Connect with us
https://yoursportsnation.com/wp-content/uploads/2025/07/call-to-1.png

College Sports

NIL Collectives Face ‘Valid Business Purpose’ Challenge From CSC

The College Sports Commission (CSC) on Thursday issued additional guidance for the term “valid business purpose” and indicated NIL collectives whose sole focus is to pay athletes to attend or remain at a particular school will see their NIL deals rejected. The clarification is arguably in line with the House settlement, the longstanding NCAA prohibition against pay-for-play […]

Published

on


The College Sports Commission (CSC) on Thursday issued additional guidance for the term “valid business purpose” and indicated NIL collectives whose sole focus is to pay athletes to attend or remain at a particular school will see their NIL deals rejected.

The clarification is arguably in line with the House settlement, the longstanding NCAA prohibition against pay-for-play and, more conceptually, the relationship between the right of publicity and NIL. But it could spark legal challenges.

As part of the House settlement, college athletes must report NIL deals that are worth at least $600. Those deals are subject to a clearinghouse review by NIL Go, which is spearheaded by Deloitte. The basic analysis is whether a proposed deal is consistent with the commercial use of the athlete’s NIL or better understood as an impermissible pay-for-play arrangement. 

In this examination, NIL Go considers whether the payor of the NIL deal intends to use the athlete’s NIL for a valid business purpose, which CSC defines as a goal to “sell a good or service to the public for profit.” This examination also considers the range of compensation, and specifically whether the amount of money is commensurate with money paid for similar athletes in the same situation. 

The term “valid business purpose” stems from NCAA Bylaw 22.1.3, which governs involvement of associated entities or individuals in NIL deals. The bylaw requires a valid business purpose “related to the promotion or endorsement of goods or services provided to the general public for profit, with compensation at rates and terms commensurate with compensation paid to similarly situated individuals with comparable [NIL] value who are not prospective student-athletes or student-athletes of the institution.”

The idea of a valid business purpose becomes less abstract when imagining an endorsement deal in pro sports. 

Think of a pro athlete paid to appear in a TV commercial for a car, sneaker, weight loss program or some other product or service sold to the public. The athlete is paid to tell their followers and consumers that they should buy whatever the athlete is pitching. In this scenario, the payor is trying to make a profit by selling a good or service to the public. The payor is banking on the athlete’s endorsement boosting sales, otherwise the payor wouldn’t want to pay the athlete.

NIL deals are supposed to do the same thing. 

NIL is a college sports twist on a longstanding legal principle, the right of publicity, which forbids misappropriation of the unique and marketable personal qualities of athletes (and entertainers, actors, musicians, artists, models and others who possess sellable traits). For a long time, the NCAA generally forbade college athletes from profiting from their NIL as a condition of eligibility. However, that prohibition was successfully challenged by Ed O’Bannon and, later, state NIL laws.

When an athlete is paid to attend a college, that is not NIL, even if the deal is superficially labeled or coined “NIL.” The athlete is compensated to matriculate to a school, much like someone is paid a signing bonus to join a company. Pay-for-play remains prohibited by the NCAA. State NIL laws also typically stipulate that NIL deals must mean NIL.

The CSC on Thursday elaborated on the need for a valid business purpose in NIL deals. It stated an entity with a business purpose of paying athletes or colleges “rather than providing goods or services to the general public for profit” would not satisfy Bylaw 22.1.3. This is true, CSC says, even if a particular NIL deal involves an athlete paid to make an appearance on behalf of the collective at a golf tournament, which is open to the public and charges an entrance fee. The problem with that deal is any money collected would be used to pay the athlete or other athletes and not sell a product or service (think cars, sneakers, weight loss programs etc.) to the public.

The CSC adds that if the payor and recipient of entrance fees is a golf course or an apparel company, there’s a good chance the deals would satisfy the valid business purpose. That’s because they have a broader purpose than paying athletes.

This is a logical arrangement given what NIL is supposed to mean, but it could nonetheless invite a bevy of legal challenges. 

