Pathway Sports sets sights on maximizing returns for players in college football video game space
Casey Schwab’s background doesn’t exactly scream “gamer.” A Wisconsin graduate with a law degree from Southern Cal, Schwab’s career has included stops at NFL Network, Fox and, eventually, the NFLPA, running business and legal affairs for NFL Players Inc. He followed all that by founding Altius Sports Partners in 2020 amid the advent of NIL. […]
A Wisconsin graduate with a law degree from Southern Cal, Schwab’s career has included stops at NFL Network, Fox and, eventually, the NFLPA, running business and legal affairs for NFL Players Inc. He followed all that by founding Altius Sports Partners in 2020 amid the advent of NIL.
So, how and why, with a CV like that, is Schwab’s latest venture centered on, of all things, video games?
“There’s a lot of uncertainty [in the college space] around revenue sharing, the [House] settlement, employment status — or not employment status — collective bargaining,” he said. “But there’s not a lot of uncertainty around the commercial opportunities for college football players when it comes to video games.”
That clarity is why Schwab has moved on to a new venture — Pathway Sports and Entertainment.
Pathway’s business model is simple: The company aims to develop a video game group license for college football players by offering individual upfront payments of $1,500.
The real potential comes as those players signed on with Pathway could earn further compensation, should the group license subsequently be sold to a developer such as Electronic Arts, at which time players would receive no less than 70% of the net royalties.
So far, that pitch has been heard loud and clear.
Pathway has signed more than 2,700 players across the Power Four, just under half the total scholarship athletes at that level. That includes inking deals with at least 75% of the rosters at Alabama, Baylor, Texas, Georgia, Tennessee, Oregon, Nebraska, Wisconsin, SMU, Washington, Texas Tech and South Carolina, among others.
“It’s incumbent on us to perform,” said Eric Winston, president of Winners Alliance, the firm backing Pathway financially. “We’re not telling college players, ‘Hey, trust us,’ or ‘There’s a hope and a prayer and we’ll see what we can do.’ We’re out laying capital to these players so that they’re no worse off than the baseline — and we still believe that we can do multiples of that baseline better over time.”
The college football video game ecosystem exists in a relatively monopolistic state — opening the door for a disrupter such as Pathway.
EA, which declined to comment for this story when reached by Sports Business Journal, signed more than 11,000 athletes in relaunching its college football franchise last year via EA Sports College Football 25.
Those deals are technically individual and nonexclusive, though the majority of those athletes are also part of a group licensing agreement with OneTeam, which handles player payments and other responsibilities related to the game.
Pathway’s approach, albeit more aggressive, is essentially betting if it can sign enough players, developers would haveto buy its group license in order to maintain a certain level of user experience.
After all, would the lone major college football video game sell to its maximum potential without half the players in the Power Four?
“There have been some headwinds,” Schwab conceded. “There’ve been some people who are confused by what we’re doing. There are some people who are challenged by what we’re doing. All of those are to be expected and, frankly, welcomed when you’re trying to disrupt and innovate and do something new.”
The announcement dropped like a hopeful hammer.
“For those who never stopped believing…” the post from EA Sports College’s X account read on Feb. 2, 2021, confirming the return of a college football video game.
While it was three more years before users had a downloadable game in front of them, EA Sports College Football 25 has since become the bestselling sports video game of all time, according to Circana (EA has not disclosed its exact sales figures).
“I was expecting it to debut as the biggest college football game in a launch month,” Mat Piscatella, Circana executive director, video games, told SBJ last year. “But I did not expect it to more than triple the lifetime dollar sales of the previous bestselling game [NCAA Football 07].”
For what massive success the revamped franchise has enjoyed after a decade-long hiatus, there has been ample consternation over athletes’ compensation related to their inclusion in the game.
The initial wave of onboarding real players into EA Sports College Football 25 — a significant shift from past iterations, given restrictions around NIL at the time — was done via a joint effort by EA, Learfield and OneTeam Partners.
Players were offered a flat payment of $600, regardless of position or school, along with a copy of the game for either PlayStation or Xbox. Cover athlete and “Ambassador” deals also were struck with a select number of athletes (terms of those deals have not been made public).
