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Tuberville warns NIL deals create chaos in college sports without national rules

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Tuberville warns NIL deals create chaos in college sports without national rules

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As a former college football coach for 40 years, I’ve witnessed firsthand the transformative power of college sports in shaping young lives. From the locker room to the classroom, athletics instill discipline, teamwork and resilience — values that extend far beyond the field. But ever since the Supreme Court ruled that college athletes can be compensated for the use of their Name, Image and Likeness (NIL), college sports have been in a tailspin.  

While I’m all for players making money, we need to create national standards to protect the integrity of college sports. Because there are no national rules for NIL contracts, every state has passed its own laws. This patchwork of laws has created an uneven playing field and given some universities advantages over their competitors.  

We now have pay-to-play as bidding wars for recruits are starting in middle and high school. This is not to mention the transfer portal, which has become a revolving door with student-athletes jumping from school to school in pursuit of more money.  

TRUMP CONSIDERING EXECUTIVE ORDER TO REGULATE NIL AFTER MEETING WITH NICK SABAN: REPORT

For example, the men’s basketball teams at Kentucky, Duke and the University of North Carolina are preparing for their entire rosters to change in the upcoming 2025-26 season. This is not only bad for team culture, it’s also having negative impacts on the student-athletes’ educations, which is what college athletics is supposed to be all about.  

Nico Iamaleava throws ball

Tennessee quarterback Nico Iamaleava (8) left the team to pursue a better NIL deal. FILE: Iamaleava throws the ball during the first quarter at FirstBank Stadium in Nashville, Tenn., Saturday, Nov. 30, 2024. (IMAGN)

I’ve been working to try to address these issues since I got to the Senate in 2021. Last Congress, West Virginia Independent Senator Joe Manchin and I introduced the “Protecting Athletes, Schools, and Sports Act” (PASS Act). This bipartisan legislation would establish a national standard for NIL contracts, ensuring consistency and fairness across all institutions.  

The PASS Act would also require universities to honor the original scholarship made to student-athletes, regardless of their NIL deal status, and provide stability by moderating eligibility for the transfer portal.  

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Importantly, this was not just our bill — we worked with student athletes, coaches, athletics directors and parents to draft it. Unfortunately, Democrats, who had the majority at the time, refused to bring the bill to the floor for a vote.  

SEN TUBERVILLE PREVIEWS NIL MEETING WITH TRUMP, SAYS DEMOCRATS ‘DON’T CARE’ ABOUT COLLEGE SPORTS

Thankfully, President Donald Trump — a notorious sports fan — is looking to get involved. A few weeks ago, I had the chance to talk to him about our fight to preserve college sports while on Air Force One headed to Tuscaloosa, Alabama. He was particularly focused on protecting women’s and Olympic sports, which are sadly in danger of being eliminated at some schools who don’t have enough money to play players.  

He was also focused on preserving education, ensuring antitrust protections are in place, and protecting women’s and Olympic sports, which are sadly being eliminated at some schools that don’t have enough money to pay players. In typical Trump fashion, he sprang into action.  

Following our conversation, the White House began exploring ways, ranging from an executive order to a federal commission, to address the most pressing issues within college athletics. By hearing from key stakeholders, including my friends former Coach Nick Saban from Alabama and former NFL player and Chairman of the Board of Regents of the Texas Tech University System Cody Campbell, the Trump administration is working to gather possible solutions that address the complexities of NIL and its impact on college sports.  

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Regardless of which path Trump chooses to address the current state of college sports, I’m confident that his administration — which has already proven to be both effective and unafraid to shake up the status quo — can make meaningful reforms to make sure college sports remain intact. 

NCAA POWER FOUR COMMISSIONERS SAY THEY ‘NEED HELP FROM CONGRESS’ TO REGULATE NIL, TRANSFER PORTAL

Meanwhile, I’ll continue to work with my colleagues to hopefully draft legislation that could pass both chambers. The challenges facing college sports today are formidable, but not insurmountable. With President Trump’s leadership and a unified approach, we can navigate this new era while preserving the integrity and spirit of collegiate athletics. 