The arrangement suggests that collectives which operate simply as vehicles to pay athletes to attend a recruit will see their NIL deals rejected. NIL Go could thus reject deals that are already in place between collectives and recruits, who may have relied on them in picking a school. How those deals address termination of a contract before it is performed could lead to breach of contract litigation, though terms of the (then) proposed House settlement have been known since last summer and the NCAA has consistently forbade pay-for-play.

A legal challenge to CSC’s interpretation of “valid business purpose” from NCAA Bylaw 22.1.3 could arise if NIL Go rejects a deal and the athlete and/or collective challenges the decision as an illegal restraint on trade under antitrust law or as violating a state NIL law. 

Such a challenge would face some headwinds. 

Parties that submit NIL deals to NIL Go agree to an arbitration process that would preempt litigation until the arbitration is played out. And, as Sportico explained last month, the arbitration decision would be accorded high deference by a court in the event the losing party petitions the court to vacate the arbitration award. 

Even if arbitration could be overcome, the athlete/collective would only advance in an antitrust claim if they prove the CSC’s interpretation causes more harm than good to economic competition. In February 2024, a federal judge in Tennessee restrained the NCAA from enforcing rules related to NIL collectives on antitrust grounds. But CSC would likely argue its interpretation is consistent with the House settlement (which wasn’t in place in February 2024), NCAA rules forbidding pay-for-play and NIL as a subset of the right of publicity. 

Alternatively, the athlete/collective might argue the CSC’s interpretation violates one of the recent statutes and executive orders in Georgia, Virginia, Texas and other states that protect NIL rights in ways that might pose conflicts with the CSC. That type of dispute (discussed in depth here) could spark an opportunity for the CSC to raise U.S. constitutional arguments against the state law, particularly claims based on the Constitution’s Commerce Clause and Contract Clause. These clauses forbid a state from adopting laws that unduly interfere with other states’ economies and impairing contracts, be they membership agreements or settlements. 

It’s also possible that some collectives might reorganize and expand their scope of operations to better comport with the CSC’s interpretation. Collectives that sell products or services to the general public for profit would appear more likely to meet the requirement. 

In short, just when it seems there might be stability in college sports law, the industry has a way of raising new topics for debate. 



Link

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

College Sports

Judge orders Wisconsin school shooter’s father to stand trial on charges he allowed access to guns

MADISON, Wis. (AP) — The father of a Wisconsin school shooter must stand trial on charges he allowed her access to the guns she used in the deadly attack, a court commissioner ruled Thursday, rejecting arguments that he didn’t know she was considering violence and didn’t physically hand her the weapons at the school. Dane […]

Published

on


MADISON, Wis. (AP) — The father of a Wisconsin school shooter must stand trial on charges he allowed her access to the guns she used in the deadly attack, a court commissioner ruled Thursday, rejecting arguments that he didn’t know she was considering violence and didn’t physically hand her the weapons at the school.

Dane County Court Commissioner John Rome issued the order in Jeffrey Rupnow’s case after a preliminary hearing, a routine step in the criminal justice process in which a court official decides whether enough evidence exists to order a trial.

Rupnow, 43, faces two counts of intentionally giving a dangerous weapon to a minor and one count of contributing to the delinquency of a minor. The charges carry a combined maximum sentence of 18 years in prison.

Deadly attack at Madison school

Rupnow’s 15-year-old daughter, Natalie Rupnow, opened fire in December at Abundant Life Christian School, a religious school she attended in Madison. She killed teacher Erin Michelle West and 14-year-old old student Rubi Vergara and wounded six others before she shot herself in the head.

Investigators recovered a 9 mm Glock handgun from the room where Natalie Rupnow died as well as a .22-caliber Sig Sauer pistol from a bag the girl was carrying. Also in the bag were three magazines loaded with .22 ammunition and a 50-round box of 9 mm ammunition.

Prosecutors charged Jeffery Rupnow in May, alleging in a criminal complaint that he told investigators his daughter was struggling to cope with her parents’ divorce and he bought her the guns as way to connect with her.

