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Client Alert: NCAA House Settlement Approved | Whiteford

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On Friday, June 6, 2025, US District Judge Claudia Wilken of the United States District Court, Northern District of California, Oakland Division, finally approved the $2.8 billion settlement agreement arising from Case No. 4:20-cv-03919-CW In re: College Athlete NIL Litigation (“Settlement Agreement”), a class action lawsuit against the NCAA and the Power Five Conferences challenging their rules restricting payments to student-athletes, including payments related to student-athletes names, images, and likenesses (NIL) for commercial purposes. The Settlement Agreement will reshape college sports by allowing universities to pay student-athletes directly starting July 1, 2025, effectively ending the NCAA’s longstanding argument that student-athletes are amateurs and should, therefore, not be paid.

  1. Background
This class action began as three separate antitrust lawsuits, House v. NCAA (“House”), Hubbard v. NCAA (“Hubbard”), and Carter v. NCAA (“Carter”), each filed against the NCAA and the Power Five conferences challenging their rules prohibiting college athletes from receiving compensation.[1] The House case challenged the NCAA and the Power Five conferences’ rules barring student-athletes from receiving compensation for the use of their NIL, while Hubbard and Carter both challenged the NCAA and Power Five conferences’ rules prohibiting payments and certain education-related benefits for athletes’ services.[2] All three of these lawsuits were consolidated into In re College Athlete NIL Litigation alleging that these prohibitions violated antitrust law.[3]

This settlement comes on the heels of the landmark decision in In re Athletic Grant-in-Aid Cap Antitrust Litigation (“Alston”) in which the same United States District Court, Northern District of California, Oakland Division, struck down the NCAA’s rules that limited the amount of education-related compensation and benefits that could be paid by colleges to student-athletes; a decision that was later upheld by the Ninth Circuit and affirmed by the Supreme Court.[4]

  1. Settlement Terms

The terms of the settlement included a release of claims by the class members in exchange for, among other terms, payment of back damages by the NCAA and the Power Five conferences in the amount of $2.8 billion to those class members, revenue sharing by colleges directly with student-athletes, and certain rule changes in the NCAA and the Power Five conferences allowing for payment directly from the universities. More specifically, the terms include:

  1. Release of Claims
In an effort to limit the amount of antitrust legislation brought against the NCAA in this new era of NIL, the Settlement Agreement provides that all class members who did not opt out of the Settlement Agreement, by entering into the Settlement Agreement, agree to release all claims and actions that could be brought against the NCAA and the Power Five conferences related to NCAA or conference rules about money and benefits that could be provided to the student-athletes for a period of 10 years.[5] The class members to the approved Settlement Agreement include (i) all student-athletes competing in Division 1 athletics between June 15, 2020 and ten academic years following the date of the final approval, (ii) all student-athletes who received full scholarships and competed on a Division 1, Power Five conference, men’s college basketball team or FBS football team, and who were eligible between June 15, 2016 and September 15, 2024, (iii) all student-athletes who received full scholarships and competed on a Division 1, Power Five conference, women’s basketball team and who were eligible between June 15, 2016 through September 15, 2024, and (iv) all student-athletes who competed on a Division 1 athletic team and who were eligible between June 15, 2016 through September 15, 2024.[6]
  1. Change in Payment Rules

In exchange for the release of the claims by the class members, the NCAA and Power Five conferences agreed to change certain rules restricting payments made to college athletes, both from the institutions themselves, and from third parties. The rule changes include:

