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Changes in Antitrust Law May Signal Increased Scrutiny for Long-Standing Eligibility Rules in Pro Sports | 05 | 2025 | Publications | Insights & Publications

Key Takeaways: The aftershocks of O’Bannon and Alston are still being felt as college athletes have successfully challenged eligibility rules once considered non-commercial in nature. The presumption that eligibility rules are necessary to run a sporting league may no longer be accepted and such rules may require a procompetitive justification. Professional leagues should review rules […]

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Key Takeaways:

  • The aftershocks of O’Bannon and Alston are still being felt as college athletes have successfully challenged eligibility rules once considered non-commercial in nature.
  • The presumption that eligibility rules are necessary to run a sporting league may no longer be accepted and such rules may require a procompetitive justification.
  • Professional leagues should review rules traditionally viewed as “non-commercial” to better anticipate antitrust challenges to those rules amidst an evolving legal landscape.

Eligibility rules have long been the sovereign territory of professional sports leagues. However, recent decisions have called this tradition into question. In this article, we discuss three recent cases involving former Junior College athletes seeking to compete notwithstanding their ineligibility under NCAA (the “National Collegiate Athletic Association”) rules. As antitrust law continues to develop alongside collegiate sports’ rapid evolution in the NIL (“Name, Image, and Likeness”) era, professional and collegiate sports leagues should take note of these new decisions and the impact they might have on league governance rules more broadly. In two of those cases (Pavia and Elad) the courts subjected the NCAA’s eligibility restriction to a rule of reason analysis before granting the requested preliminary injunction enjoining application of the rule. In the third, the court declined to subject the eligibility rule to antitrust scrutiny, finding the rule to be non-commercial in nature and going on to say it would survive antitrust scrutiny even if the rule was commercial in nature.

Pavia v. NCAA and Elad v. NCAA: Successful Challenges to Eligibility Rules Impacting Former Junior College Athletes

Junior College athletes have been increasingly successful in obtaining preliminary injunctions that allow extra years of eligibility at a Division I school, calling into question the enforceability of the NCAA’s long-standing “Five-Year Rule.” The Five-Year Rule permits college athletes to compete in up to four competitive seasons within five years, inclusive of time spent at a Junior College. This “JUCO Rule” means that a recruit transferring to a Division I institution after graduating from a Junior College will have two fewer seasons of eligibility than a recruit enrolling directly at a four-year institution out of high school.

Diego Pavia, a quarterback who transferred to Vanderbilt after two seasons at New Mexico State University, obtained an injunction that will allow him to suit up for Vanderbilt this fall. Pavia sought the injunction because, prior to joining New Mexico State University, he led the New Mexico Military Institute to a Junior College National Championship victory in 2021. Application of the JUCO Rule would have resulted in his 2024 season at Vanderbilt having been his last. Pavia sued to enjoin that rule, and the Court found that the JUCO Rule’s restrictions on eligibility “necessarily have anticompetitive effects” in the NIL era. Judge William Campbell of the Middle District of Tennessee explained that “the NCAA’s assertion that restrictions on the length of eligibility have a net neutral affect ignores the new economic reality in the age of NIL compensation.” The Court further characterized NCAA Eligibility Rules as “restrictions on who can compete (and earn NIL compensation) and for how long.” The NCAA subsequently granted a waiver to permit similarly situated former JUCO players to play a fourth year of Division I sports in fall 2025 or spring 2026. This ruling left student-athletes who weren’t similarly situated to Pavia in an uncertain situation.

Enter Jett Elad. Elad transferred to Rutgers University from the University of Las Vegas after playing at Garden City Community College in Kansas. Although Elad had hoped that the NCAA might grant him the same waiver that benefitted Diego Pavia and other similarly situated athletes, the NCAA denied Elad’s application for such a waiver. Elad then filed for a preliminary injunction against the NCAA in April, arguing that counting his year of Junior College competition against his NCAA eligibility violates Section 1 of the Sherman Antitrust Act by unreasonably restraining trade in the labor market for college athletes.

