Medford school board splits on a name, image, likeness rule change

Medford school district will cast its vote in favor of a change to WIAA rules to allow students athletes to profit from use of their name, image or likeness (NIL).

Activities director Ryan Pilgrim came to Monday’s Medford School Board meeting recommending the district vote in favor of the change at the WIAA’s annual meeting in April.

A motion to direct Pilgrim to vote against the measure failed on a tie vote with board member John Zuleger absent. Voting to oppose the change to the NIL rules were Brian Hallgren, Dave Fleegel, Aemis Balsis, and Corey Dassow. Voting in support of the rule change were Don Everhard, Steve Deml, Kurt Werner, and Jodie Nuernberger.

Pilgrim said his intention was to vote in favor of the change, not because he necessarily thought it was a good thing, but because of concerns over potential lawsuits from families of athletes under the 2021 U.S. Supreme Court ruling that opened the door at the college level for student athletes to be compensated. He also said that the legislature has indicated it would pass legislation to force the WIAA to allow student athletes to benefit from their name, image and likeness if the WIAA did not change its rules on its own.

“It is a double-edged sword,” Pilgrim said. Pilgrim noted that with the restrictions being proposed including not allowing the students to receive money from alumni of the school, it would change very little for people in communities such as Medford compared to those in Wausau or Marshfield.

“I don’t buy the lawsuit,” Fleegel said, describing it as being a threat from the national government.

Deml said he could see someone suing on principle, noting that the person would have to have a bank account that was deeper than his own.

“This is crazy,” Hallgren said. “This is absolutely bonkers.”

Hallgren suggested a limitation that has the new rule only applying to athletes who are 18 or older.

Pilgrim said he felt the NCAA name, image and likeness use has gotten out of hand, but explained that the proposed language in the WIAA does not go that far. For example, it does not allow student athletes to hire agents or representation other than their parents.

Hallgren raised concerns that this could create more incentive and avenues for recruiting to create high school “super teams.”

Pilgrim said he did not see this change as being great for Medford athletes just because of the size of the community. “We don’t have the same opportunities as other athletes,” he said, noting the restrictions that would be in place to prevent it from being used.

“It snowballs downhill,” Fleegel said, expressing concern over the changes. “I think it is a slippery slope,” he said.

“Why would you say you can’t make any money like everyone else in the world can?” counterd Everhard. He compared it to talented musicians, actors or those going into modeling who are not restricted from getting paid for their talents or appearance. “I think that is the American way,” Everhard said.

“Everybody has the ability to make money off their name, image and likeness,” Pilgrim said, summarizing the outcome of the US Supreme Court case.

Balsis spoke against the rule change saying that he doesn’t believe there should be any financial interest and that focus should be on academics and not athletics.

“I say let them make money,” Everhard said, supporting the rule change.

Deml said he did not agree with paying high school athletes, but noted that he expected the changes to pass if not now, then in the future.

“Is this language perfect? Probably not,” Pilgrim said, noting that now by the WIAA doing it there is some input and control over it rather than just being forced to accept whatever the state legislature draws up.

“They should work on funding our schools,” Hallgren said of the legislature’s priorities.

“You can disagree, but it is not going away,” Werner said.

In other business, board members:

• Received an update on the referendum projects and the phases. The overall work is projected to currently be about $3.3 million over budget. However, as Fleegel noted, the district had always intended to supplement the referendum dollars with money from the Fund 46 long term savings. Jennifer Polacek, of Wendel Companies, explained the project is in the design process and is about 30% designed so the estimated cost projections are still on the higher side. While the district could cut back on things like the tech ed addition, or classroom additions on the south side of the building to potentially save some money, doing so would reduce some of the efficiencies and upgrades which were the reason for the project in the first place. “Do it right, don’t do it twice,” Deml said.

• Approved changes to policies for filling unexpired terms of office and the drug testing policy. There was no action taken on policies relating to reverting to a prior version of Title IX or with changes to the student retention policy, the district is waiting for recommendation from the company they will begin contracting with for policy review and updates as far as recommended language.

• Received word that educator of the month Donley Niskanen will be formally recognized next month and was unavailable as he continued to recover from illness.