The issue Pathway intends to rectify: The upfront cash paid to players reflected neither their value to the game nor offered them a stake in how well it sold.
“Whether it‘s EA, whether it‘s whomever, we really think that we can bring value into a place that, quite frankly, players have not received it yet,” Winston said. “That just comes back to that core premise of why we’re doing this.”
Pathway’s efforts aren’t entirely novel, considering the machinations entailed in launching EA Sports College Football 25. But the backing behind Pathway, its key players and the group’s early returns are significant enough to merit notice.
The company’s three-person leadership team includes Schwab, former Georgia NIL collective frontman Matt Hibbs and Bob Philp, a longtime sports marketing executive most recently at CAA and Roc Nation. It also added Sami Robbins, who’d been managing college NIL partnerships at OneTeam, as its new director of college.
“Between myself, our investors and our operational team, we have quite literally decades of experience of structuring those deals, monetizing those deals, maximizing those deals for the athletes,” Schwab said.
In all, signing every scholarship player at the FBS level (134 schools) using Pathway’s $1,500 baseline could cost more than $17 million, or around $127,000 per school.
The company also is creating an activation program slated to feature up to 200 athletes for varying opportunities beyond the base payment.
Winners Alliance — an agency that has handled group licensing efforts in professional tennis and cricket and is headed up by OneTeam founding CEO Ahmad Nassar — is fronting the money to get Pathway off the ground. Winston declined to disclose how much is being invested, but it‘s understood enough capital has been poured in to pay players for multiple years.
Eventually, though, there will need to be a return on that investment.
Schwab told SBJ that Pathway’s profit plan centers on taking a cut of any deal that might be struck with potential game developers.
For example, Pathway and EA could hypothetically agree to a deal granting Pathway 10% of game sales in exchange for EA incorporating those players captured under the group license. If that game recorded $340 million in sales, Pathway would net $34 million, or double the rough investment it would take to sign all 11,000-plus FBS players.
Schwab noted at least 70% of the profit Pathway generates from a group license sale will go toward players. In this case, around $24 million of the theoretical $34 million agreement would be earmarked for athletes (about $2,100 per person) — $17 million toward the initial investments the company made in player signings, and roughly $7 million in new money. Pathway would then pocket the remaining $10 million.
“They have a value proposition for college players that is unique to anything else I‘ve seen in this space,” Arizona Cardinals tackle and Pathway adviser Kelvin Beachum said in a statement provided to SBJ. “They have a dedicated team and long-term vision that puts the players first, which is something I wish I had as a college player.”
Pathway has roared out of the gates since its first set of meetings with teams in February, but forecasting its long-term feasibility and potential isn’t as simple as back-of-the-napkin math.
For one, Pathway and EA have no current business relationship in place, and the latter is certainly under no obligation to create one.
There’s also competition on the market.
OneTeam — which handled NIL agreements for EA ahead of last year’s launch of College Football 25, and has played a major role with the NFLPA and EA’s Madden arrangement since 2020 — upped its one-time payments to athletes from $600 to $1,500 in March.
Still, the swath of agreements Pathway has struck should have a consequential impact in the not-too-distant future.
The deals the company inked in recent months are nonexclusive in 2025, but become exclusive in 2026 and extend through a player’s eligibility (exclusivity would end at that point).
More significant, Pathway also has included a right of first refusal in its deals for players who make a pro roster, giving the company a 90-day window to negotiate video game rights for those athletes.
That could theoretically create an impasse (or, on the flip side, incentivize partnership) between Pathway, the NFLPA, OneTeam and EA related to group licensing and the Madden franchise.
The NFLPA and OneTeam declined to comment for this story when reached by SBJ.
Schwab, however, insisted the ROFR included in Pathway’s deals is unlikely to be exercised.
“The only way it would make sense for us, or anybody, to exercise that right is if we had a deal with a video game developer to go pay more for those rights,” he said. “The analogy is if somebody has a right of first refusal on my house, and I’m trying to sell my house, I‘m going to be able to drive the rest of the market up for the value of my house.”