Judge Zahid N. Quraishi of the District of New Jersey agreed, finding that Division I college football players are part of a “labor market” where compensation takes the form of lucrative NIL deals. Players, Quraishi explained, also use Division I football to prepare for the NFL. Recognizing that an injunction was “potentially Elad’s only opportunity to complete his Division I career and transition into the NFL,” the court found that “the JUCO Rule is commercial in nature” and that “the JUCO Rule limits who is eligible to play and therefore to negotiate a NIL agreement.”

Like the court in Pavia, Judge Quraishi’s decision reflected the new NIL reality. He noted that “Elad’s NIL agreement is a real-life example of a wider phenomenon [in which] older, more experienced players generally receive more NIL compensation than younger, less experienced players at the same position. Selectively limiting JUCO students from that pool necessarily has a commercial effect.” Judge Quraishi further stressed that Elad’s decision to enroll at Rutgers “was based in part on a NIL deal for $550,000 compensation, with an additional $100,000 incentive bonus if he is named to the All-Big Ten First Team.” 

The changes in NIL within the market for college football and the broader recognition that the NCAA is engaged in a commercial enterprise was critical for Pavia and Elad’s determination that the NCAA’s long-standing eligibility restrictions were commercial in nature and should be enjoined. As such, both cases show the judiciary’s increased willingness to review sports league eligibility rules under antitrust law.

Goldstein v. NCAA: Tempered Expectations for Wholesale Elimination of the Five-Year Rule

Not all student-athletes’ Antitrust challenges of NCAA eligibility rules have prevailed. In Goldstein v. NCAA, a student-athlete’s petition for injunctive relief to increase his eligibility was denied by Judge Tillman “Tripp” Self of the Middle District of Georgia. Judge Self ruled that the NCAA eligibility bylaws are “non-commercial” and, therefore, are not subject to antitrust law. Unlike Elad who was offered over half a million dollars in NIL funds, Goldstein “did not have a single dollar amount on . . . [his] current or potential NIL compensation.” In addition, while Pavia and Elad both concerned college football eligibility, Goldstein and other similar rulings in favor of the NCAA concerned college baseball players who were not economically similarly situated. While the determination that the eligibility rule is not commercial in nature is hard to square with the contrary opinions in Pavia and Elad, it appears that the outsized revenue and NIL funds in college football drove the differing outcomes.

Broader Implications on Professional Sports

For years, the NCAA largely prevailed against antitrust challenges. That changed in a dramatic way following plaintiffs’ victories in O’Bannon v. NCAA and then in Alston v. NCAA. But those cases addressed restrictions on athletes’ ability to receive compensation. Pavia and Elad signal that the antitrust scrutiny of NCAA rules is unlikely to end with Alston and that rules previously considered to be non-commercial and aimed at preserving parity in sports are also in plaintiffs’ sights.

These challenges to NCAA league rules should not be viewed as siloed and limited to college sports. In the past year there have been several high-profile antitrust challenges in the sports world targeting league rules, as we have previously discussed in our updates on NASCAR and US Soccer.

It may be that we are seeing a shift in how the courts view sports leagues, with judges less reticent than they have been in the past to interfere with a tradition viewed as deeply rooted in our nation’s collective consciousness, and therefore less willing to defer to league rules even where the leagues assert that they are best suited to decide the rules required for competition. As the case law continues to develop, professional sports leagues should anticipate the possibility that their traditional governance models may suddenly be subjected to antitrust scrutiny.

 

This publication is for general information purposes only. It is not intended to provide, nor is it to be used as, a substitute for legal advice. In some jurisdictions it may be considered attorney advertising.



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Ohio State has 36 varsity sports. So how will it handle revenue sharing and NIL?

COLUMBUS, Ohio — College athletic departments across the country have long been preparing for approval of the House v. NCAA settlement, which is ushering in a new revenue-sharing era of college sports. Few have more decisions to make than Ohio State, which boasts 36 Division I sports teams. So what will the Buckeyes do when […]

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COLUMBUS, Ohio — College athletic departments across the country have long been preparing for approval of the House v. NCAA settlement, which is ushering in a new revenue-sharing era of college sports. Few have more decisions to make than Ohio State, which boasts 36 Division I sports teams.

So what will the Buckeyes do when revenue sharing takes effect July 1 and $20.5 million can be shared with athletes?