  1. Changing the NCAA Division 1 and Power Five conferences’ rules to allow payments to student-athletes, so long as they are consistent with the limitations of the Settlement Agreement.[7]
  2. Allowing Division 1 colleges and Division 1 student-athletes to enter into licensing and endorsement agreements for the use of that student athlete’s NIL, institutional brand promotion, or other rights, provided that the agreement is not for the right to use a student athlete’s NIL for a broadcast of college games.[8] This licensing or endorsement agreement may not extend for longer than the student-athletes eligibility to participate in NCAA sports.[9]
  3. Prohibiting the NCAA from having any rules prohibiting student-athletes from receiving payments from third parties for NIL, as long as the student-athletes adhere to the reporting requirements under the Settlement Agreement.[10]
  4. Requiring Division 1 student-athletes to report to their respective colleges, the NCAA and/or a third-party clearinghouse run by the accounting firm Deloitte any and all third-party NIL contracts or payments with a total value of six hundred dollars ($600) or more.[11] The clearinghouse will be responsible for assessing the fair market value of transaction by using data from past endorsement deals signed by college and professional athletes to determine if the payment should be considered “pay-for-play.”[12]
  5. Requiring each Power Five conference school, and all non-Power Five schools who choose to provide payments or benefits under this Agreement, to report each NIL contract or payment reported to the college and any agreement between the student-athlete and the college.[13]
  1. Back Damages
In addition to the rule changes, the NCAA agreed to pay back damages in the amount of $2.8 billion to the class members who were restricted from earning compensation off of their NIL dating back to 2016. This payment will be distributed in annual installments over the course of ten years.[14]
  1. Revenue Sharing by the Schools
The Settlement Agreement also allows, but does not require, Division 1 colleges to distribute additional payments or benefits to student-athletes above existing scholarships.[15] The additional payments amount to 22% (or $20.5 million projected in the first year) of the shared revenue received by each college each year earned through media rights, ticket sales, sponsorships, and other sources of revenue.[16] Third-party payments secured for the student-athletes do not count against the amount of money that may be distributed by the colleges to the student-athletes.[17]
  1. Roster Limits
The draft Settlement Agreement eliminated scholarship limits in Division 1 programs but instead imposed roster limits in order to control the sizes of Division 1 teams.[18] After hearing several complaints surrounding the roster limits, Judge Wilken required the parties to agree on an alternative solution prior to approving the Settlement Agreement that would guarantee that no athletes would lose their roster spots. The solution allows schools, but does not require schools, to give players their roster spots back whose spots were cut due to the Settlement Agreement. Some examples of the roster limits imposed are 105 for football, 15 for men’s and women’s basketball, 48 for men’s lacrosse, 38 for women’s lacrosse, and 28 for men’s and women’s soccer.[19] This could include more scholarships for players but will limit the roster spots for walk-ons or partial scholarship athletes.
  1. Opposition

Several athletes spoke out against the Settlement Agreement at an approval hearing held on April 7, 2025, before Judge Wilken. The objections included arguments that settlement payments are inaccurate and lack transparency with how they are calculated, challenges to the imposed roster limits, arguing that they would unfairly reduce opportunities for athletes, and concerns over the disproportionate financial distributions to football and basketball over Olympic sports. One notable objection came from Livvy Dunne, a gymnast from Louisiana State University, and one of the most profitable athletes in the NIL era, who argued that some calculations of damages were not accurate based on the value of some of the more profitable athletes lost. Several other athletes argued that the roster limits would create less opportunities for student-athletes who would have otherwise had opportunities on college sports teams.

There is also outspoken opposition to the implementation of a clearinghouse to determine whether payment to an athlete can correctly determine a student athlete’s fair market value. Several coaches have expressed their skepticism or come out against the NCAA outsourcing the enforcement of payments directly to athletes.[20]
  1. Open Questions
Despite this Settlement Agreement bringing much needed structure to the landscape of NIL, there are still several unanswered questions regarding the future of paying student-athletes in college sports. Judge Wilken most notably stated that this class action is neither a Title IX case nor a labor and employment case and specifically stipulated that the Settlement Agreement does not preclude athletes from bringing cases alleging the NCAA violated Title IX or labor and employment laws, including wage and hour claims under the Fair Labor Standards Act or the National Labor Relations Act.

