Challenges of NIL and Recruiting in High School Sports

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Policing sports in the era of Name, Image, and Likeness (NIL) and street agents is becoming increasingly difficult, especially at the high school level, says a spokesperson from the Kentucky High School Athletic Association (KHSAA). NIL has made its way into high school sports, affecting how athletes, agents, and schools operate.

The KHSAA oversees sports for 289 member schools across Kentucky, involving over 100,000 student-athletes. One of those athletes was Precious Sam, a talented basketball player and college prospect from Ghana. Sam, standing at seven feet tall, played varsity basketball during the 2023-2024 season for both Ballard High School and Eastern High School. However, how Sam—a foreign student—was able to enroll and play at these schools remains unclear.

Only schools certified by the Student and Exchange Visitor Program (SEVP), under the U.S. Department of Homeland Security, can enroll students with F1 student visas. None of the schools in Jefferson County Public Schools (JCPS), including Ballard and Eastern, are SEVP-certified.

When asked about Sam’s enrollment, JCPS officials stated they do not release student information without parental or guardian permission and that federal law prohibits public schools from asking about students’ immigration status. This explanation doesn’t clarify how Sam was eligible to play basketball within the JCPS system.

According to KHSAA rules, students who transfer between schools cannot play varsity sports for a year unless a waiver is granted. Despite this rule, Sam transferred between two varsity programs—Ballard and Eastern—during the same season. The KHSAA confirmed they were not asked to make any rulings on Sam’s eligibility to play at either school.

After his time in Kentucky, Sam moved to AZ Compass Prep School in Arizona to continue developing his basketball skills. There, he has already received scholarship offers from colleges like Florida State, Missouri, and Arizona State. His current legal guardian, Brandon Bender, is overseeing Sam’s journey, but this guardianship is being challenged in family court in Louisville.

Bender has a controversial past. A former standout basketball player at Ballard High School and the University of Louisville, Bender left the team after his freshman year and later faced legal issues. In 2007, he pleaded guilty to credit card fraud in Louisville. He was also found liable for fraud in California in 2018, after falsely claiming to represent NBA star Jaylen Brown.

Bender’s involvement in recruiting has raised eyebrows, as he’s been linked to “street agents”—individuals who act as middlemen in recruiting young talent. These street agents operate in a gray area of sports where official regulations often don’t apply. The KHSAA admits they have little power over such individuals since they aren’t directly part of the schools or teams.

With the rise of NIL deals, more agents are getting involved with high school athletes, hoping to profit from future contracts or finder’s fees. This creates additional challenges for regulatory bodies like the KHSAA. As KHSAA Commissioner Julian Tackett explained, “Where there are people doing things the right way, others will try to cut corners.” Tackett noted that NIL has only intensified the situation: “There was a small fire, and NIL throws gasoline on it.”

As for Precious Sam’s future, it’s still unfolding. While he continues to develop as a basketball player far from home, the exact plans that Bender or others may have for him remain uncertain.

Sam’s story is one of many that reflect the changing landscape of high school sports in the NIL era—a world where young athletes are increasingly caught between talent development and financial interests.

  • Priyanka

    Priyanka works in NYC as freelancer editor for one of the famous entertainment news blog.

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