Much of the department’s energy has gone to finding the correct model for an athletic department that has been firm in its commitment to keeping all of its varsity sports. The model, which athletic director Ross Bjork broke down with reporters Thursday, includes spending $18 million across four sports: football, men’s basketball, women’s basketball and women’s volleyball.

Though Bjork wouldn’t divulge how much each program is getting, he did say Ohio State chose those four sports based on its own metric-based system.

“The sports are popular, the Big Ten is a leader in volleyball and we want to get better,” Bjork said. “Coach (Jen) Flynn Oldenburg is working on a plan to get us back on track. With the attention we can receive, the Columbus market, volleyball is a booming sport and the Covelli Center is an amazing atmosphere.”

The other $2.5 million will be used to fund 91 new scholarships the department is adding for its 36 sports. According to the settlement, every new scholarship must count against the $20.5 million cap, with a maximum value of $2.5 million.

Bjork, who is nearing the one-year mark as Ohio State’s athletic director, is a fan of the newest change to college athletics.

“The main thing is clarity,” Bjork said. “Does it solve everything? Does it solve the employment piece? No, it doesn’t. Does it address Title IX and how that plays out? No, it doesn’t. So it’s not perfect, but it’s progress that we never had. It’s transformational progress.”

Ohio State’s plans don’t stop with the $20.5 million cap. On Tuesday, Ohio State announced the creation of the Buckeye Sports Group, a new name, image and likeness entity that takes the Buckeyes’ NIL efforts in-house. It will be run jointly by the athletic department and Learfield’s Ohio State Sports Properties to facilitate contracts and deals with athletes.

The days of NIL collectives like The Foundation and The 1870 Society working independently are gone, though they will serve in an advisory capacity to the new group.

While the settlement gives every athletic department in the country a set revenue-sharing cap, athletic departments can facilitate NIL deals with companies as long as the amount is based on a “fair market value.” Every third-party deal that exceeds $600 is subject to approval through a clearinghouse established by the College Sports Commission.

Ohio State should be well positioned to take advantage of the new rules, given its historical success, its status as the reigning national champion in football, its revenue as a premier program in the Big Ten and its large fan base, both locally and nationally. Bjork cited the fact that Columbus is the 14th largest city in the United States with 16 Fortune 1,000 companies and 50 companies that employ over 1,000 people. That’s a large base to begin with from an NIL perspective.

“Part of the analysis was how do we continue to capitalize on the brand and the city?” Bjork said. “The really cool thing is they may not have gone to school here, they lived in Ohio, went to school here, moved away, but they are Buckeye fans. Countless people I run into are in that category. It’s how do we reach those people? How do we do a statewide tour? Those are all things we’re mapping out.”

The job of the NIL entity will be to take the companies that are doing deals with Learfield and the Ohio State Properties already and match them with athletes, while also finding new companies to create partnerships with. The companies will pay the athletes, but the Buckeye Sports Group will help arrange the deal.

“We think we are in a really competitive spot, and if you layer in the third-party NIL environment, we are in a competitive spot,” Bjork said. “Now we have to orchestrate that, arrange that and make sure it meets fair market value. Ohio State football is a built-to-last championship brand. That’s not going away.”

In addition to funding 91 new scholarships across its varsity sports, Ohio State will also be able to help find NIL deals for the athletes in sports that may be overlooked. When Ohio State began thinking about its model, one of the first things it said was that it was not going to cut a sport.

“It’s the right thing to do based on legacy, history and an opportunity for those young people,” Bjork said.

(Photo: Jason Mowry / Getty Images)



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College coaching legend John Calipari has a hilarious take on NIL money

College basketball coaching legend John Calipari has long been known for his candid approach to speaking his mind. He has little regard for the opinions of others when it comes to his thoughts on the state of the game that he loves. As the 96th coach inducted into the Basketball Hall of Fame in the […]

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College basketball coaching legend John Calipari has long been known for his candid approach to speaking his mind. He has little regard for the opinions of others when it comes to his thoughts on the state of the game that he loves. As the 96th coach inducted into the Basketball Hall of Fame in the class of 2025, Calipari has the resume to back up any of his assertions.