Payments made pursuant to this Settlement Agreement could violate Title IX if they are made disproportionately to male athletes over female athletes, but the question still remains whether these payments are subject to Title IX. The Biden Administration’s US Department of Education initially provided guidance to schools that the payments directly from the schools were similar to financial aid and must therefore be proportionately distributed under Title IX.[21] The Trump Administration, however, recently rescinded that guidance, stating that Title IX states nothing “about how revenue generating athletics programs should allocate compensation among student-athletes.”[22] Since there is no legal authority that payments directly from schools to student-athletes are covered under Title IX, it is still unclear whether payments could violate Title IX.

Additionally, the Settlement Agreement does not discuss whether student-athletes should be considered employees. There have been several petitions filed in recent years by student-athletes, including the University of Southern California men’s and women’s basketball teams, and the Northwestern football team, with the National Labor Relations Board, seeking to be classified as employees.[23] Dartmouth men’s basketball, the first successful student-athlete unionization, recently withdrew its petition to unionize after concerns that the new administration would result in a less favorable outcome for the team.[24] Although these athletes have not successfully been classified as employees, the Settlement Agreement does not prohibit student-athletes from continuing to bring these petitions.

There is also a question of whether international student-athletes playing in the United States will violate their visa status by taking payments.[25] Most student-athletes are on Class F class visas that prohibit almost all kinds of work while they are in the United States. It is still unclear whether the income generated by this Settlement Agreement or by NIL deals will violate international student athletes’ visas.

Although the Settlement Agreement will limit antitrust claims against the NCAA, the NCAA continues to ask Congress to provide an antitrust exemption for the NCAA which would protect the NCAA from any additional antitrust lawsuits.[26] Congress has yet to act.[27]

This settlement finally allows colleges to directly pay athletes, there is, however, still ambiguity for the future of the NCAA and the compensation towards its athletes.

  1. How Can We Help?

Whiteford is here to assist colleges and athletes navigate through this new era of NIL and college sports. Our team has extensive experience in advising clients on regulatory compliance, creating manuals, and providing guidance to ensure both athletes and their institutions are in compliance with the new NCAA rules and regulations. We continue to closely monitor the evolving and dynamic legal landscape affecting college sports.


[1] Plaintiff’s Notice of Motion and Motion for Preliminary Statement Approval, at 3, In re College Athlete NIL Litigation, No 4:20-cv-03919 (N.D. Cal.).
[5] Stipulation and Settlement Agreement, at 3, In re College Athlete NIL Litigation, No 4:20-cv-03919 (N.D. Cal.).
[7] Appendix A to Stipulation and Settlement Agreement, at 5-6, In re College Athlete NIL Litigation, No 4:20-cv-03919 (N.D. Cal.).
[12] The Athletic College Football Staff, What’s at stake with the House v. NCAA settlement? Goodbye amateurism, hello revenue sharing, The Athletic (April 7, 2025); Dan Wetzel and Pete Thamel, Sifting legitimate NIL deals from the darker world of pay-to-play, ESPN (April 2, 2025)
[13] Appendix A to Stipulation and Settlement Agreement, In re College Athlete NIL Litigation, No 4:20-cv-03919 (N.D. Cal.).
[14] Stipulation and Settlement Agreement, at 14, In re College Athlete NIL Litigation, No 4:20-cv-03919 (N.D. Cal.).
[15] Appendix A to Stipulation and Settlement Agreement, at 9, In re College Athlete NIL Litigation, No 4:20-cv-03919 (N.D. Cal.).
[19] Appendix B to Stipulation and Settlement Agreement, at 131, In re College Athlete NIL Litigation, No 4:20-cv-03919 (N.D. Cal.).
[20] Dan Wetzel and Pete Thamel, Sifting legitimate NIL deals from the darker world of pay-to-play, ESPN (April 2, 2025)
[21] U.S. Department of Education Rescinds Biden 11th Hour Guidance on NIL Compensation, U.S. Department of Education (February 12, 2025)
[23] Vern E. Inge, Jr., Claire Allenbach, Rafiq R. Gharbi, Client Alert: A Gift for NCAA Athletes? The NLRB Finds Merit for Employee-Athletes, Whiteford (January 5, 2023).
[24] Aryanna Qusba and Annabelle Zhang, Dartmouth men’s basketball team drops effort to unionize, The Dartmouth (January 2, 2025).
[25] Amanda Christovich, House v. NCAA Settlement Creates Potential Crisis for International Athletes, Front Office Sports (February 21, 2025).
[26] The Associated Press, What is the House settlement involving college sports and why does it matter? (April 7, 2025).