CLICK HERE TO READ MORE FROM SEN. TOMMY TUBERVILLE

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The new college sports agency is rejecting some athlete NIL deals with donor-backed collectives

The new agency in charge of regulating name, image, likeness deals in college sports sent a letter to schools Thursday saying it had rejected deals between players and donor-backed collectives formed over the past several years to funnel money to athletes or their schools. Those arrangements hold no “valid business purpose,” the memo said, and […]

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The new agency in charge of regulating name, image, likeness deals in college sports sent a letter to schools Thursday saying it had rejected deals between players and donor-backed collectives formed over the past several years to funnel money to athletes or their schools.

Those arrangements hold no “valid business purpose,” the memo said, and don’t adhere to rules that call for outside NIL deals to be between players and companies that provide goods or services to the general public for profit.

The letter to Division I athletic directors could be the next step in shuttering today’s version of the collective, groups that are closely affiliated with schools and that, in the early days of NIL after July 2021, proved the most efficient way for schools to indirectly cut deals with players.

Since then, the landscape has changed yet again with the $2.8 billion House settlement that allows schools to pay the players directly as of July 1.

Already, collectives affiliated with Colorado, Alabama, Notre Dame, Georgia and others have announced they’re shutting down. Georgia, Ohio State and Illinois are among those that have announced plans with Learfield, a media and technology company with decades of licensing and other experience across college athletics, to help arrange NIL deals.

Outside deals between athlete and sponsor are still permitted, but any worth $600 or more have to be vetted by a clearinghouse called NIL Go that was established with the help of auditing giant Deloitte and run by the new College Sports Commission.

In its letter to the ADs, the CSC said more than 1,500 deals have been cleared since NIL Go launched on June 11, “ranging in value from three figures to seven figures.” More than 12,000 athletes and 1,100 institutional users have registered to use the system.

Georgia's Olivia Smoliga swims to a first-place finish in the...

Georgia’s Olivia Smoliga swims to a first-place finish in the 100-yard freestyle at the NCAA women’s swimming and diving championships at Georgia Tech, March 19, 2016, in Atlanta. Credit: AP/David Goldman

But the bulk of the letter explained that many deals could not be cleared because they did not conform to an NCAA rule that sets a “valid business purpose” standard for deals to be approved.

The letter explained that if a collective reaches a deal with an athlete to appear on behalf of the collective, which charges an admission fee, the standard is not met because the purpose of the event is to raise money to pay athletes, not to provide goods or services available to the general public for profit.

The same would apply to a deal an athlete makes to sell merchandise to raise money to pay that player because the purpose of “selling merchandise is to raise money to pay that student-athlete and potentially other student-athletes at a particular school or schools, which is not a valid business purpose” according to the NCAA rule.

Sports attorney Darren Heitner, who deals in NIL, said the guidance “could disproportionately burden collectives that are already committed to spending money on players for multiple years to come.”

Texas State takes the field against Louisiana Monroe during an...

Texas State takes the field against Louisiana Monroe during an NCAA football game, Oct. 14, 2023, in San Marcos Texas. Credit: AP

“If a pattern of rejections results from collective deals submitted to Deloitte, it may invite legal scrutiny under antitrust principles,” he said.

On a separate track, some college sports leaders, including the NCAA, are seeking a limited form of antitrust protection from Congress.

The letter said a NIL deal could be approved if, for instance, the businesses paying the players had a broader purpose than simply acting as a collective. The letter uses a golf course or apparel company as examples.

“In other words, NIL collectives may act as marketing agencies that match student-athletes with businesses that have a valid business purpose and seek to use the student’s NIL to promote their businesses,” the letter said.



