It doesn't matter the intent, it matters the effect. However, I really feel that the NFHS really really needs to follow the NCAA rules on uniform conformity. You aren't allowed to race like that, but you can't get DQed if you do. At the NCAA level you are supposed to be inspected BEFORE you run, and given the opportunity to correct the issue. You don't get DQed over it.
When engaged in competition, each competitor must wear an
official team uniform with components governed by these rules or be subject to
disciplinary action. Wearing any part of the official team competition uniform
illegally (that is, top off or intentionally shortened, shoulder straps lowered)
while in the area of competition shall lead to a warning by the nearest official
and a report of uncorrected violations shall be made to the games committee,
referee and offending competitor’s coach.
In Washington State, for example, at the high school state meet they check everyone at the start line before the race. I've seen people have to remove necklaces, ribbons, etc, that dont follow the rules, right there at the line. But no one gets DQed.
The only uniform DQs that should exist are those idiots that take off their uniforms while they are still on the track or in the finish chute in XC.