Trouble is brewing in Oregon’s high school sports.

Late last year I asked Portland Public Schools for access to all Name, Image and Likeness (NIL) contracts signed by students in the district that have been disclosed to member schools.

“In discussion with staff, I understand that we didn’t identify records of any NIL agreements being shared by students, and I understand we don’t have a formal process to capture this information,” Ryan Vandehey, Public Records Officer and Media Relations Representative with the District, replied initially. “If you’re only looking for copies of agreements, then I think the answer is that we don’t have any records.”

He later added, “I understand from staff that we don’t have any formal process to recognize or collect such agreements, and informally staff could not recall any. It’s possible that a student has such an agreement and either hasn’t shared it with staff or only shared it with school-level staff, but it would take some digging to find that out.”

The fact is, there’s no requirement in Oregon for such contracts to be filed with high schools or for them to be subject to public records requests.

It’s not just Oregon’s college athletes who are reaping financial rewards from the personal branding now allowed in name, image and likeness, or NIL, deals. Some Oregon high school students are on the gravy train, too.

The consequences could be significant ……and worrying.

Just a few years ago, many high schools were hostile to the college NIL option slipping down to the high school level.

“Coaches’ jobs would be impacted dramatically by a policy permitting NIL payments,” noted a 2021 article on the  National Federation of State High School Associations (NFHS) website. “Between teaching their sports’ fundamentals and nuances, scouting opponents, organizing effective game plans and managing different personalities and priorities to get players striving toward a common goal, coaches must have a firm grasp on a variety of moving parts to be successful. The presence of a single NIL contract within a team dynamic has the potential to affect the attitude and playing style of every player on the team, making each aspect of coaching significantly more difficult to control.”

“It’s certainly not something that any coach is going to be happy to deal with,” said John Holecek, head football coach at Loyola Academy in Wilmette, Illinois. “It’s a complete change, and kids aren’t mature enough to handle it for the most part. Hopefully, that won’t be the case, but you would think there’s going to be some tough situations out there for coaches to deal with.”

Notwithstanding such concerns, Oregon joined the high school money rush on October 10, 2022, when the Oregon School Activities Association (OSAA) adopted NIL rules for high school athletes.^[1]

Two Portland-area high school athletes, Jackson Shelstad , a basketball player at West Linn High School , and Sofia Bell, a  basketball player  at Jesuit High School, were the first to take advantage of the new NIL rules in October 2022 when they signed with Portland Gear owner Marcus Harvey to promote his brand. 

As of Sept. 2024, this is what the high school NIL picture looked like across the country, according to Opendorse, used by brands, schools, fans, sponsors and collectives to help athletes build and monetize their name, image and likeness.

With every state and the District of Columbia having their own rules, it’s now really the wild west out there in high school NIL-land. 

HuskerMax, a website that covers University of Nebraska sports, notes that allowing high school athletes to earn NIL money “opens up the potential of leveraging NIL as a recruiting tactic”. An NIL collective, for example, “could offer an NIL deal to a highly rated high school prospect with the undertones that signing with the college team would increase or lengthen the payout”. 

“…that’s what’s happening behind the scenes at every college and with every NIL Collective.,” HuskerMax says. 

“Loopholes abound, says HuskerMax. “If you’re a big-time recruit, get an agent and a lawyer ASAP.”

The NIL game can also divert the attention of high school athletes by pressing them to be more active on social media, a distraction with potential negative implications. After all, high-profile athletes need to do more than be standout players to attract attention. They can, for example, sign deals with brands to promote their products on their social media channels, get paid to share their training routines and design and sell custom merchandise like jerseys and posters.

But maintaining an aggressive social media presence is demanding and can become a job in itself. It can also pressure high school athletes, many of whom are still maturing and not yet legal adults, to adopt a persona that may not be consistent with their true self. 

John E. Johnson, J.D. , a former athletic director at an Overland Park, Kansas high school, cautioned on the website of the National Federation of State High School Associations (NFHS), which promotes high school athletics and activities, that NIL programs at high schools are counterintuitive to the positive traditional notions of education-based athletics. 