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Paul Finebaum tells Deion Sanders to ‘stick to coaching’ after calling for college football salary cap

The House settlement hasn’t yet been in place for a full college season. Already, however, coaches around the country are looking for a solution to fix issues they see with revenue sharing. That now includes Colorado Buffaloes head coach Deion Sanders. At Big 12 media days, Sanders suggested putting a cap on rev-share, raising some […]

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The House settlement hasn’t yet been in place for a full college season. Already, however, coaches around the country are looking for a solution to fix issues they see with revenue sharing. That now includes Colorado Buffaloes head coach Deion Sanders.

At Big 12 media days, Sanders suggested putting a cap on rev-share, raising some eyebrows in the process. In the wake of those comments, Paul Finebaum and Greg McElroy appeared on Get Up. There, Finebaum boldly told Sanders to stick to coaching.

“Right now, there’s so many issues in college football that getting to a cap,” Finebaum said. “It may happen one day, but I think they need to solve some more basic problems first.”

Finebaum notably thinks that Sanders’ argument would be different if he still had some of last season’s stars on his team. So, the messaging is likely based on what would be best for Colorado right now.

“I just love Deion for a lot of reasons,” Finebaum said. “But especially how he just changes the narrative depending on who is on his team. I mean, those two guys that he had last year, Shedeur [Sanders] and Travis [Hunter], could have left and broken everybody’s bank, and would have had he not had that hold over them. So I just think Deion needs to stick to coaching football. Let the college football leaders screw up the game the way they have already.”

The House settlement allows for revenue sharing of up to $20.5 million with athletes at a given school. How that money is divided and if the school spends the entire amount is up to the school. However, in most cases, football will receive the majority of the funding.

On top of that, House also looks to set a fair market on NIL spending. NIL deals above $600 will need third-party approval and will be sent to a new clearinghouse called NIL Go. There is also a new enforcement agency in place called the College Sports Commission

“It’s just unrealistic at this point. I do think at some point there’ll be donor fatigue. I do think at some point, there will be more parameters in place,” Greg McElroy said. “And I’m cautiously optimistic that there will be competitive balance across the college football landscape. But the reality is, college football has never been fair. It’s like Major League Baseball. That’s what it is. I mean, we don’t live in the salary cap world in college football. Those with resources that can spend, win.”

McElroy looked to emphasize his comparison by explaining that the deepest pockets don’t always win. Upsets do happen. So, even if Sanders and Colorado aren’t the richest program, there are still opportunities on the field.

“The good news is, just like in baseball, the Yankees don’t win the World Series every year. The Tampa Bay Rays, who have one of the smallest payrolls, compete in the playoffs regularly,” McElroy said. “And are, at times, much better than those of their big-spending counterparts in the Red Sox and the Yankees. So I think college football, yes, it’s nice to have resources, but it can also work against you. Texas has just one national championship since 1970 and they have the deepest pockets in the land. So I think that, yes, it’s nice to have money, but at the end of the day, it doesn’t necessarily always equate to success on the field.”

Deion Sanders explained why he wanted to see a rev-share cap by pointing to last season’s national champions, the  Ohio State Buckeyes. In particular, he looked at headlines that their roster was worth upwards of $20 million.

“I wish there was a cap. Like, the top-of-the-line player makes this and if you’re not that type of guy, you know you’re not going to make that. That’s what the NFL does. The problem is, you’ve got a guy that’s not that darn good, but he could go to another school and they give him another half a million dollars. You can’t compete with that. It don’t make sense,” Sanders said.

“You talk about equality … all you have to do is look at the playoffs and see what those teams spent, and you understand darn near why they’re in the playoffs. It’s kind of hard to compete with somebody who’s giving $25, $30 million to a darn freshman class. It’s crazy.”



