NFHS Voice: Amateurism Benefits

October 9, 2019

By Karissa Niehoff
NFHS Executive Director

While we addressed a number of important issues with our member state associations at section meetings the past month, perhaps none of the topics are as significant as the tremor that occurred in California on September 30 – the signing of the “Fair Pay to Play Act” by California Governor Gavin Newsom.

Although there are more questions than answers at this point, this ruling would allow college athletes in the state of California to make money from their name, image and likeness through endorsement deals, sponsorships, autograph signings and other opportunities. The legislation is due to take effect in 2023.

Obviously, the NCAA opposes this legislation and is working through its governance structure to address the issue. As Mark Emmert, NCAA president, told the Indianapolis Star, “for all intents and purposes, athletes become employees of the schools. This is just a new form of professionalism and a different way of converting students into employees.”   

And since it would not work for athletes in one state to be receiving money legally while athletes in the other 49 could not, a national bill similar to California’s is already being considered by U. S. Representative Anthony Gonzalez of Ohio.

Needless to say, the NFHS and its member state associations oppose the California ruling as it could further erode the concept of amateurism in the United States. At the high school level, current issues with parents pushing their kids into specialization in the fight for scholarships would only be exacerbated as they considered the “best offer” from colleges.

In the aforementioned Indianapolis Star article, Emmert noted the following: “Under the California law, there would be complete elimination of all of those rules (regulations related to shoe companies). It would also include the use of agents in that process and the agent could represent high school students.” 

There is nothing more sacred and fundamental to the past – and future – history of high school sports in the United States than the concept of amateurism. While this California ruling addresses college sports directly, it undoubtedly would have an impact on sports at the high school level as well. 

The signing of the “Fair Pay to Play Act” comes on the heels of the Alston v. NCAA case earlier this year in which a federal judge in California found the NCAA’s scholarship rules to be illegal – to a point. The NFHS filed an amicus curiae brief in support of the NCAA noting the following:

“Amateurism in athletics is not only valuable for its own sake, but also is a key aspect of a well-rounded education. The NFHS is concerned that the district court’s opinion does not fully appreciate either the concept of amateurism or the many benefits it brings to college and high school sports – and to American sports in general.

“... If amateurism were to give way to professionalism at the collegiate level ... high schools would struggle to fulfill their ultimate goal of preparing large numbers of well-rounded individuals for futures beyond athletics. … The NCAA should be afforded the freedom to define amateurism in a way that preserves the ideal of the student-athlete in higher education which would protect important values of education-based sports at all levels.”

The NFHS will continue to support the NCAA in its efforts to preserve amateurism as it is our belief that paying student-athletes – whether it is in the form of selling one’s name, image or likeness, or whether it eventually becomes a paycheck – will erode the spirit of sport at all levels in this country.

Dr. Karissa L. Niehoff is in her second year as executive director of the National Federation of State High School Associations (NFHS) in Indianapolis, Indiana. She is the first female to head the national leadership organization for high school athletics and performing arts activities and the sixth full-time executive director of the NFHS, which celebrated its 100th year of service during the 2018-19 school year. She previously was executive director of the Connecticut Association of Schools-Connecticut Interscholastic Athletic Conference for seven years.

Century of School Sports: Why Does the MHSAA Have These Rules?

By Geoff Kimmerly
MHSAA.com senior editor

September 18, 2024

MHSAA administrators are two trips into their annual seven-stop fall tour that has become a tradition during nearly half of the Association’s “Century of School Sports” – and this year, a focus has been on answering a key question at the heart of educational athletics since long before the MHSAA was formed during the 1924-25 school year.

The MHSAA’s Update meeting series is in its 47th year and includes half-day conferences in seven locations – generally in the Kalamazoo, Metro Detroit, Grand Rapids, Saginaw, northern Lower Peninsula and mid-Michigan areas, and at Northern Michigan University in Marquette. The six Lower Peninsula sessions begin with an athletic director in-service during which MHSAA assistant directors explain recent rules changes and discuss challenges our administrators face on a daily basis (with Upper Peninsula athletic directors participating in a similar in-service during the spring).

Those in-services are followed by a session with executive director Mark Uyl, who speaks to athletic directors, superintendents, principals and school board members on a variety of topics including the MHSAA’s current objectives and ideas for the future, while also reinforcing the longstanding values that remain the bedrock of our daily work.

And that leads to the question he’s presenting across the state this fall:

Why does the MHSAA have these rules?

Frankly, the answer goes back to the beginning of school sports in Michigan – all the way back to 1895, when the first MHSAA predecessor organization was formed.

The first MHSAA Representative Council president Lewis L. Forsythe explained in his book “Athletics in Michigan High Schools – The First Hundred Years” how regulations always have been necessary:

“Eligibility rules are a necessity in interscholastic competition. It was common acknowledgement of this fact that led to the first State inter-school organization in 1895. The rules at first were few, simple and liberal. But with the passing of the years they came to be more numerous, more complex, and more restrictive, again through common acknowledgment of desirability if not of necessity.”

That necessity – and the reasoning behind it – has not changed.

Two main points explain why rules are absolutely imperative for educational athletics to thrive.

► 1. Participation – through providing as many opportunities as possible for students to play – has been the mission of school sports since their start. Rules contribute to the value of participation.

If there are requirements for children to participate in athletics – for example, an academic standard or rules that dissuade students from switching schools every year – then school sports programs mean more to all involved.

If we raise the bar, raise the standards of eligibility and conduct, we raise the value of our school sports programs. If we lower the bar, we lower the value of being part of school sports – because without rules, contest results are meaningless, and the value of participating is diminished.

► 2. We have rules where the stakes are higher, and agreement is lower – because where the stakes are highest, there is the greatest tendency for some people to try to gain an unfair advantage, and the greatest need for rules to curb possible dishonest activity.

This statement goes to the heart of the history, rationale and application of MHSAA rules. Obviously and simply put, school sports mean a lot to those who take part, and that significance is high enough to stoke disagreement – and we need rules to govern those disagreements. We have the most rules for high school sports, where championships are at stake and the possibility of disagreement is greatest.

***

Finally – and perhaps providing the strongest reinforcement of the two points above – is this:

Schools choose to make MHSAA rules their own.

Quite literally, school districts vote annually to be part of the MHSAA – and confirming this voluntary membership comes with the requirement to follow all MHSAA rules.

When schools challenge our rules, they literally are seeking to break the rules they already have committed to uphold.

These rules, and this commitment, are the strength of our organization across 752 member high schools and several hundred more middle schools and junior high schools. They have been constructed on a century of precedents and after considerations by representatives of those same member schools – representatives those schools have voted to elect every school year during the MHSAA’s history.

Previous "Century of School Sports" Spotlights

Sept. 10: Special Medals, Patches to Commemorate Special Year - Read
Sept. 4:
Fall to Finish with 50th Football Championships - Read
Aug. 28:
Let the Celebration Begin - Read