While he struggled to adjust to the NBA game as a coach, he has won at every school he has been at in the collegiate ranks. UMass, Memphis, Kentucky, and now Arkansas were all elite programs vying for National Championships every year while he was coaching there. While the University of Arkansas certainly has one of the biggest name, image, and likeness (NIL) backers in the Walton family (heirs to the Wal-Mart fortune), Calipari himself has been critical of the program. He recently shared some hilarious insights on NIL.

Coach Cal was poking fun at the fact that NIL has enticed many kids to stay in college longer. They can earn millions while in college, despite not being NBA-ready. Former Michigan Wolverine and Kansas Jayhawks center Hunter Dickinson utilized every year of his eligibility to earn millions, with little to no chance of making it to the NBA. Calipari gained fame for his use of the “one-and-done” player while at Kentucky. He recruited elite five-star talent to come to Lexington for one year, knowing it was merely a brief stop before the NBA.

While Calipari is certainly utilizing NIL to build his roster, he has a negative feeling about the whole process. It sounds like he views it as a stain on the game and is determined to distribute dollars equally among his team. Regardless of how he approaches it, he never fails to provide a hilarious context when asked about trending topics.

Dickonso

Arkansas Razorbacks forward Trevon Brazile (4) reaches for the ball against Kansas Jayhawks center Hunter Dickinson (1) . Mandatory Credit: Gregory Fisher-Imagn Images / Gregory Fisher-Imagn Images

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Ohio State AD Ross Bjork on the House v. NCAA settlement

Two things will not change in college sports with the settlement of the House v. NCAA case, Ohio State athletic director Ross Bjork said: Athletes will still go to class in pursuit of a degree, and they will still play games. “Everything in the middle of that is going to be different,” Bjork told reporters […]

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Two things will not change in college sports with the settlement of the House v. NCAA case, Ohio State athletic director Ross Bjork said: Athletes will still go to class in pursuit of a degree, and they will still play games.

“Everything in the middle of that is going to be different,” Bjork told reporters during a press conference to discuss the effects of the House settlement. “That’s OK. We’re all adapting.”

On June 6, federal judge Claudia Wilken approved the House settlement after prolonged negotiations. The settlement includes a $20.5 million cap on name, image and likeness that athletic programs will pay its players directly. Until now, NIL payments were run through non-university sources, primarily collectives, though colleges could work with them.

Ohio State will use $18 million on NIL payments in four sports – football, men’s and women’s basketball and women’s volleyball. Bjork declined to say what percentage of that money each sport will get, though it’s certain football will get most of it. OSU will spend $2.5 million to pay for 91 additional scholarships spread among its 36 varsity programs.

Bjork said the settlement does not fix all of college sports’ problems. But he said it does provide clarity after three years without clear-cut rules since NIL rights were granted.

“It’s not perfect, but it’s progress we’ve never had before,” Bjork said. “It’s transformational progress.”

Here are six takeaways from Bjork’s press conference:

Ohio State’s 36 varsity sports are here to stay

Ohio State takes much pride in having 36 varsity sports, and that will continue in a post-House landscape. OSU and Stanford are tied for the most varsity sports in the country.

“That was the starting point,” Bjork said. “We will maintain 36 sports. You have an obligation to the young people in those programs. There are a lot of historical programs that compete here. We want to maintain that. We want to grow that.”

Allocating resources to those programs might look different, he said. Not all sports will get an increase in scholarships. A few might face a reduction, though Bjork declined to specify which sports those might be. He said Title IX requirements mandating gender equity would factor into it.

But eliminating sports is not a consideration.

“We can generate the right kind of revenue,” Bjork said. “We’ve recalibrated the expenses the right way.”

Bjork believes OSU remains well-positioned for football

NIL funds were crucial to retaining the seniors and attracting transfers for Ohio State’s 2024 national championship run. OSU was regarded as one of the biggest spenders in NIL. But now that there’s a cap of $20.5 million – or $18 million outside of new scholarships – could that leveling of the playing field be to OSU’s disadvantage?

Bjork doesn’t believe so.

“Ohio State football is a built-to-last championship brand,” he said. “That’s not going away.”