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Calipari speaks on never ending changes in college basketball

FAYETTEVILLE, Ark. — Arkansas recently hired general manager Remy Cofield to oversee all 19 sports, including basketball. That’s where Cofield’s experience is, he spent 12 seasons with the Boston Celtics, including nearly 5 years as the director of scouting. In the university’s press release, Cofield’s role was described as follows: “Oversee the strategic allocation of […]

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FAYETTEVILLE, Ark. — Arkansas recently hired general manager Remy Cofield to oversee all 19 sports, including basketball. That’s where Cofield’s experience is, he spent 12 seasons with the Boston Celtics, including nearly 5 years as the director of scouting.

In the university’s press release, Cofield’s role was described as follows:

“Oversee the strategic allocation of department and affiliate resources to support Razorback head coaches in the acquisition and retention of championship-caliber athletic talent,” the university said in a statement. “He will lead player contract negotiations and collaborate with head coaches, recruiting coordinators and administrative staff in implementing each program’s strategic vision.”

Calipari struck a different tune when talking to media for the first time Wednesday. He seemed to be ushering Cofield towards the other 18 sports on campus and away from the one in which he has the most experience.

“I know all these agents,” Calipari said. “I was in the NBA for a while. I know them, my staff knows them. Who’s going to evaluate the player? Me. So now I’m like, yes, can you get us deals, can you get NIL deals, can you turn us on to that kind of stuff. Absolutely I want him involved in those things. But to evaluate players, what’s a kid’s value to his team? I got to do that.”

It’s been 25 years since Calipari held a position in the NBA. He was the assistant coach for the Philadelphia 76ers in from 1999-2000 before returning to college ever since with Memphis.

“’It’s more so just trying to get some time when he has time [so] that we can sit down over the summertime.” Cofield said on June 25. “He’s been busy the entire last nine months, so everybody’s trying to get away from it all. His coaching staff has been really open to me in a lot of different ways to have very open and honest conversations.”

New Razorbacks general manager Remy Cofield taking a question from reporters

New Arkansas Razorbacks general manager Remy Cofield taking a question from reporters at first press conference Thursday at the Broyles Center in Fayetteville, Ark. / Zoom photo

Calipari also asked for sweeping changes with the way the transfer portal and the landscape of college sports. For one, the uncertainty still looms large over the sport.

“For anybody to know where this is going – they’re lying,” Calipari said. “For anybody to tell a family ‘we’re going to do this and we’re going to do this too, and this,’ they’re lying. Cause none of us know.”

The rule governing the transfer portal right now is in that there are no rules. Players are able to transfer as many times as they wish without penalty, something that Calipari believes not only creates chaos when building a roster, but is detrimental to most kids long-term futures, especially for kids who end up going to a new school each year.

“No college education [because of the transferring],” Calipari said. “They go for a job, they’re offered 55 thousand to start, and what do they say? ‘What? I was making 250. Do I have to go to work? Do you get me a car? Can I have an apartment?’ Okay, all I know is when you go from poor to having some money back to poor, now we’re talking mental health issues.”

Razorbacks coach John Calipari at practice at the Eddie Sutton Practice Center

Arkansas Razorbacks coach John Calipari at practice at the Eddie Sutton Practice Center in Fayetteville, Ark. / Andy Hodges-Hogs on SI Images

Less than 24 hours after Calipari spoke, there’s been action in the Congress with the best chance at sweeping NIL and transfer portal legislation. The SCORE ACT, officially introduced Thursday, has both Republican and Democrat sponsorship.

According to a press release, the bill “establishes a uniform NIL standard for institutions and governing bodies and clarifies rulemaking authorities regarding eligibility, transfer timelines and compensation caps.”

The changes will keep coming, but for now, Calipari will take his team of six returners, seven first-year players and two transfers into his second year as Arkansas coach.