Pathway may also serve purposes beyond college football video games — though Schwab is adamant it‘s not a precursor to a union.
The company’s advisory board includes co-head of WME Sports Karen Brodkin and National Association of Basketball Coaches Executive Director Craig Robinson, suggesting a potential foray into college basketball.
More immediately, college sports leaders are determined to avoid classifying athletes as employees, despite seeking a way to collectively bargain (federal law requires one be deemed an employee in order to do so). Group licensing, thus, might provide a way to pseudo-organize without needing employee status or an antitrust exemption from Congress.
The approach is also one schools may look toward in a post-House settlement world, where NIL deals are likely to face more scrutiny from a Deloitte-run clearinghouse designed to judge fair market value on agreements worth $600 or more.
“I‘m a firm believer that the path forward [for college sports] is a situation where the student athletes can act collectively and we can reach an agreement with them in some form,” said former Notre Dame AD Jack Swarbrick, who‘s serving as an adviser for Pathway. “There are a lot of different ways to skin that cat, and so I‘m super supportive of anybody who‘s laying the groundwork for that. Casey certainly is.”
In his new venture, Pathway Sports, Casey Schwab is trying to help college football players maximize their return from EA Sports new college football video game. Courtesy of Pathway Sports
Mack Sutter has set a date for his college commitment. The 6-foot-6, 225-pound Class of 2026 recruit from Dunlap will be holding a commitment ceremony on June 26. He’ll choose between his final four schools — Alabama, Illinois, Ole Miss or Ohio State. He’s completed four of his five official visits that started in April […]
Mack Sutter has set a date for his college commitment.
The 6-foot-6, 225-pound Class of 2026 recruit from Dunlap will be holding a commitment ceremony on June 26. He’ll choose between his final four schools — Alabama, Illinois, Ole Miss or Ohio State.
He’s completed four of his five official visits that started in April and wrap next weekend. His visits included Illinois (April 11), Ole Miss (April 25), Ohio State (May 30), Penn State (June 6) and Alabama (June 20).
Sutter, a four-star tight end, is ranked as the No. 80 prospect nationally, sixth-ranked tight end and the No. 1 prospect in Illinois by 247Sports Composite.
Visits, offers and NIL money: Whirlwind start to 2025 for elite Dunlap college football recruit
The linebacker/receiver is a two-time selection to the all-Mid-Illini first team and Journal Star all-area team, picked for both in his sophomore and junior seasons.
Mack Sutter stats
As a junior, Sutter had 35 receptions for 505 yards and seven touchdowns for the Eagles, who finished 6-4 and made the Class 6A playoffs. Sutter filled in one game at quarterback, throwing for 119 yards. The four-star prospect also played linebacker with 29 tackles, six sacks, four forced fumbles and a pick-6.
As a sophomore, the quarterback/linebacker/wide receiver recorded 20 tackles and five tackles for loss as a linebacker. Sutter added 710 passing yards and eight touchdowns for the Eagles, who went 6-4 and lost in the first round of the Class 6A playoffs.
Talk of power conferences taking over College World Series was premature
OMAHA, Neb. — Six conferences and an independent will be represented at the College World Series, and none of the teams were among the final eight in Omaha a year ago. In 2024, the SEC and ACC had four teams each in the CWS and all the talk was that college baseball would forevermore be […]
OMAHA, Neb. — Six conferences and an independent will be represented at the College World Series, and none of the teams were among the final eight in Omaha a year ago.
In 2024, the SEC and ACC had four teams each in the CWS and all the talk was that college baseball would forevermore be dominated by the schools in those conferences that invest the most in the sport in scholarships, NIL and, starting soon, direct payments to players.
Someone forgot to tell that to Murray State, among others.
The CWS opens today with the Sun Belt Conference’s Coastal Carolina (53-11) playing the Big 12’s Arizona (44-19) in a rematch of the 2016 finals won by the Chanticleers. No. 8 national seed Oregon State (47-14-1), an independent until the Pac-12 ramps up again in 2026-27, meets the ACC’s Louisville (40-22) in the second game.