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Big Ten Coach Exposes Fake NIL Offers Ahead of Bowl Game

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The Minnesota Golden Gophers are 7-5 this season following a season-ending home win over the Wisconsin Badgers with one final matchup left on Friday, Dec. 26 (4:30 p.m.) at Chase Field in Phoenix against the New Mexico Lobos in the Rate Bowl.

The Golden Gophers are led by charismatic head coach P.J. Fleck, known for his motivational slogans (‘Row the Boat’) and history of getting maximum effort and performance out of his oftentimes overmatched teams.

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Fleck coaches in a brave new world of college football including NIL (Name, Image and Likeness) payments for college football players that are often set up by universities, granting lucrative opportunities for student athletes to earn off of sponsorship deals.

On Wednesday, Fleck spoke at a press conference during which he detailed the head spinning world of NIL payments and negotiations while stating that some offers used as bargaining chips by players are not real in his personal estimation.

Fleck’s Stunning NIL Admission

Fleck’s story on NIL was shared by Tony Liebert of ‘Bring Me the News,’ a media company based in Minneapolis.

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“I don’t think the general public actually truly knows what college football truly looks like,” Fleck said.

He painted the picture of a complex process of negotiating contracts that lacks the structure of the National Football League’s professional contracts.

“I think that everybody has representation now,” Fleck said, with the goal of “getting the most money they possibly can.”

He spoke about the complex roles college coaches play in the process.

“The roles we’re in is like, you’re the head coach, you’re the president, you’re the owner, you’re the GM, you’re the director of player personnel, and you’ve almost got to be a negotiator as well of what you have in your budget…And you’re doing that without the systems that the NFL has in place,” Fleck added.

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Fake NIL Offers Cloud Negotiation Process, Fleck Says

A media member commented on the lack of a salary cap in the sport, musing that it must be difficult for Fleck and other coaches to know how much each player is being offered by other schools before writing, proposing, offering and negotiating contracts.

“Sometimes those offers are real, sometimes those offers aren’t real,” Fleck added.

“It is a very unique environment to work in,” Fleck added.

“I truly believe…You could put a camera on somebody’s shoulder…You (could) do a reality show of what’s going on right now,” the Golden Gophers coach added, gesturing that it’s a wild, unpredictable situation.

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“I don’t think the general public truly knows what college football looks like when you peel back the onion.”

Related: Penn State Fans Blast Nick Saban For Comments on New HC Matt Campbell

Related: Michigan’s Kenny Dillingham Chances Get Update From ESPN Reporter

This story was originally published by Athlon Sports on Dec 18, 2025, where it first appeared in the College section. Add Athlon Sports as a Preferred Source by clicking here.



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Frustrated Ron DeSantis waits for Donald Trump to address college sports NIL issues

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Gov. Ron DeSantis says college football is a “total mess” in light of athletes shopping around for better deals from programs, and that his efforts to reform it have been paused by Donald Trump’s White House.

Speaking in Sebring, DeSantis said he spoke to a bipartisan group of Governors “about a year ago” and said Governors on both sides of the aisle wanted to “come up with a framework.”

“Honestly, you really only need 10, 12 states, right? Because, you know, if you get Florida, Texas, Georgia, Alabama, Michigan, now you need Indiana, California,” DeSantis said, explaining that once states with “big-time programs” act, that would be enough to set up a workable structure.