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Joe Castiglione reveals how much his job changed with transfer portal, NIL

When Joe Castiglione was hired at Oklahoma at athletic director in 1998, there was no way for him to predict how much the NCAA landscape would change during what will end up being a three-decade tenure in Norman. Particularly, in the last decade of his tenure with the implementation of NIL and the NCAA transfer […]

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When Joe Castiglione was hired at Oklahoma at athletic director in 1998, there was no way for him to predict how much the NCAA landscape would change during what will end up being a three-decade tenure in Norman. Particularly, in the last decade of his tenure with the implementation of NIL and the NCAA transfer portal.

Castiglione has overseen 26 of Oklahoma’s 45 total national championships, and is OU’s longest-serving AD. He positioned the Sooners for long-term success since the beginning his tenure, and it’s followed into the new era of college athletics. Under his guidance, Oklahoma seen at least one team compete for a national championship in each of the last 12 years.

“One of the most challenging parts of the period that we’re in is, there’s never been a moment like it. Not only in college athletics, I think you could look across various industries, they all go through some moment of disruption and change,” Catsiglione said. “And the ones that see the future, that adapt, pivot, be flexible, those are the ones that navigated, not only survived, but become stronger when they get on the other side.”

The Sooners have done just that, positioning themselves to be at the forefront of college athletics for years to come after aligning with the Southeastern Conference alongside Texas ahead of the 2024-25 academic calendar year. The move came just weeks after it was ruled that athletes could begin compensating from their name, image and likeness.

“We have to be uncomfortable with the uncomfortable period that we’re in, and that’s where we are,” he continued. “So if you’re not willing to lean into it, get scarred up, nicked up and try to find the solutions that are necessary in this moment in time where we’re still not structured the way we should be, … realize sometimes that you don’t have full control of everything, but you better exert as much as you can. Lean into the future and don’t be afraid to be a change agent.”

Those at the forefront of college athletics are the ones who are able to adapt to the current state of college athletics. With just under three years to find Castiglione’s successor, adaptability is likely a quality the Sooners will be looking for in their next athletic director.

“However you want to define the the skills of the next AD, you better be a leader that can lean in, accept and effectuate change of the future,” Castiglione said. “Because if the people in the business don’t do the leading, then who is?”



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Powell Cracks Mid-Major Top 100 Player Rankings

Story Links Rock Hill, S.C. – D1 Softball announced its 2025 Mid-Major D100 Player Rankings and Winthrop standout Megan Powell was ranked 97th.   Powell adds more recognition to a season that saw her voted as the 2025 Big South Conference Player of the Year. Powell was also an All-Big […]

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Rock Hill, S.C. – D1 Softball announced its 2025 Mid-Major D100 Player Rankings and Winthrop standout Megan Powell was ranked 97th.
 
Powell adds more recognition to a season that saw her voted as the 2025 Big South Conference Player of the Year. Powell was also an All-Big South First Team selection, NFCA All-Region Selection and was named to the Big South All-Tournament Team. She also earned academic recognition as she was named to the College Sports Communicators Academic All-District Team.
 
This year she led the team with a .333 average to go along with 27 runs, seven doubles, 10 home runs, 35 RBI, 22 walks and an on-base percentage of .425. In the circle she was 16-12 with a 2.15 ERA, 16 complete games, five shutouts and 122 strikeouts in 163 innings. She also held an opposing batting average of .206.
 
Powell was 1-of-2 Big South Conference players recognized, joining Radford’s Dakota Redmon on the list.  
 
The Top 100 rankings list can be found here.
 
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For everything Winthrop softball visit www.winthropeagles.com or follow us on social media @Winthropsoftbal, winthropsoftball (Instagram) or www.facebook.com/Winthrop-Softball



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House attorneys argue plan to vet NIL collective deals violates settlement

The attorneys who negotiated a $2.8 billion lawsuit settlement with the NCAA and four power conferences took issue Friday with the way college sports’ new enforcement body plans to vet name, image and likeness payments to athletes from school-affiliated collectives. In a letter to the power conferences and NCAA, obtained by The Athletic, attorneys Jeffrey […]

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House attorneys argue plan to vet NIL collective deals violates settlement

The attorneys who negotiated a $2.8 billion lawsuit settlement with the NCAA and four power conferences took issue Friday with the way college sports’ new enforcement body plans to vet name, image and likeness payments to athletes from school-affiliated collectives.