OSU players will still be able to make money on top of what their NIL compensation is. Third parties can arrange deals with a player as long as they are deemed by the newly created College Sports Commission to be of fair-market value and a valid business purpose and not used as a recruiting incentive. Given the passion for OSU football and the size of the Columbus market, Bjork believes that will add to the attractiveness of Ohio State to potential Buckeyes.

“We think we’re in a very competitive spot,” he said.

OSU is devising a formula for NIL payments

The challenge of disbursing NIL now falls on Ohio State. It will have to decide how much to play each player.

“How we navigate it is going to be an evolution,” Bjork said.

He said coach Ryan Day and general manager Mark Pantoni are using analytics to determine the value of each position. Bjork said the hiring of defensive coordinator Matt Patricia, a longtime coach in the NFL, which has had a salary cap since 1994, will be “tremendously valuable.”

Patricia knows how the NFL values different positions.

“You can apply that to college,” Bjork said. “We will always be at the front of the game from a competitive standpoint, but others will have essentially the same resources. Then it’s a matter of how you continue to recruit to a championship brand, and we’re going to be right there every year.”

Bjork believes College Sports Commission judgments will stand

Since the announcement of the College Sports Commission, skeptics have questioned whether its rulings will be affirmed if challenged in court. After all, market value is usually considered to be whatever someone is willing to pay.

But Bjork believes the long negotiation between the parties in the House case will allow the College Sports Commission’s rulings to stand.

“I think what people are missing is it already has stood up in court,” he said. “It was approved. The settlement allowed for the (Power 4) conferences to create rules of engagement. The rules were then created based on valid business purpose, a range of compensation and associated entities. A judge has already signed off on this, and there’s arbitration, which is really hard to pierce.”

Bjork favors CFP expansion

Ohio State was a beneficiary of College Football Playoff expansion in 2024. Under the previous four-team system, the Buckeyes wouldn’t have qualified. Already, there has been talk of further expansion from 12 to 14 or 16 teams.

Bjork is in favor of it, though he didn’t specify a number.

“I could go either way,” he said.

Buy Ohio State posters, books, gear from CFP title win

He favors expansion because it would create more opportunities for players to play for a championship. More games also mean more revenue.

“We need more content because that will drive more revenue, that can drive more NIL opportunities for our athletes,” Bjork said.

The SEC and Big Ten, which are the two most powerful leagues, have pushed for several automatic qualifiers from their conferences. If the playoff expands, that could reduce the incentive to keep conference championship games.

“If you’re doing AQ (automatic qualifier) spots with play-in (CFP) games, could there be a different model? I think that’s a conversation that has to continue,” Bjork said.

Bjork still wants flexibility for football game times

Many OSU fans are grumbling about the noon kickoff for the much-anticipated season opener against Texas on Aug. 30, just as they complained about the Buckeyes being scheduled for eight noon games last year.

Bjork told The Dispatch in May that the Buckeyes tried to get the Texas game moved to prime time and even proposed moving the game to Aug. 31. But Texas, as is its right in the game contract, declined to play on a Sunday. Fox, which gets dibs on games for its Big Noon kickoff, wouldn’t budge, either.

“Really, there’s no flexibility in the contracts,” Bjork said. “Fox bought the noon window. CBS bought the afternoon window. NBC has the night window, and the Big Ten Network and Peacock layer into that.

“What we need is more flexibility. We have carried the day for Big Noon. There’s no question about it if you look at the viewership. We understand why Fox went with Big Noon. We understand why we’re picked all the time, but we’re hoping for more flexibility.”

He said Big Ten commissioner Tony Petitti will work with the networks, but he’s not optimistic it will get results.

“Can anything change anytime soon?” Bjork said. “Probably not because those contracts are rigid, and they’re locked in for several years.”

Get more Ohio State football news by listening to our podcasts.

Ohio State football beat writer Bill Rabinowitz can be reached at brabinowitz@dispatch.com or on bluesky at billrabinowitz@bsky.social.



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UConn basketball star Azzi Fudd announces major skincare NIL partnership

Fresh off a National Championship and graduation from UConn, Final Four Most Outstanding Player Azzi Fudd has added a major skincare partnership to her diverse NIL portfolio. Returning to the Huskies for another season with the chance to repeat, Fudd has fully taken the baton from former teammate Paige Bueckers as one of the most […]

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Fresh off a National Championship and graduation from UConn, Final Four Most Outstanding Player Azzi Fudd has added a major skincare partnership to her diverse NIL portfolio.