But DeSantis said comments by Trump that the federal government planned to step in halted the state-led effort.

“So we’re like, all right, we’ll let the feds do it,” DeSantis added.

DeSantis said as early as last year that he wanted Governors to join him in some reform effort.

“I know they’re working on something, but I think it’s hit rock bottom just in terms of all the static that’s in the system,” DeSantis said.

He noted that “general managers” in college football make it “like a professional thing,” adding that many of the athletes recruited “haven’t even really produced that well.”

He also suggested that athletes are currently holding up programs for more money when they are performing.

“Now it’s like they have more rights than pro athletes,” he said.

“A quarterback will, you know, throw for four touchdowns. The third game of the season (he will) go, ‘Hey, coach, any more NIL money? Oh, I’m going to hit the transfer portal.’ And then you just go hop around schools. So you can play for four or five schools the way it goes now. And you can even play a few games, do very well, sit out and still get eligibility for the next year.”

Players’ mobility hurts programs, he argued.

“It’s hard to even know whether your teams are going to be good year after year because you don’t know who you’re going to lose. And then to do the transfer portal, right as we’re getting into the playoff, how does that make sense where these teams are going to have to make the decision?”

While the Governor stopped short of saying he regrets signing the name, image and likeness legislation that helped start the current cycle of professionalization of college sports, he does want a “happy medium” between athletes not being compensated and the current system.

But with time running out, reforms may not be realized before DeSantis leaves Tallahassee.



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$64 million college football coach emerges as prime candidate to replace Sherrone Moore at Michigan

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Less than a week after Michigan dismissed Sherrone Moore for cause, the Wolverines are navigating a condensed and high-pressure coaching search, with at least one prominent candidate already drawing serious consideration.

Michigan closed the 2025 regular season 9–3 (7-2 Big Ten) and will play No. 13 Texas in the Cheez-It Citrus Bowl on December 31 under interim coach Biff Poggi.

The program swiftly moved to remove Moore on December 10 after an internal probe concluded that there was an inappropriate relationship with a staff member.

While a cluster of candidates has emerged across national hot boards and analyst shows, college football analyst Josh Pate on Tuesday specifically singled out Missouri’s Eli Drinkwitz.

“I think Eli Drinkwitz’s name is involved here,” Pate said. “Names like Eli Drinkwitz get thrown out, and people are really quick to scoff at it… I have always been baffled by people who turn their nose up at Eli Drinkwitz. It’s well known in the SEC, he’s one of the better staffers in the country.”

Missouri Tigers head coach Eli Drinkwitz.

Missouri head coach Eli Drinkwitz celebrates with defensive end Zion Young (9) and the Battle Line trophy after a game against Arkansas | Nelson Chenault-Imagn Images

A former offensive coordinator at Boise State and NC State who won a Sun Belt title at Appalachian State in 2019, Drinkwitz inherited Missouri in 2020 and built the program to back-to-back double-digit win seasons (2023-24) and an 8–4 showing in 2025. 

That on-field progress led to a recent six-year contract extension in late November, which anchors him at roughly $10–10.75 million annually and includes significant buyout provisions.

Drinkwitz has also publicly pushed back on any rumors, calling coaching carousel speculation “just a distraction,” saying he loves Mizzou, is focused on the job, and recently signed an extension.

On the Michigan front, the program has indicated it hopes to finalize a hire before the end of December, a timeline that highlights how little margin the search affords.

In the next two weeks, expect intensified contact between Michigan’s search firm and top-tier candidates, a group many believe includes Drinkwitz.

Read More at College Football HQ

  • $3.7 million college football head coach named clear candidate for Michigan vacancy

  • College football program signs $1.2 million deal with NFL legend

  • College Football Playoff team losing all-conference player to transfer portal

  • $2.1 million college football QB announces return to Big Ten program



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Talent pipeline developing between Carroll and Montana

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HELENA — It’s been a two-way relationship between the Carroll College and University of Montana football programs.

