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University Club to Host Name, Image and Likeness Event in Collaboration with JMI Sports

SAN DIEGO – Join the University Club and JMI Sports on Tuesday, April 22, for an exciting and thought-provoking town hall event focused on the rapidly evolving world of Name, Image and Likeness. This event will bring together key stakeholders from college athletics to explore the current landscape, challenges, opportunities and future of NIL and […]

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University Club to Host Name, Image and Likeness Event in Collaboration with JMI Sports

SAN DIEGO – Join the University Club and JMI Sports on Tuesday, April 22, for an exciting and thought-provoking town hall event focused on the rapidly evolving world of Name, Image and Likeness. This event will bring together key stakeholders from college athletics to explore the current landscape, challenges, opportunities and future of NIL and revenue sharing in the collegiate sports world.The event will conclude with a closing session, offering a wrap-up and key takeaways. This is a unique opportunity for those involved in college athletics, San Diego business community, and corporate sponsorships to network and gain insight into the future of NIL and revenue sharing. Expected guests include select coaches, student-athletes, and administrators from each institution. Tickets are available now with early access for University Club members. The event will be limited to the first 80 attendees, so be sure to secure your spot today. The University Club, a prestigious private club located atop Symphony Towers in San Diego, provides a premier venue for business, networking, and community engagement. JMI Sports is a leader in the sports marketing industry, focusing on partnerships that build sustainable, long-term value for brands, universities, and athletes.Attendees will have the opportunity to learn firsthand about the complexities of NIL agreements and how they are reshaping the future of college athletics. Whether you are a business owner, brand representative, or simply passionate about college athletics, this forum will provide valuable insights and a chance to engage with the leaders at the forefront of NIL.The evening will kick off with a welcome session, followed by the first panel, which will discuss the current state of NIL through the lens of those in leadership. Panelists include Kimya Massey the Executive Director of Athletics at Univ. of San Diego, John David Wicker the Director of Athletics at San Diego State, Earl Edwards the Athletic Director at UC San Diego and Erik Judson the CEO of JMI Sports. Jon Schaeffer will moderate the discussion, which will explore key topics such as the April 7 House Settlement, the need for advocacy in NIL and building a sustainable financial model for athletic departments. The panel will conclude with a brief Q&A session where the audience can interact with the panelists.

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Can International Athletes Earn from NIL or Revenue Sharing?

Last Updated on June 17, 2025 Immigration attorney Ksenia Maiorova, a partner at Green and Spiegel, joined me to chat about what international athletes can and cannot do when it comes to NIL, why so many workarounds being attempted don’t actually work and why there’s virtually no way for international athletes to safely receive revenue […]

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Last Updated on June 17, 2025

Immigration attorney Ksenia Maiorova, a partner at Green and Spiegel, joined me to chat about what international athletes can and cannot do when it comes to NIL, why so many workarounds being attempted don’t actually work and why there’s virtually no way for international athletes to safely receive revenue sharing on a student visa.

We also talk about other visa types available and the process for obtaining one, in addition to answering questions sent in by the audience.

Even more of Ksenia’s advice, including more “what if” scenarios are included in my new book, The Athlete’s NIL Playbook.

Listen on your favorite podcast app or watch the video on YouTube.

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  • Kristi Dosh

    Kristi A. Dosh is the founder of BusinessofCollegeSports.com and has served as a sports business analyst and contributor for outlets such as Forbes, ESPN, SportsBusiness Journal, Bleacher Report, SB Nation and more. She is also the author of a book on the business of college football, Saturday Millionaires. Kristi is a sought-after consultant and speaker on topics related to the business of college sports and a former practicing attorney. Click to learn more

    View all posts





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Oklahoma State hoops coach on motherhood

Louisville baseball head coach Dan McDonnell (Photo courtesy of X/@@ericcrawford) Louisville baseball head coach Dan McDonnell entered the 2025 season with a chip on his shoulder. He believed his 2024 squad should have been chosen for the NCAA Tournament, and he felt like the program he’d built over 19 years was being disrespected time and […]

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Louisville baseball head coach Dan McDonnell (Photo courtesy of X/@@ericcrawford)

Louisville baseball head coach Dan McDonnell entered the 2025 season with a chip on his shoulder. He believed his 2024 squad should have been chosen for the NCAA Tournament, and he felt like the program he’d built over 19 years was being disrespected time and time again.