He also told investigators that he kept the guns in a safe but told her the code to unlock it, according to the complaint. The day before the school attack, the complaint says he took the Sig Sauer out of the safe so she could clean it, but he wasn’t sure if he put the weapon back in the safe or locked it.

Shooter declared a ‘War Against Humanity’

A search of Natalie’s room netted a six-page document the girl had written entitled “War Against Humanity,” the complaint said. She started the piece by describing humanity as “filth” and saying she hated people who don’t care and “smoke their lungs out with weed or drink as much as they can like my own father.”

She wrote about how she admired school shooters, how her mother was not in her life and how she obtained her weapons “by lies and manipulation, and my fathers stupidity.”

Rupnow looked on in silence Thursday as his attorney, Lisa Goldman, argued that he acted reasonably. Many Wisconsin parents teach their children how to shoot and Natalie passed a gun safety course, but he still took the extra step of keeping their guns in a safe, she said.

Rupnow had no reason to think giving her guns would cause more problems, Goldman said. He didn’t know how to access her social media accounts, Natalie rarely let him into her room and her therapy records from 2021 to the spring of 2024 showed no indication of suicidal thoughts, Goldman added.

Rupnow told Natalie that the gun safe code was his Social Security number in reverse but never gave her the actual number, Goldman continued. She questioned whether Natalie’s mother may have given her the number, pointing out that police never checked her mother’s electronic devices.

Goldman also argued that the school attack took place outside of Rupnow’s parental supervision — he was at his job as a recycling truck driver when Natalie opened fire — and he would have had to hand Natalie the guns at Abundant Life to be criminally liable.

Dane County District Attorney Ismael Ozanne countered that Goldman should make her arguments at trial, not during a preliminary hearing.

Rome said in his order sending Rupnow to trial that giving his daughter guns could amount to giving her the pass code and giving her the Sig Sauer the night before the attack.

Parents charged in school shootings across the country

Rupnow is another in a line of parents to face charges in connection with a school shooting.

Last year, the mother and father of a school shooter in Michigan who killed four students in 2021 were each convicted of involuntary manslaughter. The mother was the first parent in the U.S. to be held responsible for a child carrying out a mass school attack.

The father of a 14-year-old boy accused of fatally shooting four people at a Georgia high school was arrested in September and faces charges including second-degree murder and involuntary manslaughter for letting his son possess a weapon.

In 2023, the father of a man charged in a deadly Fourth of July parade shooting in suburban Chicago pleaded guilty to seven misdemeanors related to how his son obtained a gun license.

___

This story has been updated to correct the spelling of Vergara in the fourth paragraph.



Link

Continue Reading

College Sports

Dean O’Keefe Appointed to NEWHA Executive Committee for 2025-26

Story Links EASTON, Mass. (July 25, 2025) – Stonehill College’s Assistant Vice President for Student Affairs and Director of Athletics, Dean O’Keefe, has been appointed to the 2025-26 New England Women’s Hockey Alliance (NEWHA) Executive Committee, as announced Friday afternoon by NEWHA Commissioner Robert DeGregorio, Jr. O’Keefe will serve alongside Charlie Dowd […]

Published

on


EASTON, Mass. (July 25, 2025) – Stonehill College’s Assistant Vice President for Student Affairs and Director of Athletics, Dean O’Keefe, has been appointed to the 2025-26 New England Women’s Hockey Alliance (NEWHA) Executive Committee, as announced Friday afternoon by NEWHA Commissioner Robert DeGregorio, Jr. O’Keefe will serve alongside Charlie Dowd of Sacred Heart University and Neil Duval of Saint Anselm College.

Since Stonehill College launched its NCAA Division I women’s ice hockey program and joined the NEWHA in 2022-23, O’Keefe has played a pivotal leadership role, serving as chair of the conference for the past two seasons. He also currently serves on the NCAA Women’s Ice Hockey Championship Committee. Previously, he was a member of the Hockey East Association Executive Committee, where he served as chair during the 2013-14 academic year.

A proud Stonehill alumnus and former student-athlete, O’Keefe became the first graduate in school history to lead the College’s athletic department when he was named Director of Athletics in July 2015. Under his leadership, Stonehill’s athletic program has grown to include 23 varsity sports and recently achieved full NCAA Division I membership following a successful transition from Division II.