Some guys who didn’t quite stick with the Grizzlies — like current Carroll quarterback Kaden Huot — have had success in Helena. And on the other side of the equation, a standout few have jumped up from the NAIA level to the Division I FCS level.

Each of the past two seasons, Carroll has produced the Frontier Conference defensive player of the year. And each time, that player has subsequently transferred to Montana.

“It shows well for our ability to develop,” Carroll head coach Troy Purcell told MTN Sports, “where they didn’t have that opportunity, and now with our coaching and our structure here and our culture here, to develop fine young men and great football players.”

On Dec. 10, Saints cornerback Braeden Orlandi — the NAIA’s reigning tackles leader — announced he was leaving Helena for Missoula. And the year before, it was NAIA All-American Hunter Peck trading Purple and Gold for Maroon and Silver. And following his first regular season with the Griz, Peck made the Big Sky all-conference first team, something he credits his time at Carroll for making possible.

“They did a great job with taking me in, developing me not (just) into a football player, but a young man, as well,” Peck said of his four years at Carroll. “And so, those life lessons are ones that you take off the football field and are arguably the most important part of the game.”

So, in this transfer-portal-and-NIL-dominated era of college athletics, the Carroll coaching staff said they understand their position in the larger college football ecosystem.

“Let us develop you. Let us make you the best you can possibly be for two to three years, get some tape, get some good film out there,” Purcell said. “You get some great ball in along the way. And then when the time is right, and it looks good, you have an opportunity to go up, maybe put a little money in your pocket, and get to play at a higher level. So, maybe that kid could be a walk-on but now has an opportunity to play for us, and like I said, we can develop him.”





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Ohio State standout pauses College Football Playoff prep to use NIL for good: ‘I want people to feel loved’

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COLUMBUS, Ohio — They wore red aprons, waited their turn in a line of volunteers and carried bags filled with toys through the Lausche Building at the Ohio Expo Center & State Fairgrounds.

In their actions, they were unassuming, helping bring holiday joy to families in central Ohio. But these volunteers were far from unrecognizable in Columbus.

They were safety Jaylen McClain, defensive tackle Eddrick Houston, safety Caleb Downs and running back James Peoples — a collection of some of Ohio State football’s top contributors this season.

And they were there to fulfill a vision of McClain’s.

The McClain family recently launched Everyday Legends — a foundation created to, “honor and uplift individuals who demonstrate excellence in scholarship, service, and sportsmanship.”

One of its first initiatives came via a partnership with the Salvation Army in Central Ohio. Courtesy of opportunities presented through college football’s name, image and likeness rules, McClain started a virtual toy drive in which donors could purchase toys through an Amazon wish list put together by the foundation with gifts going directly toward Wednesday’s event.

With his teammates working alongside him, McClain — who went to Target the day after Ohio State’s loss in the Big Ten Championship Game to ensure enough toys were purchased — helped those in a community far from his home state of New Jersey.

“I didn’t have everything, but my parents provided so much support for me and made sacrifices for my life,” McClain told cleveland.com. “Now that I have a bigger platform for myself as a college football player and NIL, I’m able to give my blessings off to other people, other foundations and be able to recognize other people that also have the blessings.”



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Everyone caught up to Oregon’s business model. Can Ducks win it all in a world they pioneered?

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After decades of milestone wins on its climb to college football powerhouse status, Oregon found itself on the other side of a signature victory this season.

As Indiana celebrated on the Ducks’ home field on Oct. 11, an Oregon staffer shook the hand of a Hoosiers assistant coach and congratulated him on a 30-20 win that helped validate IU as a national championship contender.

“We’re hard to beat,” the Oregon staffer said.