Saturday’s games match the Big Ten’s UCLA (47-16) against Missouri Valley Conference upstart Murray State (44-15) and an all-SEC battle between No. 3 Arkansas (48-13) and LSU (48-15).
Chanticleers coach Kevin Schnall was Gary Gilmore’s assistant in 2016, and he said he never believed a power conference takeover in baseball was inevitable. His team’s 23-game win streak is the longest in history by a team entering a CWS.
“Why has Coastal been so successful for 25 years? Well, Gary Gilmore was able to teach us how to assemble a roster,” Schnall said. “It’s not about putting together just the best players. You have to put together the best team. Sometimes money doesn’t always buy that.”
The money is about to get bigger. The House v. NCAA settlement will mandate roster limits, likely 34 in baseball, and allow schools to award as many scholarships as there are roster spots. Most programs are not expected to max out scholarships in baseball, but many will at least double the longstanding limit of 11.7.
Division I Baseball Committee chair Jay Artigues, athletic director at Southeastern Louisiana, said high-performing midmajors aren’t necessarily at a disadvantage because of how they tend to build their rosters. The outlook for them is not doom and gloom, he said.
“The Arkansases, the LSUs and the Georgias of the world, they’re going to have the premier 18-, 19-year-olds in the country, no question about it,” Artigues said. “They can’t get old because their 18- and 19-year-olds are signing (pro contracts) after that third year. Now where a mid-major can compete against them is having a good 22- or 23-year-old. You put a good 22-, 23-year-old against a really good 18-year-old, it evens the field.
“I think the midmajors that are having success are all older. You look at what Southern Miss did this year, they’re a fourth-, fifth-year team. That’s why they’re kicking the crap out of some P4 teams.”
Louisville coach Dan McDonnell said he thought at least one more ACC team would join his in Omaha, but he can’t help but be happy for Murray State to make it considering he played second base on the Citadel’s 1990 CWS team. It was his greatest baseball experience, he said, and as far as he’s concerned the more players who can experience the CWS, the better.
American Baseball Coaches Association executive director Craig Keilitz said the diversity of this year’s CWS field is good for the sport.
“I’m probably surprised as a lot of people as this proliferation of money has followed its way down, to say it might not be possible,” he said. “But I think it’s absolutely remarkable. I think it’s going to be interesting. I think it’s going to be highly watched and followed. I don’t think we could have scripted it any better.”
Four MLB.com projected first-round picks in the Major League Baseball amateur draft will be playing in Omaha: LSU left-handed pitcher Kade Anderson (1), Oregon State shortstop Aiva Arquette (3), Arizona outfielder Brendan Summerhill (16) and Arkansas shortstop Wehiwa Aloy (23).
The CWS is celebrating its 75th anniversary in Omaha, which landed what then was a lightly attended tournament in 1950 partly because city leaders promised to cover any cost overruns.
The CWS blossomed in the 1980s with the start of ESPN’s national coverage and moved from a dilapidated Rosenblatt Stadium to the 24,000-seat Charles Schwab Field in 2011. “Omaha” long has been a rallying cry for teams hoping to play for the national championship.
The city and NCAA have a contract that keeps the event in Omaha at least through 2035.
Grant Frerking was Josh Heupel, Tennessee football adviser amid scams
This story was updated to add new information. Former Tennessee football player Grant Frerking was an employee of the program while carrying out financial scams related to his former business and facing civil claims for unpaid bills, documents provided by UT to Knox News reveal. Frerking has served as a part-time consultant to UT football […]
Former Tennessee football player Grant Frerking was an employee of the program while carrying out financial scams related to his former business and facing civil claims for unpaid bills, documents provided by UT to Knox News reveal.
Frerking has served as a part-time consultant to UT football since July 2023 while he also worked for On3, a Nashville-based sports media company.
On June 12, On3 founder/CEO Shannon Terry said he was unaware that Frerking was employed by UT, which could appear to be a conflict of interest.
