PIERRE — South Dakota High School Activities Association member schools will vote on a constitutional amendment that delineates in detail the association’s rules governing the use of name, image and likeness for students who have monetized their social media presence.
Running afoul of the NIL rules can result in the loss of an athlete’s amateur standing for a year.
The topic was discussed at the SDHSAA annual meeting Wednesday, April 17 in Pierre.
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The association’s constitution currently reads that students will be ineligible if they receive “remuneration for the use of their name, picture and/or personal appearance as an athlete in the promotion of a commercial or profit making event.”
SDHSAA Executive Director Dan Swartos, who would have to rule on an athlete’s eligibility, said “as an athlete” is “very broad.
“There’s not a whole lot to go off of” as it pertains to determining if an athlete broke the rules, he said.
While students earning money on their name, image or likeness on social media are most often found at the college level, Swartos said he has had some inquiries from the parents of high school athletes about the association’s NIL rules.
The amendment serves to clarify the rules for high school athletes who seek to get paid for the use of their name, image and likeness. According to the amendment, the social media activity of the athlete must not:
- Interfere with academics.
- Be tied to athletic performance such as pay to play.
- Induce the athlete to attend a particular school.
- Receive payment from the school or agents of the school like booster clubs or foundations.
- Use SDHSAA or a member school’s marks or logos.
- Use the school’s name, mascot or uniforms.
- Promote or endorse activities associated with alcohol, tobacco, vaping, controlled substances, gambling, banned athletic substances or other illegal substances or activities.
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The association also advises international students to consult U.S. visa and immigration rules. Students and their families are advised to seek legal counsel and it is up to them to make sure that their NIL participation does not jeopardize the student’s college athletic eligibility.
To be approved, the amendment will need a yes vote from 60% of the schools that vote.
Nine people up for two spots on SDHSAA board
There are nine people nominated for two positions on the South Dakota High School Activities Association Board of Directors.
The nominations were made during the April 17 annual meeting.
Five superintendents were nominated to fill the West River at-large position on the board. They are Chris Long of Lyman, Kelly Daughters of Faith, Erik Person of Lead-Deadwood, Mark Naugle of Custer and Cory Strasser of Rapid City.
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That board position is currently held by board Chairman Kelly Messmer of Harding County.
Four athletic/activities directors have been nominated for the Native American school representative on the board. Candidates must be from a high school that has at least a 50% Native American student population.
The candidates are Charles Wilson of Todd County, Rich Crow Eagle of Tiospa Zina, Francis Big Crow of Lakota Tech and Tre’Voun Buffalo of Wakpala.
That board position is currently held by Dani Walking Eagle of St. Francis Indian School.
To earn a place on the board, a candidate must receive a majority of the votes cast by member schools. If no candidate can hit that benchmark, the two with the highest vote totals will compete in a runoff election. All member schools may vote on board members.
New board members will serve five-year terms that start on July 1.