Bartram Trail girls lacrosse champion appealing NIL case to FHSAA's board of directors

In Florida's latest battle over Name, Image and Likeness deals in high school sports, the Florida High School Athletic Association is holding an appeal hearing in the case of a state champion girls lacrosse player.

Ryann Frechette, a 17-year-old junior at Bartram Trail, and her parents will meet with the FHSAA's board of directors via teleconference at 1 p.m. Sunday seeking to overturn an earlier ruling denying her the opportunity to sign a promotional contract with STX, a global sports equipment manufacturer based out of Baltimore.

The FHSAA's sectional appeals committee voted unanimously (7-0) on Dec. 7 not to approve a waiver of Bylaw 9.9.2 (c), which states a student-athlete forfeits amateur status in a particular sport for one year for capitalizing on athletic fame by receiving money or gifts of a monetary nature.

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Frechette has not signed the contract in order to protect her eligibility, her father, Burt Frechette, told the Record. She competed in each of Bartram Trail's first three games this season, victories over Nease, Hagerty and St. Augustine.

"It's an opportunity that's on hold right now, and we're going through the FHSAA process," Burt Frechette said in a phone interview. "I hope it changes. I'm disappointed that it hasn't to this point, but I believe that if you believe in something, you go all the way with it. That's what we're doing."

In its ruling, the committee wrote, "The request is in direct conflict with the Association's Amateurism regulations and, if approved, would impact all member schools. The committee believes decisions of such importance, including NIL, should be decided by the Board of Directors and/or the Executive Director."

Under FHSAA Bylaw 10.5.1, the person or organization making an appeal bears responsibility for the cost "if the finding of the Executive Director or the penalty imposed is upheld." The FHSAA has yet to publicly specify any penalties connected to the case.

"(NIL) is an unknown territory," FHSAA Executive Director Craig Damon told the Record. "It sounds good, it looks good. But the thing you have to look at it when you're setting policies and bylaws is what the unintended consequences are. That's the point where everybody is waiting to see."

The case

Ryann Frechette was offered the contract in early August 2022, Burt Frechette said, and the family learned shortly thereafter via email from Ashton Moseley, the organization's director of eligibility and compliance, that it was impermissible under the organization's bylaws.

On Oct. 24, Bartram Trail Principal Chris Phelps notified the FHSAA that the school would facilitate an appeal on behalf of the Frechette family. Upon learning the initial ruling, Shelly and Burt Frechette wrote a letter to the FHSAA outlining why they believed their daughter should be allowed to sign the contract and compete for Bartram Trail.

Included in the letter were the following arguments:

• Frechette's future college coaches at the University of Florida "see this as a phenomenal opportunity for continued growth and athletic participation."

• The "reward or ceiling" for high-level female athletes is not as high as their male counterparts.

• Ryann can be an advocate for a sport that is on the rise in Florida but behind other states on a competitive level.

• Other states allow for high school athletes to further relationships with outside companies.

• And finally, that none of the opportunities involve the usage of school property, uniforms, logos or anything that would tie the FHSAA to the product.

According to On3 Sports, 25 states and the District of Columbia permit NIL monetization to high school athletes, including limited permission in Kansas and Nevada. Illinois became the 25th state on Dec. 20, 2022.

"As parents, we are in full support of Ryann being allowed to participate with STX," Shelly and Burt Frechette wrote in conclusion. "Not dissimilar to a job, this relationship will keep her focused, allow for greater time management skills while also enabling her to utilize life and communication skills that will be crucial as she enters adulthood."

The deal

According to STX's contract, submitted to the FHSAA, the maximum total compensation equates to $5,000 — $2,000 in product provided, $2,000 in estimated marketing support and a $1,000 product expense account.

Under the terms of the contract, Frechette would be considered a "promotional player" for STX in the capacity that she will provide advertisement and guidance on the development of its elite lacrosse sticks. This will include helping in STX's event model within the United States and attending events, subject to her availability. Frechette would also agree to use STX equipment within advertisements, competition, public appearances and instructional events.

STX's contract requires biweekly social media posts, including Instagram stories, on the company's behalf, using the product and identifying the model(s) in captions. Frechette would agree to the usage and rights of her name and likeness (images, video, etc.) in exchange for the promotional fees paid.

In exchange, STX would provide Frechette with product — including sticks, protective equipment, accessories, bags and apparel — as needed throughout the year. As necessary, STX's product development team would develop and/or refine a lacrosse stick suited to Frechette's "reasonable satisfaction" for use in domestic and international competitions.