“On3 had no knowledge of this relationship. Grant was explicitly instructed not to engage, either directly or indirectly, with the University of Tennessee or its associated collective,” Terry posted on X, formerly known as Twitter. “On multiple occasions during his employment, he was asked to confirm compliance with this directive, and he repeatedly denied any involvement. These representations were false. He lied to us.”
On3 had no knowledge of this relationship. Grant was explicitly instructed not to engage, either directly or indirectly, with the University of Tennessee or its associated collective. On multiple occasions during his employment, he was asked to confirm compliance with this… https://t.co/6rUtzVVgSy
Frerking left On3 on May 27, amid “allegations of criminal misconduct,” according to a statement On3 provided to USA TODAY Network. He had worked there since August 2021.
At Tennessee, Frerking’s duties included advising coach Josh Heupel on off-field matters, consulting staff members on best practices and representing the Vols program at public events.
UT paid Frerking $30,000 for the past two years. His current contract expires June 30, but he no longer works for UT and the university doesn’t owe him any additional pay.
UT paid Frerking $7,500 every six months, according to the terms of his contract. The final payment was Jan. 1.
UT spokesman Jason Baum told Knox News on June 12 that Frerking hasn’t done any recent work on campus, and his contract will not be renewed.
Frerking did not respond to numerous Knox News requests for comment.
What Grant Frerking did as Tennessee football employee
Frerking, 26, was a Vols walk-on wide receiver from 2017-22. He was hired by UT football as a part-time consultant in July 2023. However, he did not list that employment on his LinkedIn account.
Freking worked for On3 from August 2021 to May 2025. That job overlapped with his UT consulting role.
According to Frerking’s UT contract, his duties as a consultant included:
Advising and consulting football coaches on best practices to navigate the current college football climate;
Assisting and advising Heupel and staff on off-field matters related to the program, both internally and externally;
Aiding in future development of program by speaking on panels and attending events (which included numerous appearances on “The Paul Finebaum Show” on SEC Network);
Guiding communication efforts with external parties and partners to ensure program success;
Maintaining a presence on campus monthly to meet, guide and assist with the program, staff and players with frequent availability via phone and Zoom.
Property records show that Frerking lived in Nashville while serving as a consultant. But UT did not reimburse his travel expenses, per terms of the contract.
GRANT FRERKING: How Tennessee player, CEO millionaire fell into scams, legal mess
Frerking was embroiled in financial scams while working for UT
Frerking’s employment with UT raises eyebrows after a Knox News investigation revealed he had been involved in numerous financial scams related to Metro Straw, his former ground cover business in Atlanta.
Customers accused him of pretending to work for Metro Straw to collect money from customers who sent payments believing he still worked there, only to be left without product delivered.
Frerking was also evicted from two Nashville apartments this year, according to court records, and owed $16,387 in unpaid rent in the upscale neighborhood The Gulch.
Why Tennessee football hired Grant Frerking
If Frerking had expertise useful to UT, it was in the name, image and likeness space.
Frerking served as president of On3’s NIL University and director of athlete network development. He also had been a point person for On3’s major events that focused on NIL contract negotiations, tax education and wealth management with celebrity speakers such as gymnast Livvy Dunne, ESPN commentator Kirk Herbstreit and chief marketing officers for Fortune 100 brands.
Frerking was an advocate for players’ NIL rights, and he often represented Vols football in the media. But it appears UT’s relationship to Frerking wasn’t worth it.
Frerking became a fixture at Tennessee sporting events following his graduation. He also joined the Tennessee Fund’s Shareholders Society in 2022. UT has since removed the announcement of Frerking’s involvement.
He was also a board member for Volunteer Legacy, a nonprofit organization within the framework of NIL started in late 2022 by Spyre Sports, the collective that pays UT athletes for their NIL rights. Spyre CEO/co-founder James Clawson told Knox News that Frerking was never an employee of Spyre. Board members of any organization are not involved in the day-to-day operations.
Adam Sparks is the Tennessee football beat reporter. Email adam.sparks@knoxnews.com. X, formerly known as Twitter@AdamSparks. Support strong local journalism by subscribing atknoxnews.com/subscribe.