No doubt. Since joining the Big Ten last year, the Ducks are 17-1 in conference play and 24-2 overall, with a league title in their debut season. Since 2010, Oregon is tied for fifth in the nation in victories with Oklahoma at 161. Only Alabama, Ohio State, Clemson and Georgia have more.

“We’ve been building to a standard of what winning football looks like, regardless of conference,” head coach Dan Lanning said this week.

After the Ducks spent years breaking through barriers that previously required something akin to birthright status for entry, college football has met them where they are. Adaptability and innovation are cornerstones of the Oregon brand, so of course, no school was better prepared to succeed when NCAA amateurism crumbled and the ability to effectively pay players became a necessity for programs that aspire to win national championships.

Oregon football has never been better, but the Ducks are no longer college football’s gate-crashers.

“There’s been some great stories in college football, but it’s even harder to stay there, and (the Ducks) have found a way to stay there,” said Craig Pintens, who was a high-ranking administrator at Oregon from 2011 through ’18 before becoming athletic director at Loyola Marymount.

In this year’s College Football Playoff, Indiana, Texas Tech and Ole Miss are the new-money climbers, no longer constrained by their histories.

The Ducks? Heading into a first-round home game against 12th-seeded James Madison on Saturday, they are just another team trying to win a championship.

Well, maybe not just another team.

You see, Oregon is not quite a member of the establishment class, either. It has a lot more in common with Ohio State, Georgia, Oklahoma, Alabama and Miami these days than with the Hoosiers, Red Raiders and Rebels — with one notable exception.

That first group has combined for 13 national titles since 2000 and 34 in college football’s poll era, dating to 1936.

The Ducks are still seeking their first.

“They’ve built the entire sundae at this point,” Pintens said. “It’s just a matter of putting that cherry on the top. And it is inevitable. It’s going to happen.”


College football has never cultivated upward mobility. Past success is the best predictor of future success. Lineage and tradition are prized commodities.

The schools at the top of the food chain tend to stay there — or have an easier time getting back when they slip. Those toward the bottom generally get stuck.

There are outliers. Nebraska looks as if it may never recreate the glory days of the 1970s, ’80s and ’90s. Clemson went from good to elite under Dabo Swinney, but that era of dominance is increasingly looking like a moment in time rather than a permanent change.

And then there’s Oregon, the most obvious exception that proves the rule.

The Ducks didn’t have USC’s Heritage Hall, a shrine to a program that claims 11 national titles and eight Heisman winners. They didn’t have Touchdown Jesus, Notre Dame’s iconic monument to the program’s essential place in the history of college football.

“We didn’t have the kinds of things that Ohio State and Texas and all these legacy programs had, but we did feel like we had a chance,” former Oregon athletic director Pat Kilkenny said.

The first baby step toward Oregon shedding its history came in Shreveport, La., of all places, with quarterback Bill Musgrave leading coach Rich Brooks’ Ducks to a victory in the program’s first postseason game in 26 years, the 1989 Independence Bowl against Tulsa.

The mid-1990s featured trips to the Rose and Cotton bowls that signaled progress but also showed the Ducks still had a long way to go: Oregon lost those games to Penn State and Colorado by a combined score of 76-26.

Nike co-founder and Oregon alum Phil Knight’s involvement and investment in the program brought a grander vision in the early 2000s. Why not put up a billboard in Times Square to promote quarterback Joey Harrington as a Heisman Trophy contender in 2001?

“I think our optimism was more about Holiday Bowl and Top 25,” said Kilkenny, an Oregon native. “But somebody like Phil Knight gets involved, that doesn’t work for him. He doesn’t want to do anything unless he can be the best.”

Oregon football had no distinguishing characteristics, so Knight helped create them.

With Nike’s help, Oregon made uniforms a differentiator in recruiting, unveiling a fresh look almost weekly.

“Being fashion-progressive isn’t exactly indicative of a strong football program, but (Knight) saw it as brand-building,” Kilkenny said.