High school students with NIL contracts may also come up against a coach’s controls, Johnson wrote.  Under such circumstances, can/will a coach effectively control. 

• Earned playing time,
• Fair and deserved discipline of the player if necessary, or
• Leading the team and community through any resentment of other athletes and families directed at the athlete with an NIL deal.

NIL deals can also spur intense competition between in-state high schools and between states with differing rules.

When I attended a private New England prep school (a long time ago), it was common for the school to poach star athletes from public schools with a post-grad year and a full scholarship offer as inducements. Some public schools also recruited athletic standouts from other districts, encouraging them to live with a relative in the new district to qualify for attendance.

Luring out-of-district and out-of -state athletic stars is still common today.

In 2024, Jada Williams was a senior basketball player at La Jolla Country Day School, a private school in San Diego, California. She was originally from a suburb of Kansas City, Missouri, but the state didn’t allow NIL, so she headed West to a state and school where she could capitalize on what she figured was her NIL value. At La Jolla, Williams signed NIL deals with Spalding, Gym Shark and Move Insoles, generating more than six figures a year. 

How many Oregon high schools have students with similar deals? Who knows?

The existence of some high school athletes’ NIL deals in Oregon is clear, but the OSAA rules have a gaping loophole. Students are required to disclose a proposed contract to their school, but the school is not required to keep a copy or make it available for public inspection. Nor is the student required to notify the OSAA of a contract/agreement or provide a copy of the agreement to the organization. 

That means public high schools, public school students and the OSAA can, and do, stymie efforts to seek disclosure of such contracts. 

Such secrecy, particularly at public schools, is trouble waiting to happen.

The Oregon School Activities Association (OSAA) can remedy that by requiring that student athletes signing NIL contracts provide copies to their schools and that member schools make any NIL contracts entered into by their students public records.

It’s the right thing to do.

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^[1] The following is intended to offer guidance to students, parents, and member schools regarding Name, Image and Likeness (NIL).
A student may earn compensation from the use of their Name, Image, Likeness (NIL) provided that: 

1. (a)  The compensation (or prospective compensation) is not contingent on specific athletic performance or achievement (e.g. financial incentives based on points scored) 
2. (b)  The compensation (or prospective compensation) is not provided as an inducement to attend a particular member school or to remain enrolled at a particular member school (“Undue Influence”). 
3. (c)  The compensation (or prospective compensation) is not provided by the member school or an agent of the member school (e.g. school booster club, foundation, employee, etc.) 
4. (d)  The student-athlete discloses any proposed agreement/contract to the member school at which the student is enrolled and/or participating. 

In seeking compensation for Name, Image and Likeness (NIL):
(a) The student shall not use OSAA or member school marks, logos, insignias in NIL activities. 

• (b)  The student shall not wear apparel or equipment which includes OSAA logos or member school markers and/or logos for the purpose of NIL activities. 
• (c)  The student shall not reference the OSAA or member school name and/or mascot for the purpose of NIL activities. 
• (d)  The student shall not use a member school’s district facilities and/or equipment for the purpose of NIL activities. 
• (e)  The student shall not use school practice and/or game film for the purpose of NIL activities. 
• (f)  The student shall not promote any services and/or products during team activities. 
• (g)  The student shall not promote activities, services, or products associated with, but not limited to,: 
• (i)  Adult entertainment products or services; 
• (ii)  Alcohol, tobacco, nicotine and vaping products; 
• (iii)  Cannabis products; 
• (iv)  Controlled dangerous substances; 
• (v)  Prescription pharmaceuticals; 
• (vi)  Political parties and/or candidates; 
• (vii)  Any product illegal for people under 18; 

(viii) Gambling, including sports betting, the lottery, and betting in connection with video 

games, on-line games and mobile devices; (ix) Weapons, firearms, and ammunition. 

The student and their family are encouraged to seek legal counsel and tax advice when considering NIL activity, along with guidance from their member school. 

NOTE: Compliance with these policies does not ensure maintenance of eligibility under the eligibility standards of other high school state activity associations or entities such as, but not limited to, the NCAA, NAIA, NJCAA etc. Students are encouraged to communicate with those organizations to ensure any activity complies with those eligibility standards.