The new world with NIL was challenging to navigate, making it tough to keep consistency within the program. The Cardinals’ last trip to the College World Series was 2019, and McDonnell was beginning to wonder what it would take to get back.

>> Subscribe to Sports Spectrum Magazine for more stories where sports and faith connect <<

On Sunday, McDonnell and his Cardinals punched their ticket back to Omaha, the annual site of the College World Series. They took out Miami in their three-game Super Regional, winning 3-2 on Sunday for the sixth CWS berth in program history.

“Yes, there was a chip on my shoulder. There was a chip on our players’ shoulders. There was just a chip on this program’s shoulder,” McDonnell said in his postgame press conference. “… We were disrespected as a program, players, coaches. Even commitments were just backing out and dropping like flies, as if we weren’t the program that we built here. So, you wake up the next day ready to compete. You just start stacking days. Just start winning days.”

The Cardinals didn’t win many days toward the end of this season. They lost seven of their final 10 regular-season games, and were eliminated from the ACC Tournament by Pitt in the opening round. That dropped Louisville’s record to 35-21.

But that was enough to earn selection into the NCAA Tournament, where the Cardinals were placed into the Nashville Regional as a No. 2 seed. The host was Vanderbilt, the No. 1 overall seed. Following an opening-game victory over East Tennessee State, Louisville shocked Vanderbilt, 3-2. Wright State then eliminated Vandy and faced Louisville in the regional final, which the Cardinals won, 6-0.

That gave them hosting honors for the Super Regional against Miami, which finished ninth in the ACC standings while Louisville ended up 10th. Of the nine ACC teams selected for the NCAA Tournament, only Louisville remains.

It’s a postseason run few saw coming. And for McDonnell, he says it wouldn’t have been possible without Jesus.

He also shared in the postgame press conference that he’s 159 days into reading through the Bible. He started January 1 with his brother, his wife, friends from New York and friends from The Citadel, where he played from 1989-92 and reached the 1990 College World Series, the first time a military school made the trip to Omaha. He recited a poem he’s memorized after hearing it from Tara-Leigh Cobble, the “Bible Recap” founder: “Two hearts beat within my chest, the one is foul, the one is blessed. The one I love, the one I hate. The one I feed will dominate.”

“I just had to make a decision: What was I feeding my heart?” McDonnell said. “And for me, I had to get into the Word … 159 days. And in one sense, you say, ‘Well, just because you read the Bible doesn’t mean you go to Omaha.’ But for me, it does. For me, it’s what’s in my heart. It’s how I can love on others, and how I can treat others, and how I can coach others.”

McDonnell said he’s also memorized Psalm 23 and has come to a place where he constantly wants to share about his faith and what he’s learning through walking with Jesus.

“You just hope that you can encourage others,” he said.

And he encouraged everybody to read the Bible.

“I would just encourage people to join a church, get in a group study. … Getting in the Word is very intimidating and it’s not easy doing it by yourself. So fortunately, I’m doing it, like I said, with a group, I’m using the app. I’m no Bible scholar, don’t act like I’m one. But I’ll tell you, these last 159 days, hasn’t been perfect but I would encourage others to get in the Word,” he said.

Though his study of the Bible may have reached a deeper level as of late, McDonnell has been reading God’s Word for years. He told the Fellowship of Christian Athletes in 2015 that he first did a Bible study at Ole Miss, which he joined as an assistant coach in 2001.

“Coach McDonnell understands the influence a coach has, and he capitalizes on the opportunity to not only make great players on the field, but great men off the field,” Louisville FCA chaplain Chris Morgan said. “He instills character, integrity and excellence, and always points back to Christ.”

Louisville will begin its College World Series campaign against No. 8 overall seed Oregon State at 7 p.m. ET Friday.

