On Thursday, May 8th, Que Tucker, commissioner of the North Carolina High School Athletic Association sent the following memo to member schools about the Name, Image, Likeness Policy:
Since the 2023 NCHSAA Board of Directors’ Spring Meeting, we have received several inquiries relative to Name, Image, and Likeness (NIL). As we have shared, we are in a holding pattern until further notice from the N.C. State Board of Education.
The NCHSAA believes every student-athlete has the right of publicity based on their unique name, image, and likeness. The NCHSAA Board passed draft policy with the hope that State Board would adopt language in a State Board Rule for student participation. The language was sent to the State Board prior to the NCHSAA Board meeting as well as after the meeting.
We have been told by the State Board legal staff that, without specific legislative authority for emergency rule-making, the State Board is unable to act on adding an NIL provision to proposed eligibility rules in a way that would make them effective for the upcoming school year. The standard rule-making process is lengthy and generally takes six months to a year to complete. The State Board is currently considering a proposed rule on many eligibility issues, which will likely include a consideration of NIL issues, but again, without specific legislative authority this cannot be done quickly. As such, we are unable to provide guidance to member schools to help student-athletes and their parents/legal custodians navigate NIL opportunities, and at the same time retain NCHSAA athletic eligibility and amateur status.
Until further notice, continue to advise student-athletes and parents by following the Amateur Rule as stated in the current NCHSAA Handbook.