Returning to the Huskies for another season with the chance to repeat, Fudd has fully taken the baton from former teammate Paige Bueckers as one of the most marketable and NIL-active athletes across the country. The All-Big East First Team member announced a new partnership with Paula’s Choice, as their first college athlete ambassador.

Through multiple Instagram collab posts with the brand, Fudd showcases the ease and efficiency of Paula’s Choice skincare wipes while staying active on the hardwood. In addition to social content, the brand will sponsor Fudd’s upcoming youth basketball camp.

“I’m very new to beauty, skin care, all of that stuff, but a lot of my friends use [Paula’s Choice] and so I’d tried some of their stuff,” Fudd told Glossy. “So when they reached out, I was super excited,”

“They have really amazing products,” Fudd continued. “[It’s a brand I feel good to] put my name next to – something that I can be proud of and not embarrassed by and that I use and want to use.”

As a redshirt junior this past season for UConn, Fudd averaged 13.6 points per game and led the Huskies with a 43.6 three-point field goal percentage. Battling injuries for most of her career, she started 30 games last year and is now positioned for an All-American senior campaign as the team leader, with Bueckers moving onto the WNBA as the Dallas Wings’ top draft selection.

Off the court, she has stared in NIL campaigns with Bueckers – including for Madison Reed, Bose and Oreo – but will certainly now be the face of a variety of brands as she is one of the most followed college basketball players in the country. Her previous partnerships include the likes of Under Armour’s Curry Brand, Raining Cane’s, Turbotax and JanSport, among others.

Fudd currently has a 97 “O2W Score” from Out2Win, the leading AI-powered athlete marketing intelligence platform – making her one of the top brand ambassadors in all of college sports.

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With no players left from last season’s team photo, Baylor begins summer practice with new roster

Associated Press WACO, Texas (AP) — Baylor coach Scott Drew had plenty of players for the first practice of the summer Wednesday, about two months after the team photo from last season was widely circulated on social media with an X marked over all 14 of those players since none was returning to the Bears. […]

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Associated Press

WACO, Texas (AP) — Baylor coach Scott Drew had plenty of players for the first practice of the summer Wednesday, about two months after the team photo from last season was widely circulated on social media with an X marked over all 14 of those players since none was returning to the Bears.

Only four of those players exhausted their college eligibility. Nine others left in the transfer portal and one-and-done guard VJ Edgecombe could become Baylor’s highest pick ever in the NBA draft later this month.

“Guys you didn’t want to lose and were valuable, we haven’t had many that we’ve lost. Whenever you do, that just tears at a coach, because you feel like you didn’t do your job,” Drew said this week. “With the portal, I think we’ve all gotten used to a lot more turnover in a hurry, and not to take things necessarily personal.”

The Bears rebuilt their roster with eight transfers and a four-player signing class with a five-star prospect and the son of a NBA champion. Among the 14 players at the first practice was Cameron Carr, the former Tennessee guard who transferred to Baylor in the middle of last season long after that team photo session.

One of the former Bears was guard Robert Wright, who averaged 11.5 points and 4.2 assists a game as a freshman last season and had reportedly agreed to a lucrative NIL deal to stay before transferring to BYU for an even bigger package.

“You know people are going to leave. Rob, obviously, was someone we had an agreement with. When you make an agreement, you think you’re done,” Drew said, without getting into any specifics. “Obviously that was a surprise to us, but again, the staff did a great job of putting together a roster and team. That’s part of, hopefully, the House settlement, where you get to a point where you know who’s on your team and when they’re locked in, they’re locked in.”

The eight incoming transfers have more than 500 of games played combined, including guards Dan Skillings, who played 100 games over three years for Cincinnati, and JJ White, who started 75 of 99 games at Omaha over the same period. Juslin Bodo Bodo is a 7-foot post from Cameroon, started all 71 of his games for NCAA Tournament team High Point the past two seasons. Obi Agbim, a 6-3 guard, was the Mountain West newcomer of the year after averaging 17.6 points and 3.4 assists in 29 games last season for Wyoming.