Stonehill’s women’s ice hockey program made an immediate impact in the NEWHA, capturing the 2023-24 conference championship in just its second season. The Skyhawks earned the league’s automatic berth to the NCAA Division I Women’s Ice Hockey Tournament, marking a historic milestone for both the young program and the College’s broader transition to Division I.

Joining O’Keefe on the 2025-26 Executive Committee are Charlie Dowd, Deputy Athletics Director for External Operations at Sacred Heart University, and Neil Duval, Deputy Director of Athletics for Internal Relations at Saint Anselm College.

For the latest on Stonehill Athletics, follow the Skyhawks via social media on Twitter, Facebook, and Instagram.





Link

Continue Reading

College Sports

Frank Seravalli joins the high school coaching ranks

Frank Seravalli’s standout ice hockey playing days at Holy Ghost Prep continue to pay dividends during his adult career in the sport. Seravalli, a Bucks County native now living in Churchville, was recently named varsity head hockey coach at regional powerhouse Germantown Academy in Fort Washington. GA’s hockey alumni list includes former Stanley Cup-winning goaltender […]

Published

on


Frank Seravalli’s standout ice hockey playing days at Holy Ghost Prep continue to pay dividends during his adult career in the sport.

Seravalli, a Bucks County native now living in Churchville, was recently named varsity head hockey coach at regional powerhouse Germantown Academy in Fort Washington.

GA’s hockey alumni list includes former Stanley Cup-winning goaltender Mike Richter of New York Rangers fame, along with Yardley native Brian O’Neill, whose resume includes a stint with the NHL’s New Jersey Devils.

Seravalli’s appointment was announced by Germantown Academy director of athletics Tim Ginter.

“We are thrilled to welcome Frank to Germantown Academy,” Ginter said in a press release. “Frank is a respected figure in the hockey world whose passion for the game is unmatched. His deep knowledge of the sport, vision for building a program and lifelong connection to GA make him the perfect leader to guide our program forward.”

Seravalli’s ties to Germantown Academy run deep.

He’s been a devoted fan of the Patriots’ ice hockey program for a number of years, dating back to his youth. Seravalli would often attend GA games at Face Off Circle rink in Warminster. He was particularly interested in the coaching style of long-time bench boss John Ioia, who was inducted into Germantown Academy’s Athletic Hall of Fame in 1996.

“That’s where my love for hockey began and those memories remain a powerful source of inspiration,” said Seravalli, a former Flyers beat writer/columnist for the Philadelphia Daily News.

“Germantown Academy hockey has been one of the crown jewels of the Philadelphia region and is still the only school to send three players (Richter, O’Neill and David Sloane) to the NHL. There is a proud history and a passionate alumni base here. I’m incredibly thankful for the trust demonstrated by GA leadership and the athletic department. I can’t wait to dig in and put in the work.”

Seravalli brings a wealth of experience to the Germantown Academy program.

He currently serves as head coach of the 11U Philadelphia Blazers, and professionally as an insider and broadcaster.

As president of Daily Faceoff, he led a national network of digital hockey coverage and served as the site’s lead NHL insider.

A three-time selection to The Hockey News list of “100 People of Power and Influence in the NHL,” Seravalli has spent nearly two decades breaking league-wide news and offering expert analysis across international platforms such as TSN, Sportsnet and Amazon Prime.

Off the ice, Seravalli served as president of the Professional Hockey Writers’ Association for six years and previously sat on the Holy Ghost Prep Alumni Association board. He holds a B.A. from Penn State and attended Columbia University’s Graduate School of Journalism.

