Michigan Moves: MHSAA Permits High School NIL / Personal Branding Agreement Activity

Michigan has officially stepped into the new normal of High School Name, Image, & Likeness.

This past week, the Michigan High School Athletic Association (MHSAA) became the 46th state high school athletic / activity association (not the 46th state - there’s a MAJOR difference there), as it officially approved expanded Name, Image, and Likeness language that allows high school student-athletes to engage in NIL activity using their Personal Branding Activity, or PBA.

And for those of you that have been involved since the initial discussions of college NIL circa 2019 (I know, it was a long time ago, and most weren’t because our meetings were really small), the definition and idea of permitting NIL activity back then was solely introduced to allow student athletes the same Personal Branding Activity rights as other students.

From there we’ve watched the “Personal Branding” experts literally swarm the scene the past few years, with many not having a real clue what High School NIL policy OR application truly looks like.

And just for a historical lesson for those that didn’t know, Triple Threat Leadership, LLC started in 2016 focused on Personal Branding Education, providing more than 300 presentations in it’s first two years - well before people cared or created this distorted idea that Personal Branding and NIL activity are the same thing / focus / whatever you want to call it…. alright - soap box over and back to Michigan.

When you look at the move of the Mitten State’s HS Association move from an external, surface level view, it would seem like they just decided to suddenly “embrace HS NIL Activity”, but in reality, they have traveled down a very similar path to that of North Carolina and Ohio, which are the only other states that now permit HS NIL activity whose policies were ultimately pushed forward into approval from a lawsuit filed by student-athletes families.

This is the new normal. Whether we like it or not.

Let’s be honest. Michigan did not choose this moment as much as it was pushed into it.

They didn’t choose the timing.

When you dig into the Michigan timeline, a lawsuit involving Harper Woods put the MHSAA squarely in the crosshairs.

The core issue was simple:

restricting NIL opportunities while the broader marketplace already exists creates legal risk,

and state associations can’t manage that risk anymore. When families work very hard (through legal means) to demonstrate harm or unequal treatment, associations lose leverage quickly.

You can watch the video here: https://www.fox2detroit.com/video/fmc-z8kobcfmtwu0lyfp

Now - I’ll be honest, when you listen to the “reasoning” from Mr. Woods, I worry about his understanding of what NIL activity at the high school level really means in practice, but, I’ll give him the benefit of the doubt at this moment.

But doesn’t this sound familiar?

Ohio just this fall went through a very similar reckoning.

The Ohio High School Athletic Association (OHSAA) membership adjusted course following legal pressure from the family of one of it’s high profile student-athletes (who apparently is now transferring schools? Eek?!).

The North Carolina High School Athletic Association was sued by highly touted football recruit Faizon Brandon’s Mom in 2024, and ultimately, lost much more than they thought they would in the process. Too much to unpack there, but let’s just say politicians got involved in NC who were not happy about the approval of NIL at the HS level, and in essence passes legislation that significantly stripped the NCHSAA of much of it’s authority over high school athletics, transferring oversight to the NC State Board of Education.

Again - another Eek!!?!

In all 3 states, the message from the legal side seemed to be: blanket restrictions do not hold up when NIL activity already exists in the real world.

This is not a Michigan story. This is a national pattern.

The MHSAA updated NIL/PBA language expands what student-athletes can & can’t do by adding specific governance regulations through a modification to it’s Regulation I, Section 11 C - Amateur Status / Awards….., AND also includes strong limitations clearly outlining specific elements / takeaways that schools & families need to understand to ensure SAFETY & COMPLIANCE!

You can check out the entire MHSAA policy language here, or visit the MHSAA NIL homepage (which is actually quite well done! - Ohio take note).

It’s important to realize that Michigan is very clear in their language from the onset that student-athletes are able to monetize through Personal Branding Activities regardless of whether the activities relate to athletics, except for the limitations it explicitly sets forth. (Which again, are pretty good in my professional opinion.)

The MHSAA policy language contains the typical restrictions such as:

• No School IP usage (name, logos, mascots, obvious identifiers, or implication that any member school approves or endorses the PBA - that last part is pretty key in application).

• No use of School facilities or property in association with PBA compensation

• Schools, or “associated entities or individuals” may not be involved in the FACILITATION of, or provide / arrange / (directly or indirectly) any PBA compensation. (this is actually really good language here!)

• NIL cannot be used as an inducement for enrollment (or to remain enrolled) at a particular school - (which they connect to their undue influence language in Regulation I - Section 10)

In other words, opportunity exists, but structure and due diligence still matters because the MHSAA is doing a solid job of SEPARATING NIL activity and interscholastic athletic participation… which is the entire GOAL of implementing a policy in the first place at the state association level!

That understanding of high school NIL being SEPARATE is where most people get tripped up, which is often due to the complete opposite thing happening at the College Level.

This is where leadership matters in my opinion.

It’s not about this upsetting your apple cart on a daily basis, but rather, asking the right questions to keep the school and school stakeholders safe and compliant in this new normal.

Questions such as:

• Do we have clear internal guidance and education for administrators and coaches?

• Are our student-athletes and parents educated, not just informed?

• Do we understand the compliance difference between school involvement and student activity, and the gray areas related?

• Do we have a plan for documentation and ensuring we’ve clarified our policies internally and externally?

And whether a school administration believes in NIL or not, silence and avoidance are no longer safe strategies.

For families, the biggest risk right now is moving faster than their understanding.

• Disclosure expectations

• Contract literacy

• Tax implications

• Social media behavior

• Eligibility risk tied to mistakes, not intent

NIL at the high school level is not about chasing deals, it is about protecting eligibility while navigating opportunity. And sometimes that opportunity is a good thing, and sometimes it’s not.

Michigan High School Educational Based Athletics has entered a new phase, and there is no rewind button.

The schools who will LEAD in this environment are the ones who:

• Educate early and often

• Communicate clearly

• Focus on Compliance and Safety, not fear

• NIL education for coaches, staff, families, or student-athletes

• Policy-aligned resources focused on compliance and protection

• Presentations or workshops tailored to your state association’s regulations

Please don’t hesitate to reach out. The schedule is filling up, but I’ll do whatever I can to support you.

I’m always here to help schools navigate this space the right way…. with EDUCATIONAL based athletics at the center and integrity leading the way.

— Doc G

Dr. Scott Grant, EdD, MBA, CAA
Founder & CEO, Triple Threat Leadership | NIL-Education.com
📧 scott@triplethreatleadership.com | 📞 419-306-3002
🌐 www.NIL-Education.com