Five-star prospect Tounde Yessoufou, a small forward from St. Joseph High School in California, leads the signing class that also includes Andre Iguodala II, whose father was a four-time champion over 19 NBA seasons with four teams; Italian forward Maikcol Perez and big man May Soyoye.

Baylor, Gonzaga and Houston are the only teams to win at least one game in each of the past six NCAA Tournaments, though the Bears have lost in the second round the past four years since their national championship in 2021.

Drew and his staff will get an early look at the new squad with Baylor representing the United States at the World University Games next month in Germany.

“Any year you get a foreign tour, it’s huge. … Since we’re returning 0.0 (percent of our) scoring, this give us all an opportunity,” Drew said. “The games will be good for those that can play in it. But the practices will be great for everyone. And then, the one thing everybody leaves out is you do these team-bonding activities. There’s nothing better than being overseas, that really brings you together a lot more than when you have all the distractions you do in the United States.”

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AP college basketball: https://apnews.com/hub/college-basketball




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Why Nevada feels like it is well positioned to pay athletes in NCAA’s new era

The NCAA enters a new era of college athletics July 1 when schools can directly pay players, and the Nevada Wolf Pack feels prepared for the moment. The House vs. NCAA settlement’s approval Friday gives the green light to schools to share up to $20.5 million in revenue annually with its athletes. That’s in addition […]

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The NCAA enters a new era of college athletics July 1 when schools can directly pay players, and the Nevada Wolf Pack feels prepared for the moment.

The House vs. NCAA settlement’s approval Friday gives the green light to schools to share up to $20.5 million in revenue annually with its athletes. That’s in addition to NIL deals outside of the athletic department’s purview.

While this is a great financial development for athletes who for decades were unpaid labor, it presents a major challenge for schools to create additional revenue to pay athletes or lose them to schools that can do so. But Wolf Pack athletic director Stephanie Rempe said Nevada has been preparing for this moment and is ready to participate in revenue sharing in 2025-26. The Wolf Pack’s goal is to pay athletes at least $5 million next year in combined revenue sharing and NIL deals.

“We’ve been planning for it for a long time, and now it’s here,” Rempe said. “There hasn’t been any surprises, and everything that we need to get this done has been happening. It’s not like all of a sudden something happened and we’ve got to pivot. I know that will happen where we’ll have to pivot over time. But we’re going to be prepared in July to start paying some level of rev share. We’ll still have NIL deals outside of the department that have to go through Deloitte. We are still figuring out what we’re going to pay, how much we’re gonna pay, who we’re gonna pay. And some of that has to do with finalizing our FY26 budget. But we are committed to playing in the space and being competitive.”

The settlement’s $20.5 million per school figure was based off 22 percent of the average revenue of Power 5 schools. Using that formula, 22 percent of Nevada’s revenue is roughly $4.5 million with the Wolf Pack believing a $5 million budget to pay athletes will be competitive in the Mountain West (Nevada could pay up to $20.5 million like every other Division I school).

Rempe held a coaches meeting Monday to go over Friday’s developments and has laid down the initial groundwork for paying athletes. Internally, there’s sure to be battles across the nation between coaches and programs looking to get the biggest possible piece of that $20.5 million pie. Rempe said the Wolf Pack will try and avoid any friction by being transparent about where it’s at and what it can accomplish in the revenue-sharing space.

“It is a concern, but I think we have remarkable coaches,” Rempe said of potential in-fighting. “I’m big on transparency. I’m not going to hide anything. The nice part is we’re all being transparent. We’ve having really good dialog with our coaches about NIL deals versus what they need from us in rev share to be competitive with their peers. They’re constantly trying to understand what our competitors have for rev share and NIL. We are trying to compete in that space.”

While NIL deals have been shrouded in secrecy to this point, it’s believed Wolf Pack men’s basketball has received the majority of the local NIL support in recruiting and retention, with GSR owner Alex Meruelo recently saying he donates $1 million per year to Nevada basketball’s NIL budget. That will continue, which is a boost for the Wolf Pack as it aims for that $5 million total payout in the first year of revenue sharing.