The Patriots return 10 varsity letterwinners from their 2024-25 Independence Hockey League championship season, including five All-IHL selections.

www.flyingfishhockey.com

Originally Published:



Link

Continue Reading

College Sports

Italian gymnast Bonicelli in ‘stable condition’ after coming out of medically induced coma | National Sports

ROME (AP) — Lorenzo Bonicelli is in a “stable condition” and “showing positive signs” after coming out of a medically induced coma following a fall during the rings competition at the World University Games, the Italian Gymnastics Federation said Friday. The Italian gymnast was taken to a local hospital with neck injuries after his fall […]

Published

on


ROME (AP) — Lorenzo Bonicelli is in a “stable condition” and “showing positive signs” after coming out of a medically induced coma following a fall during the rings competition at the World University Games, the Italian Gymnastics Federation said Friday.

The Italian gymnast was taken to a local hospital with neck injuries after his fall on Wednesday during the team final in Essen, Germany. In shock, the Italian team then withdrew from the competition.

The 23-year-old Bonicelli was aiming to qualify for Italy’s team at the 2028 Los Angeles Olympics.


AP sports: https://apnews.com/sports

Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.



Link

Continue Reading

College Sports

Italian gymnast Bonicelli in ‘stable condition’ after coming out of medically induced coma | National

State AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWashington D.C.West VirginiaWisconsinWyomingPuerto RicoUS Virgin IslandsArmed Forces AmericasArmed Forces PacificArmed Forces EuropeNorthern Mariana IslandsMarshall IslandsAmerican SamoaFederated States of MicronesiaGuamPalauAlberta, CanadaBritish Columbia, CanadaManitoba, CanadaNew Brunswick, CanadaNewfoundland, CanadaNova Scotia, CanadaNorthwest Territories, CanadaNunavut, CanadaOntario, CanadaPrince Edward Island, CanadaQuebec, CanadaSaskatchewan, CanadaYukon Territory, Canada Zip Code Country United States of […]

Published

on







Link

Continue Reading

College Sports

Men’s Track and Field Announces Incoming Student-Athletes

HANOVER, N.H. – Mike Nelson, the Marjorie & Herbert Chase ’30 Director of Dartmouth Track & Field and Cross Country, has announced the incoming class of 12 men who will join the Big Green this fall. “We’re thrilled to welcome our new Big Green Track & Field team members, class of 2029! We look forward […]

Published

on


HANOVER, N.H. – Mike Nelson, the Marjorie & Herbert Chase ’30 Director of Dartmouth Track & Field and Cross Country, has announced the incoming class of 12 men who will join the Big Green this fall.

“We’re thrilled to welcome our new Big Green Track & Field team members, class of 2029! We look forward to helping these student-athletes in their pursuit of excellence on and off the track,” Nelson said. “The Ivy League is an elite track and field conference, and these newcomers will help our program as we chase Ivy League success. Also, I want to give a shout-out to the coaching staff as they work tirelessly in the recruiting process. Go Big Green!” 

George Sullivan 

Throws | Princeton, N.J. | Taft

Served as a track and field captain… Was a two-time All-Founders League honoree in football and Founders League Champion in track and field… Has a 177-8 / 54.15m javelin PR. 

Why Dartmouth?: “It is the perfect blend of great community culture and academics.”

Foster Laird

Distance | Homewood, Ala. | Homewood High School

Was named an Alabama All-State Track and Field Athlete, as well as an Alabama All-Star Cross Country Athlete… Named a National Merit Finalist… Earned the seal of biliteracy and seal of distinction… Career bests include a 1:56.72 in the 800m and 4:19.94 in the 1600m. 

Why Dartmouth?: “I chose Dartmouth because it provides the perfect balance between high-level academics, a tight-knit and supportive community, and access to incredible natural surroundings that make it easy to stay active and connected to the outdoors.”

Eli Engelman

Distance | Bryn Mawr, Pa. | Episcopal Academy

Was a four-year letter winner in high school cross country, indoor, and outdoor track… Had All-state and all-county honors… Graduated with cum laude distinction… Career bests include a 1:55.45 in the 800m and a 4:13.27 in the 1600m. 

Why Dartmouth?: “There is a unique combination of excellent athletics, academics, and an unbeatable location.”

Callahan Fielder 

Distance | Nashville, Tenn. | Brentwood High School

Personal bests include a 4:12.01 mile and 8:53.53 two miles… Played travel hockey in addition to running cross country in high school. 