The Ducks were on the front end of the spread offense revolution under coach Mike Bellotti, then promoted Chip Kelly to head coach and changed the way the game was played by optimizing fast-paced football.

When the facilities arms race was escalating, Oregon built its so-called Death Star, a tinted-glass fortress with a barber shop, sleep pods and tech-integrated lockers. The $68 million Hatfield-Dowlin Complex, funded largely by Knight, opened in 2013.

The Ducks reached the national championship game in 2010 and 2014, losing each time.

They haven’t been back since, which suggests the ascent has stalled. That’s not the case. Through a whirlwind of coaching changes from Kelly’s successor, Mark Helfrich, to Willie Taggart to Mario Cristobal to Lanning in the span of only seven years, Oregon was still progressing.

“I think they’ve built a tremendous culture, and that culture has turned over through multiple coaches,” said Pintens, who credits his former boss, athletic director Rob Mullens, with overseeing the continued growth at Oregon.

Even with Knight’s backing, Oregon is not among the top revenue-generating programs in college football.

“Oregon is not as resourced as some of the other top powers in college football,” Pintens said. “They lack a population base. They don’t play in a huge stadium.”

Autzen Stadium’s gameday experience is one of the best in the country, but the place seats about 56,000, about half the capacity of the largest stadiums in the Big Ten and SEC.

When Oregon spends, it spends on what matters most.

“If you want to be a top-10 team in college football, you better be invested in winning,” Oregon’s Dan Lanning said earlier this season in response to then-Oklahoma State coach Mike Gundy’s comments about how much the Ducks’ roster costs. “We spend to win.”


In 2020, the NCAA lifted its ban on paying college athletes for their name, image and likeness. Quickly, those deals became a proxy for paying players, and Oregon was again an early adopter. Founded by Knight and other prominent donors, Division Street quickly became one of college football’s most well-run NIL collectives, groups that pool funds from boosters to license players’ rights.

Taggart and then Cristobal had already changed the nature of Oregon recruiting, turning the school into a destination for blue-chippers, despite the school’s limited number of those prospects within its geographic footprint.

Lanning was hired away from Georgia to keep that going in 2021. His ability to embrace a more transactional form of recruiting while still establishing a winning culture has allowed Oregon to narrow the gap between itself and the likes of Ohio State and Georgia.

NIL has been “an equalizing force,” Pintens said.

“You could have better facilities, you could have better coaching, better everything, but at the end of the day, if you don’t have any dollars to support that, it’s going to be really difficult to put together a team,” he said.

The transformation that took Oregon decades is happening much faster elsewhere, as paying players spreads talent around and gives the traditional have-nots a chance to become haves.

“The historical programs that weren’t able to compete, it did give them a chance to put a little jet propulsion into their football program, if that’s where they chose to invest,” Kilkenny said.

Fourth-seeded Big 12 champion Texas Tech, with a roster backed by billionaire booster Cody Campbell that reportedly cost more than $28 million, this season won its first outright conference title since 1955.

In the SEC, sixth-ranked Ole Miss has effectively mobilized its resources with the Grove Collective and ripped off three straight double-digit victory campaigns while LSU and Florida (with a combined six national titles) fired their head coaches this season.

In the Big Ten, Indiana, which started the year having lost more games than any other major college football program, has turned unprecedented investment into an unfathomable turnaround under coach Curt Cignetti. The Hoosiers kept rolling after the win in Eugene, knocked off Ohio State in the conference title game, and enter the Playoff as the No. 1 team in the country, boasting the program’s first Heisman Trophy winner in quarterback Fernando Mendoza. The Ducks are no longer the disruptors.

“The willingness and the belief in taking what had been done and saying, OK, we can be No. 1,” Kilkenny said. “We can win it all, and we can be a national brand, that has all happened.”

Oregon’s challenge now is not just to check the last box on the resume and join the blue bloods once and for all but to keep the new wave of gate-crashers from jumping ahead of them in line on the way to the top of the mountain.



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