“There’s no secret that men’s basketball has had some pretty significant NIL deals outside of revenue sharing,” Rempe said. “Obviously everybody knows the GSR has been incredibly supportive of our NIL for men’s basketball, and that’s not changing. When you have one place that gives $1 million, that takes a lot of pressure off us because it’s $1 million that’s going to basketball that we didn’t have to go out and raise.”

With Nevada posting a budget of nearly $54 million in fiscal year 2024, a $5 million revenue share goal is nearly 10 percent of the Wolf Pack’s most recent budget (and Nevada ran a deficit of almost $600,000 last year). Finding a way to generate more revenue to share with athletes won’t be easy, but one thing Nevada is not interested in at the moment is tapping into private equity to get a short-term cash infusion. Boise State, meanwhile, is pursuing private equity with athletic director Jeremiah Dickey saying he expects to have a deal in place inside six months.

Additionally, as part of the House settlement, schools owe nearly $2.8 billion in back-pay damages to former athletes, with Nevada’s cut of that expected to be around $550,000 per year, which will be taken out of its annual NCAA distribution, which last year was $1,744,880. Rempe said revenue that will be shared with athletes will come from a variety of pots but must be earned revenue with no expectation it will come from university or state funds.

“A combination of a lot of things,” Rempe said of creating more revenue. “Some of it is NIL in the community. Learfield is adding a position who’s sole focus is NIL. It’s executing deals that are already done and going out and getting more deals. That is happening. We’re super excited about that. The second way is cost savings. For instance, (football) Coach (Jeff) Choate going from a roster of 120 to a roster 105 is saving. So, we might to be able to put savings back into rev share. We are fundraising for rev share. Growing revenue, cost cutting, NIL deals off our books, philanthropy, ticket sales, hopefully getting to rev share through Learfield, licensing money, operational efficiencies. It’s all of that.”

Nevada also is well down the road, Rempe said, on having contracts drafted for revenue sharing that include the length of the deal, payout schedule, incentives and potential claw backs if athletes transfer to another school. These contracts will not make the athletes employees of the school but provide more structure than the current NIL landscape.

“We’re basically making these contracts where we will have non-exclusive rights to their NIL,” Rempe said. “Bringing it in-house, it puts in place some guardrails for us, some guardrails for the kids, some clarity. You’re not gonna have the same issues that you have when its run externally.”

Nationally, most of the revenue-sharing money is expected to go to football and men’s basketball players, the two primary revenue drivers in college athletes. That could cause a Title IX issue, with a group of female athletes, per Front Office Sports, already appealing the House settlement, saying the back pay element of the agreement violates Title IX’s gender-equity statute. Rempe said a formula for which sports and which athletes Nevada will pay has not been finalized. But she continues to press the importance of revenue sharing with local boosters and businesses.

“Some people don’t like NIL,” Rempe said. “Some donors don’t want to give to NIL externally. But now that you can do it in-house, people can give to the Wolf Pack Athletic Association and know they can earmark it to go to rev share and our job is to be competitive and to continue to figure out how we’re gonna be able to pay student-athletes.”

One additional wrinkle to the post-House era in college is NIL deals must be approved by a national clearinghouse if the deal exceeds $600. The system, dubbed NIL Go, will be run by Deloitte, which will engage in a three-step process that includes (1) payor association verification; (2) valid business purpose verification; and (3) range of compensation analysis, the final step employing a 12-point analysis to assess whether the compensation aligns with similarly situated individuals in comparable NIL deals. While those could be legally challenged, the new era of player compensation is getting more structure, which Rempe called a positive development.

“I think this gives us the ability to bring it in-house to create some level of clarity, consistency and control over things,” Rempe said. “It’s been really hard for our coaches when it was outside of the university. And it’s hard for us because we’re watching it and for a long time we couldn’t really be involved. Bringing it in-house creates clarity and consistency and there are safety measures that help protect the kids and the coaches. I think that is a positive.

“The fact that the NIL deals will be scrutinized, you’d like to think there will be some controls. The way it’s been for the past several years, everything becomes lawsuits. You can’t rely on any decisions that are made because somebody’s going to get sued, which makes it really hard. There’s the positive of bringing it in-house, but then the pressure is on us to figure out a way to generate the revenue.”



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