Pennsylvania and High School NIL

Recently, Pennsylvania has instituted a policy to allow high school athletes to engage in NIL activities. Given some of the concerns from Ohio high school ADs, I wanted to do some research on the Pennsylvania regulations and see how implementation has gone.

The following language was added to the state's amateurism Rule: Students may receive Consideration for the use of their own name, image and likeness (NIL).  Such permissible activities include commercial endorsements, promotional activities, social media presence, product or service advertisements, and unique digital items/assets.  NIL contracts/agreements need to come from analysis of the value an athlete brings for providing a specific service/activity, not as an incentive for enrollment decisions or membership on a team.  No school or anyone employed by or affiliated with a member school, including booster clubs, coaches, Collectives, administrators and alumni, may solicit, arrange, negotiate or pay for a student’s, other than their own child, use of their NIL and/or the provision of Consideration to a student for the use of their NIL.

In engaging in NIL activities, students may not make any reference to PIAA or a PIAA member school (including the school and/or team name, nicknames, terms by which a school or team is commonly referred or identified, logo) and may not wear school uniforms or school-identifying apparel or items).  Students may not endorse or promote any third-party entities, goods or services during team/school activities.  Students may not wear the apparel or display the logo, insignia, or identifying mark of an NIL partner during any team/school athletic activities unless it is part of the standard school uniform for that sport. Students may not engage in any NIL activities involving, displaying or endorsing the following categories of products and services:

(1) Adult entertainment products and services;

(2) Alcohol products;

(3) Casinos and gambling, including sports betting, the lottery, and betting in connection with video games, on-line games and mobile devices;

(4) Tobacco and electronic smoking products and devices;

(5) Opioids and prescription pharmaceuticals;

(6) Controlled dangerous substances;

(7) Weapons, firearms and ammunition.

Within 72 hours after entering into any type of NIL contracts/agreements, a student, or the student’s parents/guardians must notify the Principal or Athletic Director of the student’s school of entering into that agreement.