Additionally, Frechette would be given an annual product expense account in the amount of $500 and the ability to purchase all STX products at wholesale pricing through a credit card. Discounted rates are provided to the player's immediate family as well.

Per the contract, Frechette can earn social media bonuses, to be disbursed on or around October 1, in the amount of $250 for every 10,000 followers gained on her Instagram account and for 100,000 video views on STX's lacrosse Instagram page featuring the player.

STX, according to terms of the agreement, would also commit $1,000 of marketing and public relations support — in the form of services — to help build Frechette's name and likeness in conjunction with her promotion of the company. This is in addition to STX's planned marketing initiatives throughout the contract.

Not the only instance

Since the NCAA permitted NIL deals starting July 2021, STX has been active in agreements with college athletes. During the summer of 2021, as reported by USA Lacrosse Magazine, STX reached deals with a half-dozen major college players: Nakeie Montgomery and Brennan O'Neill (Duke), Connor DeSimone (Johns Hopkins), Chris Gray (North Carolina), Mitchell Pehlke (Ohio State) and Tucker Dordevic (Syracuse). Many more have followed.

The company has also maintained a strong online presence through ties with major college programs, including Frechette's future school, the University of Florida. For example, a Feb. 2 Instagram post from STX's corporate women's lacrosse account (@stxwlax) shows a video tutorial with Gators sophomore attacker Emma LoPinto, who describes herself as an "@stxwlax athlete."

It's not clear how many high school athletes may have signed with STX, but Frechette's proposed deal appears not to be unique.

On Jan. 26, STX's women's lacrosse account posted a message: "Welcome to Team STX @lexi.reber9!!" That post refers to Lexi Reber, a high school junior at Baltimore's Bryn Mawr School who has committed to Syracuse. Similar posts since the start of November have welcomed Carson Didden, a junior at Summit (N.Y.) Oak Knoll who has committed to Notre Dame; Hannah Rudolph, a junior at Olney (Md.) Good Counsel and a Northwestern commit; and Riley Zusi, a junior at Huntington Station (N.Y.) St. Anthony's and an Ohio State commit.

Frechette returned from a February 2021 ACL tear and was named the Volusia-Flagler-St. Johns Girls Lacrosse Player of the Year as a sophomore. She led the Bears with 94 goals, 52 assists and 134 draw controls, helping the team go 22-3 and capture the FHSAA Class 2A state championship.

A two-time USA Lacrosse All-American, Frechette committed to the University of Florida in September.

Sunday's appeal hearing comes amid a swirl of ever-changing regulations on NIL arrangements both in Florida and nationwide, often varying sharply from state to state.

In Florida, Gov. Ron DeSantis signed House Bill 7B on Feb. 16, a law that amends the state's NIL rules for college athletes and lessens several restrictions on universities that are involved with NIL arrangements. The bill passed the Florida House 113-0 and the Florida Senate 34-0. However, House Bill 7B's provisions govern only "intercollegiate athletics" and "postsecondary educational institutions," and do not apply to high school athletes like Frechette.

"There hasn't been a whole lot of talk with NIL, at least pushing it forward coming from schools in our membership," Damon said. "We're not quite ready to jump out there, at least none of the membership is presenting anything as far as a policy change."

While the FHSAA has opposed the spread of NIL to high school, both under Damon and his predecessor, George Tomyn, the Georgia High School Association is considering a revised stance that could take effect fewer than 50 miles from Bartram Trail.

During January's meeting of the GHSA board of trustees, meeting minutes record, executive director Robin Hines said that with more than 20 state associations approving rules for NIL, Georgia should prepare similar rules "in the very near future." Hines told the trustees that the GHSA plans to prepare a proposal for the state executive committee for April's meeting.

Frechette is not the first high school athlete to end up at odds with the FHSAA over NIL issues.

In January 2022, Miami Westminster Christian baseball infielder Sal Stewart filed a class-action lawsuit against the FHSAA, the NCAA and the National Federation of State High School Associations. The lawsuit claimed restraint of trade, citing FHSAA policies that stopped Stewart from an NIL agreement with a Coral Gables-based medical technology business, LifeWallet.

Stewart eventually signed for more than $2 million with the Cincinnati Reds after his selection in the first round of the 2022 MLB Draft. The legal case, which according to FHSAA records no longer includes the NCAA or NFHS, is currently under appeal.

This article originally appeared on The Daytona Beach News-Journal: High school lacrosse: Bartram Trail's Ryann Frechette appealing NIL case to FHSAA board of directors