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Brett Yormark reveals what still is on his mind to fix in the Big 12, college sports
Following the approval of last week’s historic House settlement’s, sweeping changes to NIL, among other aspects of college athletics will be implemented beginning on July 1. However, the settlement does not solve all of the problems still facing the industry. Big 12 commissioner Brett Yormark recently joined the Triple Option Podcast with Big Noon Kickoff […]
Following the approval of last week’s historic House settlement’s, sweeping changes to NIL, among other aspects of college athletics will be implemented beginning on July 1. However, the settlement does not solve all of the problems still facing the industry.
Big 12 commissioner Brett Yormark recently joined the Triple Option Podcast with Big Noon Kickoff hosts Urban Meyer, Mark Ingram and Rob Stone to discuss some of the issues that are still weighing on his mind heading into the new college football season. Yormark fired off three in quick succession.
“I take everything home with me. It’s a 24/7 job and you can never turn it off,” Yormark explained. “There’s a lot of the big national issues that we’re dealing with. And right now, I would say the big three are the (House) settlement, CFP (College Football Playoff) and future governance future governance, meaning the role of the NCAA in this new age of collegiate athletics.”
The NCAA has been around for over a century and provides a governing body to major college athletics. They provide oversight academically and athletically to student athletes, and offer national championships in each of its respective sports to their member schools.
However, as college athletics continues to shift toward a more professional model (aided by the House settlement Yormark has already mentioned), questions over whether or not the NCAA should be replaced have risen. This is all in theory at this point.
“There’s a lot going on in our space right now, and I’m sure everyone knows, but it’s not just football and basketball,” Yormark continued. “I mean, we sponsor 25 sports here (in the Big 12), 15 of which are women’s sports, and we think there’s a lot of growth there, so there’s a lot to manage and a lot to do.
“But I will tell you that coming from professional sports, there’s nothing like college athletics. It’s a purpose-driven industry and at the core is our student athlete.”
In regards to Yormark’s concerns over the College Football Playoff, the selection committee has adopted a straight-seeding model moving forward, meaning the top four teams will earn a first-round bye. Last season, Arizona State was given a first-round bye as a four seed but was No. 12 in the final poll. This would not be the case anymore.
Greater changes are expected to come regarding the CFP, as 14 and 16-team models have been proposed behind the scenes. When those changes will come, and how it will impact the Big 12 has yet to play out.
NCAA Player Pay Deal Asks Deloitte to Measure the Unmeasurable
A massive NCAA settlement with student-athletes involves a mechanism for limiting name, image and likeness deals to “fair market value,” which could prove difficult for even the world’s largest accounting firm to reliably measure. The $2.8 billion House v. NCAA settlement calls for Deloitte LLP to set up a clearinghouse to analyze endorsements, partnerships, and […]
A massive NCAA settlement with student-athletes involves a mechanism for limiting name, image and likeness deals to “fair market value,” which could prove difficult for even the world’s largest accounting firm to reliably measure.
The $2.8 billion House v. NCAA settlement calls for Deloitte LLP to set up a clearinghouse to analyze endorsements, partnerships, and other branding deals to ensure athletes earn a realistic amount for NIL rights, instead of sums inflated by recruiting slush funds run by team boosters. But building a model to assess a deal’s market value will depend on at least some subjective variables, incomplete industry metrics on private contracts, and skewed college athlete data, attorneys say.
Deloitte’s model will estimate an acceptable range for each deal rather than a specific value. But it will still have to draw lines, potentially in gray areas, to determine what NIL deals constitute pay-for-play.
“I think that’s a laudable goal. I don’t think it’s achievable,” said IP and sports attorney Mike Ingersoll of Womble Bond Dickinson. “There’s really no way to divorce a player’s value from their market demand, and their market demand is who wants them at their school.”
Imprecision in Deloitte’s determinations will all but certainly lead to a number of appeals before the College Sports Commission, the body designated administer the settlement’s rules, and after that neutral third-party arbiters. These disputes will add to the array of current lawsuits and follow-on litigation expected to result from the House settlement.