In a letter to the power conferences and NCAA, obtained by The Athletic, attorneys Jeffrey Kessler and Steve Berman stated that the guidance the College Sports Commission (CSC) issued Thursday violates the terms of the settlement and that it should treat collectives the same as any other third-party business.

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“While we want to continue to work together to implement the Settlement Agreement in a cooperative fashion, this process is undermined when the CSC goes off the reservation and issues directions to the schools that are not consistent with the Settlement agreement terms,” the letter said.

Yahoo! Sports first reported the plaintiffs’ attorneys’ letter.

“We urge the CSC to retract the July CSC Memorandum and clarify that the valid business purpose requirement applies to NIL collectives in the same manner as any other entity,” the letter said. “If the CSC does not retract the statement, Class Counsel will have no choice but to pursue relief from the Special Master as the July CSC Memorandum is already causing injury to class members.”

Kessler declined to comment when The Athletic contacted him.

Earlier Friday, the judge overseeing the settlement approved about $750 million in fees for the NCAA and conferences to pay the plaintiffs’ attorneys.

The recently approved House settlement, which took effect on July 1, established a clearinghouse, called NIL Go, that must approve all third-party deals over $600. The two main requirements for those deals are that they’re for a “valid business purpose” and fit within a fair market “range of compensation.”

Officials created those rules to prevent schools from utilizing booster-driven entities to funnel payments to recruits and transfers as a way to work around the $20.5 million revenue-sharing cap.

“The guidance issued by the College Sports Commission yesterday is entirely consistent with the House settlement and the rules that have been agreed upon with Class Counsel. The defendants have been in close coordination with Class Counsel on the key provisions in the memo and will continue to work with them to resolve any concerns they may have,” the CSC said in a statement.

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Officials for the Southeastern Conference, Big Ten, Big 12 and Atlantic Coast Conference established the CSC to oversee the revenue-sharing system the settlement created. Schools will be able to directly pay their athletes up to $20.5 million this year.

The NCAA has no involvement with the CSC, enforcement of rules related to the revenue-sharing system or the approval of NIL deals.

Guidance the CSC issued Thursday said “an entity with a business purpose of providing payments or benefits to student-athletes or institutions, rather than providing goods or services to the general public for profit, does not satisfy the valid business purpose requirement set forth in NCAA Rule 22.1.3.”

It then cited an example of a collective that “reach(es) a deal with a student-athlete to make an appearance on behalf of the collective at an event, even if that event is open to the general public, and the collective charges an admission fee (e.g., a golf tournament). … The same collective’s deal with a student-athlete to promote the collective’s sale of merchandise to the public would not satisfy the valid business purpose requirement for the same reason.”

“Today’s commentary from the College Sports Commission regarding ‘true NIL’ and ‘valid business purposes’ is not only misguided but deeply dismissive of the collective organizations and the tens of thousands of fans and donors who fuel them,” The Collective Association, a trade group of prominent collectives from around the country, said in a statement. “Any attempt to delegitimize the role collectives play in today’s collegiate athletics landscape ignores both legal precedent and economic reality.”

In the four years since NIL payments began in 2021, collectives affiliated with specific schools have made hundreds of millions in deals with athletes just like those the CSC described in its examples. They pool funds from donors and boosters and use them to license the NIL rights of specific athletes in exchange for appearances and social media posts.

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“There is nothing in the Settlement Agreement to permit Defendants or the CSC, acting on their behalf, to decide that it would not be a valid business purpose for a school’s collective to engage in for-profit promotions of goods or services using paid-for student-athlete NIL,” the letter said.

(Photo: Isaiah Vazquez / Getty Images)

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