The Wisconsin Interscholastic Athletic Association (WIAA) membership has voted on an amendment to the Association’s bylaws that will allow high school athletes in Wisconsin to profit from their name, image, and likeness (NIL). The bylaw amendment aligns Wisconsin with a growing number of states that have embraced NIL rights at the high school level.

A Second Chance on NIL for the WIAA

This is not the first time the WIAA has considered relaxing its NIL restrictions. A similar amendment was voted on at the end of the 2023-24 academic year, but failed to pass, largely due to concerns over recruiting imbalances, administrative confusion, and uncertainty over enforcement. However, momentum has shifted since then. Over 40 state high school athletic associations have implemented NIL rules permitting high school athletes to participate in the growing market, creating pressure for Wisconsin to modernize its stance or risk falling behind. Likewise, there was speculation that if the WIAA did not permit high school athletes to engage in NIL activity, the state legislature may have gotten involved.

The New Bylaw

The amendment modifies WIAA Bylaw Article II, Section 1. It allows Wisconsin high school student-athletes to earn compensation for their NIL outside of school-related team activities. This means athletes can enter into endorsement deals, social media promotions, and other income-generating opportunities independently of their school affiliations. To maintain the integrity of high school sports and prevent potential abuses, the amendment includes several important restrictions. Athletes are allowed to profit through social media promotions, endorsement deals, personal appearances, autograph signings, and more, as long as these are not connected to their school team, uniform, or WIAA branding. However, there are a handful of limitations:

• NIL deals cannot involve school or team logos, facilities, uniforms, or names;
• Athletes may not endorse products that conflict with school or WIAA rules, such as tobacco, alcohol, firearms, or gambling;
• Schools and coaches are not allowed to facilitate or negotiate NIL agreements on behalf of athletes;
• NIL activity must be student-initiated and independent of any recruitment or pay-for-play implications; and
• Athletes are not permitted to hire an agent to source or negotiate NIL deals (the WIAA has indicated that athletes are permitted to hire an attorney to review contracts).

These restrictions aim to preserve the amateur integrity of high school sports while still giving athletes autonomy over their personal brands.

What This Means for Athletes and Schools

This amendment opens the door for student-athletes to benefit financially from their popularity and performance, especially those with large social media followings or standout talent. Athletes would be able to monetize their NIL, much like college athletes have since the NCAA relaxed restrictions in 2021.

For schools, this change introduces new responsibilities. While they may not be directly involved in NIL deals, they should educate athletes, monitor for compliance, and adjust existing policies to avoid violations of eligibility rules. The WIAA has partnered with Influential Athlete, a Milwaukee-based company, to educate school leaders and athletic directors on navigating the NIL landscape.

This bylaw change represents a major shift in Wisconsin high school athletics. With high school athletes now permitted to engage in commercial NIL activity, athletes and their parents should be cognizant of the legal ramifications of entering into formal contracts. While not an exhaustive list, engaging in NIL activity typically has broad contract, tax, and intellectual property ramifications. Athletes should consider working with legal counsel to appropriately navigate NIL contracts and the related legal implications of this dynamic space.