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From the Bench: Talking with WVSSAC Head Wayne Ryan, BHS Athletic Director Tom Sears on NIL Rule

By Jeff Toquinto on August 17, 2025 from Sports Blog

When first reading of the West Virginia Secondary Schools Activities Commission announcement that student-athletes at the high school and middle school level would be permitted to receive compensation from their name, image, and likeness (NIL), I just shook my head.
 
Not because it was totally surprising, but rather because we are at this point. A point anyone paying attention could see coming from a mile away.
 
This is the latest in a string of sad situations involving prep sports, and I guess middle school too, in West Virginia. As I go forward, some of the rationale for what transpired is spelled out by those involved. The points, whether agreed with or not, are valid. And the move can be argued that it is more of a safeguard of regulations as opposed to the endorsement of NIL.
 
Before getting started, on this blog, everyone needs to understand that the WVSSAC as most know – Executive Director Wayne Ryan and the folks in Parkersburg – are like those who work for elected bodies or perhaps a board of education. Those folks at the WVSSAC, the ones taking the criticism, did not create this policy. The WVSSAC day-to-day workers in Charleston are like educators - they are enacting the policy created by those who have the power to do so.
 
With that in mind, I opted to call Ryan to discuss it. One of the first things I asked was who created the policy? As many know, the West Virginia Legislature has put its hands into WVSSAC matters way too often and mandate policy, usually with disastrous results.
 
Typically, the group that makes the calls is the WVSSAC Board of Control followed by approval of those moves by the West Virginia Board of Education. That was the case here. The state BOE is an appointed body. The Board of Control are the real bosses of the WVSSAC – essentially every principal in the state.
 
Ryan said this was voted on as a proposal by the Board of Control and then approved by the State BOE. It was, he said, “proposal 28” that was voted on at an early April 2025 meeting. It passed 140-0.
 
The voting total was a red flag for my thought process. Certainly, 140 principals, or their proxies, could not be that wrong. Ryan helped clear my line of thinking and then I contacted Bridgeport High School Assistant Principal and Athletic Director Tom Sears who represents the school and Principal Renee Mathews for BHS, which is fairly standard.
 
Sears talked about the situation. He talked about how it was proposed.
 
“The proposal that was voted on unanimously was actually stating that students were prohibited from making money off of high school athletics,” said Sears. “They can’t use the school’s name, logo, can’t be in a school uniform, can’t take a business logo and put it on a school uniform.
 
“The proposal, and this was our interpretation, was actually put into place to protect the amateur status of high school athletes,” Sears continued. “… That was done to make sure kids would not make money off of the high schools they attended.”
 
Ryan matched the "amatuer status" comments of Sears. He said it is part of protecting what is in place.
 
“There were already so many pushes, so many gray borderline things on its way that we thought having a policy in place was the best way for our schools to protect our athletes,” Ryan said.
 
If you look at the regulations of the proposal approved, it is not just regulated but super regulated. You can read the regulations HERE. Ryan added that these regulations could be changed because it is “unchartered waters.”
 
Why bother if, by regulation, the schools cannot be part of representation in an NIL deal?
 
“It’s a reality that NIL in the country is common, even in high school. We needed to get ahead of it,” said Ryan. “If the athlete is compensated for name, image, and likeness, they cannot benefit by their association to the school through promoting it with the school’s name, logo, or anything of that nature. Essentially, they’re getting paid for their (NIL).”
 
Sears said he agreed with Ryan’s assessment 100 percent.
 
“This is, in fact, getting out in front and ensuring that kids are not using their notoriety on a high school athletic team as a way of generating monetary gain from the school in which they attend,” said Sears. “The general public needs to understand that this is not a proposal that allows kids to make money as much as it is a proposal to protect high school athletics in the state of West Virginia.”
 
You can agree with that, or you can disagree. Here is what is hard to disagree with. If this was not put in place, an NIL situation was going to present itself in West Virginia, if it already hasn’t. Multiple states allow NIL for student-athletes. And there is in many other states, state court precedent that it is legal – but there does not appear to be any federal rulings at the prep or lower level. Somewhere along the line, it will likely be challenged federally.
 
Would a prep NIL federal legal challenge succeed in being banned where college sports failed?
 
“It would just be speculation on my part, but NILs are fairly common, even in high school athletic associations, so I think (court cases) are somewhat individualized, so we set up a framework and guidelines,” Ryan said.
 
This is not speculation on my part. The entire situation is sad. Actually, whether you agree with Ryan and Sears or not, it is closer to pathetic that we’ve reached this point.
 
Try to fathom a 15-year-old with a parent, or an agent (yes, that’s happening in other states) at the negotiation table making a deal for cash. Imagine some youngster actually getting an NIL deal and bragging to his teammates about it. Think that might create dissension in an environment set up for learning and growing as a young adult? Think it might be a distraction?
 
You do not have to search long on Google to find NIL deals are in place for prep standouts in other states. Sports Illustrated reported a two-year deal for a North Carolina quarterback for $1.2 million. And that came after the court system ruled in favor of the quarterback’s family as opposed to the school system that said no to it happening.
 
While I do not think there will be a flood of NIL deals because, let’s face it, most people have no clue who a name is outside of the school or community without showing what they do and how they do it for, NIL opens the door for problems.
 
When legislators opened up the transfer portal in the "interest of fairness," it did what everyone knew it would do – created a fiasco with kids not just transferring, but families up and leaving communities to do it. And just the mentioning of NIL being legal could have overzealous parents, fans, and others – and if you have been to any game in the past 30 years you know they exist – looking to sweeten a pot for a kid to transfer. If the deal just happens to come after a transfer, well, it is all nice and legal. And that is just one scenario.
 
This whole thing stinks.
 
“It’s really sad where we are, and I appreciate the folks in Parkersburg trying to get out in front of what West Virginia high school athletics have,” said Sears. “It’s just sad. It’s not just the NIL, it’s the transfer rule and the culture we are creating with our high school athletes that is eliminating the things that were so special to you and I.”
 
“It used to mean something to put a uniform on and wear the colors of the school because you were playing for your family, you were playing for your community and school pride. That meant something, and I think in most places it still does,” Sears continued. “At the same time, you see a lot of that disappearing.”
 
And he was not finished.
 
“It used to mean something for everyone to wear the school uniform and for those seeking to get money from it, this new SSAC policy won’t allow you to wear that uniform,” he said. “This is an effort, which is sad to have at this point, to preserve what it means to wear your school’s uniform.”
 
The dollar has ruined a lot of things athletically – starting with, but certainly not limited to, college sports. In college, it has destroyed rivalries, conferences, loyalty, and now sees teams essentially redoing rosters every year as players leave to legally chase money. The beginning of the end came a long time ago, but we are just a lot closer to the actual end as opposed to the beginning of it.
 
“You have to remember that in some places around the country we got high school football coaches that make $200,000,” Ryan said. "Think about that."
 
That is another sad statement. In this case, it is one of too many.

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