NIL Deals Are Now Open to Students

by Perri Williams ‘23

On December 7, the Maryland Public Secondary Schools Athletic Association (MPSSAA) issued guidance for how student-athletes may engage in monetary compensation from the use of their name, image and likeness (NIL). Although the biggest NIL deals are reserved for high star recruits receiving offers from major Division I programs, NIL contracts already are spreading to a larger pool of high school athletes. This creates opportunities for high school athletes, but it also makes monitoring and enforcement of the new MPSSAA rules more challenging.

Just a few years ago, none of this would have even been possible, because the National Collegiate Athletic Association (NCAA) refused to allow its college athletes to make money because it was presumed their education was their compensation. Then in the 2021 Supreme Court case Alston v. NCAA, the court ruled that athletes should have the opportunity to monetize their NIL. The court’s reasoning for this decision was, “…[the NCAA’s] rules limiting education-related compensation violated section 1 of the Sherman Act,” because college athletes gain no monetary compensation for their participation in a venture that makes revenue for their schools and other organizations.

The sportswear brand Aftermath Sports has taken advantage of the MPSSAA ruling to create branding opportunities with athletes through the local area. “I saw that Aftermath Sports was looking for brand athletes. I messaged them for the opportunity; they explained their system to me and I joined,” said sophomore Michael Robles, who is a starting offensive tackle for varsity football.

Junior receiver Alex Lacey also has a deal with Aftermath Sports. “Being a brand athlete helps me get my name out more so different companies see it. It also provides a way to make money and get gear,” he said.

Andrew Fields, Sherwood’s varsity football coach, thinks it is a good opportunity that student-athletes can now have NIL deals and is not concerned about such deals adversely affecting a team. “I don’t think it would have any impact on team operations,” said Fields.

Aftermath Sports asks interested high school athletes to initiate contact with the company. Those athletes receive an “Aftermath” advertisement along with promo code specific to each athlete. The MPSSAA has strict rules that student-athletes cannot make any reference or display to their school in their sponsored partnerships, which is why Aftermath blots out or colors over the high school names and logos on uniforms and helmets in their advertisements. Although NIL deals potentially could be lucrative, they also come with risks, including the loss of eligibility, if the student-athlete or the company run afoul of MPSSAA rules