrong player has been identified in an ejection passed by a vote of 387-1. School programming that allows schools to conduct youth programming for students in eighth grade and younger outside the season of competition for providing camps or clinics passed by a vote of 381-9.

Madison Metropolitan School District athletic director Jeremy Schlitz was among three to speak on name, image and likeness ahead of voting.

Schlitz was opposed to the measure and said an area caucus straw poll conducted two weeks ago “was significantly against” passing the proposed amendment. He believed the small amount of student-athletes able to profit off NIL “would likely impact the 99%.”

“Entities cannot support both general school programming and provide NIL contracts without eliminating eligibility for the student athletes to participate in education-based athletics,” he said. “I think we need to find an accessible middle ground to effectively do this and not erode education-based athletics.”

Schlitz was joined by St. Croix Falls athletic director Tara Rose and Stoughton athletic director Andie Alexander. Rose wasn’t against the measure, but more so didn’t “feel equipped to say ‘Yes, I’m ready to help my student-athletes.’”

“I think there’s a lot of unanswered questions still for me,” she said, “and to be able to help my student athletes and my parents by May, I don’t feel ready and equipped.”

Portage athletic director Ed Carlson was among those who voted against the adoption. Carlson also feels more education is necessary, and disagreed with some of the proposed restrictions.

One of the prohibited NIL activities in the proposal included:

The compensation is not provided by the school or persons associated with school as an inducement to attend a particular school (“recruiting”) or to remain enrolled at a particular school.

Note: Definition of ‘persons associated with school’ include, but are not limited to: current or former coaches, current or former athletes, parent(s)/guardian(s)/caregiver of current or former student/athletes (exception of one’s own parent), booster club members, alumni, spouses or relatives of coaches, teachers and other employees, coaches who become employed, active applicants for coaching positions, and persons who are employed by companies or organizations that have donated monetarily, athletic supplies, equipment or apparel to that school.

Said Carlson: “In our community we’re so fortunate to have who we have, and those individuals and businesses support not just athletics but it’s our school district as a whole and all the opportunities we have for our students. Those are the ones who would want to reward the athletes in those instances.”

Carlson named Aspirus Divine Savior Hospital in particular as an organization that wouldn’t be able to give a student-athlete a NIL deal after recovering from a potential injury because of the pair’s impending land deal.

“That wouldn’t be allowed in this proposal. Those are some of the things that would be good for our partnerships and community stakeholders because it’s a benefit to both,” he said.

Hauser said the vote “didn’t surprise me at all.” She said the discussion surrounding NIL, which began in 2021 when she succeeded former executive director Dave Anderson, will continue with the association’s area meetings in the fall, and hopefully lead to a vote next year.

“It’s a really big topic and again, to get your arms around a new way of thinking of something will allow high school students to do, that’s concerning to people,” she said. “But, again, the reality of what we’re seeing around us, it’s changed.”