Why Dartmouth?: “I chose Dartmouth because of the cool trails and weather.” 

Andrew Burr

Distance | El Dorado Hills, Calif. | Sacramento Country Day School 

Was a two-time CA Cross Country State Championship podium, three-time Sac-Joaquin Cross Country Section Champion and three-time Cross Country League Champion… Was named a 2×3200 and 2×1600 League Champion, as well as a Sac-Joaquin Divisional 1600 Champion… Career bests include a 9:03.61 in the 3200m and a 15:02.28 in the 5000m.

Why Dartmouth?: “I chose Dartmouth because of the academics, team and coaching culture.”

Rory Gaan

Distance | Hoffman Estates, Ill. | Fremd High School 

Was a three-time All-State in cross country and track and field… Holds three high school records… Was an honor roll student… Personal bests include a 4:11.43 in the 1600m and an 8:59.64 in the 3200m. 

Why Dartmouth?: “I chose Dartmouth because on my visit, I felt the coaching staff and school would be a great fit for me. I really liked the area of the campus and how small the class sizes are.”

Richard Rozkydalek

Middle distance | Prague, Czechia | Gymnazium Ceskolipska 

Was a Czech Nationals medalist… Career bests include a 1:50.68 in the 800m and a 3:52.35 in the 1500m. 

Why Dartmouth?: “Team spirit!”

Matthew Kmecz

Distance | Toronto, Ontario, Canada | St. Michael’s College School

Was a four-year student-athlete of the year winner… Placed second at OFSAA XC and third at Canadian XC Nationals in 2024…Personal bests include a 1:52.70 in the 800m and a 3:48.94 in the 1500m. 

Why Dartmouth?: “I chose Dartmouth for its tradition of academic and athletic excellence and its supportive community, which reminded me of the strong sense of tradition and community I loved at my high school.”

Mitchell Kisgen 



Sprints/hurdles | Natick, Mass. | Xaverian Brothers High School

Was a three-time state champion, four-time captain, five-time New Balance Nationals qualifier and an eleven-time letter winner in track and soccer… Holds six school records… Career bests include a 48.76 in the 400m and 54.23 in the 400m hurdles. 

Why Dartmouth?: “I chose Dartmouth for its academic excellence, rural location, quality track coaches, and friendly atmosphere.”

Henning Ehn

Hurdles | Njurunda, Sweden | Svaderns Gymnasieskola 

Was selected to represent Sweden at the Nordic Championships 2024 in the 110m hurdles… Was the 13th fastest U20 Swede of all time in the 110m hurdles… Is a nine-time National Junior Championship Medalist… Holds the regional Medelpad record in the 60m hurdles…Personal bests include a 8.30 in the 60m hurdles, 14.23 in the 100m hurdles and 38.35 in the 300m hurdles.

Why Dartmouth?: “Dartmouth will be an amazing place where I can challenge myself athletically and academically. The setting in the woods of New Hampshire resembles the environment of my native Sweden and I hope that will bring the best out of me.”

Jack Tan

Pole vault | Raleigh, N.C. | Wakefield High School

Was a four-year varsity letter winner and four-time conference champion… Was named the N.C. 4A State Champion, Nike Indoor Nationals Champion and a three-time All-American… Career best includes a 16-1 / 4.90m in the pole vault.

Why Dartmouth?: “I chose Dartmouth for its enthusiastic and accepting community. I believe that the people make the experience.”

Jack Rousseau

Sprints | Louisville, Ky. | Saint Xavier High School

Was named an All-American in 4×4 and 4×2… Received KHSAA All-State honors and the scholar athlete award twice… Was a three-year letter winner across various sports (baseball, XC and track)… Personal bests include a 49.52 in the 400m and 22.45 in the 200m.

Why Dartmouth?: “Dartmouth’s focus on undergraduate teaching, research, and collaboration, its strength in areas such as economics and engineering, and its tight-knit community set within a beautiful geographic location all feel like the perfect mix of challenge, connection, and adventure.”



Link

Continue Reading

Most Viewed Posts

Trending