Deloitte and the NCAA referred questions to the CSC.
A member of the CSC Settlement Implementation Committee said the goal isn’t to prevent deals, just “catch the ones that are clearly out of bounds.” He acknowledged a degree of inherent imprecision, but stressed Deloitte’s expertise while noting players wouldn’t be sanctioned unless they went through with a deal despite losing before a neutral arbiter.
Valuing IP isn’t a new concept, the member said.
‘Fake NIL’
Over the last decade-plus, the NCAA has progressively lost efforts to preserve student-athlete amateurism in the multi-billion dollar college sports industry. The Ninth Circuit’s 2015 ruling in O’Bannon v. NCAA affirmed that the NCAA’s NIL prohibitions violated antitrust law, and the 2020 House complaint claimed the NCAA had yet to implement a new policy.
A judge approved the NCAA’s $2.8 billion settlement on June 6, which created a capped revenue sharing model that reaches back to 2016.
Branding deals worth $600 or more will now feed into NIL Go, software built by Deloitte to assess market value. Rejected deals can be reworked or appealed to the CSC, an entity established by major conferences.
The idea is to “get rid of this ‘fake’ NIL” that’s actually just a recruiting offer, sports and IP attorney Philip Sheng of Venable LLP said. The former Stanford University tennis player said the biggest question—one unlikely to ever be answered publicly—will be how Deloitte weighs the various factors that play into an athlete’s marketing value.
“We are in a black box scenario,” Sheng said.
A player’s sport, position, gender, skill, program, conference, and media market, along with the athlete’s particular obligations, impact value, attorneys said. Appearance, personality, social media following, and other attributes also subjectively influence value. Former NFL safety Troy Polamalu’s long flowing hair, for example, enhanced his value as a shampoo spokesman, Sheng said.
Data Limitations
Deloitte’s NIL Go platform will measure deals against what is still an ill-defined market.
While some general endorsement contract data exists, most deals are private, said Ingersoll, a former University of North Carolina football player.
Any existing data specific to college athletes is also contaminated with the recruiting element the NCAA seeks to eliminate. Data for the upcoming season is also obsolete because parties reacted to the proposed settlement announced in January.
“Deals have doubled in value,” Ingersoll said. “Deloitte is going to come in and say ‘that’s not fair market value, that doesn’t reflect the market,’ he said. “It absolutely does.”
But the CSC committee member said Deloitte has data and sophisticated methods to identify the importance of largely objective factors.
‘Honor System’
The deals will be de-identified and provided to the NCAA, which will build a database to give future athletes market insights. The prospect of unpredictable enforcement of nebulous standards could also deter reporting, IP and sports professor John Wolohan of Syracuse University added.
“In some ways it invites more under-the-table deals,” Wolohan said.
The CSC member said some parties will cheat. But the new system, unlike past systems, allow student-athletes to earn money off their persona without punishment unless they flout tribunals’ decisions.
Ingersoll said athletes and collectives may have little incentive to report some deals. Schools and the CSC can’t monitor all of social media or events like autograph signings.
“It’s truly the honor system,” Ingersoll said.
He noted potential reporting loopholes, such as stacking several $599 deals exempt from reporting rules. The settlement allows for anti-circumvention rule changes, but litigation could follow if parties dissent—adding to already inevitable labor, roster limit, and discrimination litigation, Ingersoll said.
“From what I understand, Title IX lawyers already have their complaints drafted,” Ingersoll said. “It’s whack-a-mole. They’ve solved one problem, and a dozen more will pop up. It’s going to be messy.”
Wolohan questioned the need to separate NIL rights and recruiting value when schools will share athletic program revenue with players. That mess ultimately stems from the NCAA failing to recognize core flaws when its amateurism model began to crack.
“They should have done this in 2015, and now it’s just way too late,” he said. “Other students can be recognized as employees, so I’m not sure what the NCAA and the schools’ fear is.”
The CSC member said the court accepted the pro-competitive justification for the restraints. Team resources, even within conferences, vary widely. The entire product would become less valuable for everyone with pay-for-play restrictions, he said.