>> Do you know Christ personally? Learn how you can commit your life to Him. <<

RELATED STORIES:
– Messiah baseball to D-III championship series, points others ‘closer to Him’
– SS PODCAST: East Carolina’s Parker Byrd on losing his leg, trusting God
– SS PODCAST: ‘Bible Recap’ founder Tara-Leigh Cobble on God’s Word
– ‘Truly one of a kind’: Full Count Ministries uses baseball to share Gospel
– ‘Child of God’ Robbie Ray in form for Giants, knows identity is in Christ





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NiJaree Canady’s million-dollar arm continues the growth of softball

This year’s Women’s College World Series was one for the books. Games 1 and 2 of the championship series between Texas and Texas Tech broke all-time viewership records, and Game 3, which garnered 2.4 million viewers and peaked at 2.7 million, was the most-viewed college softball game in history. This year’s tournament also shattered in-person […]

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The Canady effect

In 2024, Texas Tech finished the season with a 29-21 record and an 8-16 conference record. However, this season, Canady, and the other seven top-100 recruits that committed to Texas Tech after her, finished the year with a 54-14 overall record, a 20-4 conference record, their first-ever conference title, and their first-ever WCWS appearance in the most-viewed WCWS in history.

Those are huge wins for Canady, Texas Tech, and the sport of softball as a whole – who’s to say that’s not worth a million dollars or more? And how many college football coaches have been hired to do the same thing for much more, and spectacularly failed to deliver?

So the TLDR is: before the 2025 season, Texas Tech never even won a conference title. In its Nijaree Canady era, it made it to the final of the WCWS. In one year, Canady accomplished what entire coaching staffs and offices of college athletics employees strive (and are paid) to do: make their programs relevant.

That’s what makes Canady worth a million dollars. And she might be worth even more with the approval of the House settlement.

In case you missed it, the House settlement will usher in significant changes to the already fluctuating college sports landscape. Starting on July 1st, college athletes will be allowed to accept direct NIL payments from their schools for the first time in the history of college sports (plus nearly $3 billion in back payments to former athletes). Schools will be allowed to allot $20.5 million across sports as they see fit (possibly subject to Title IX requirements). Although it is estimated that up to 90% of this compensation will be allocated to football and men’s basketball, standout female athletes like NiJaree Canady stand to benefit monetarily from this new ruling. 

But with an increased net worth comes increased scrutiny. And even in the final days of the pre-House era, the discourse around Canady’s million dollar arm is already proving as much. 

Sports coverage post-House

Sports media must be careful in the incoming era of college sports. As athletes will be paid outright, they will be put under a microscope more so than ever. College sports has always been a business, but, as we saw with NIL, paying athletes outright will only amplify their visibility and celebrity status. Those of us who cover these athletes must look at the bigger picture of the value these athletes bring to their teams. If we don’t, we risk doing what athletes are already prone to do to themselves: reducing their worth to on-the-field statistics. 

And it’s not that Canady’s stats weren’t where they needed to be. Canady threw every pitch of the postseason for Texas Tech until Game 3 of the championship series final when she was lifted in the first inning after allowing five runs to score. In total, she accounted for 520 pitches over 35 innings in the WCWS alone, and won with minimal run support against some of the best offenses in the country, including three-time national champion Oklahoma, to make it to the final series.

From a pure statistics standpoint, Canady was nearly perfect. Texas, led by ace pitcher Teagan Kavan, who allowed zero earned runs through 31 ⅔ innings, was just better (and better rested). And, having seen Canady for two full games before Game 3, Longhorns like Mia Scott, Leighanne Goode, and Katie Stewart, were prepared to step up to the plate and deliver offensively. 

Texas Tech outfielder Logan Halleman
Syndication: The Oklahoman

The only thing Canady did wrong in the eyes of her naysayers was prove that she’s human after being, in the words of her head coach, Gerry Glasco, pushed to “the very limit” over the course of the WCWS. And while sports media should feel free to acknowledge where athletes fall short, we also can’t deny the overall value these athletes bring to the table.

Besides, if college athletes like Canady are both performing athletic labor on the field and supplying visibility and prestige that athletics workers are paid for off the field, why shouldn’t they be compensated (and legally recognized) as such? National title or not, it’s arguable that Canady is underpaid.

And whether sports media likes it or not, reporting on stories like Canady’s is going to become the new norm. It’s imperative that we see the whole picture of what these athletes bring to the table in college sports’ next era.



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College football's calendar needs an overhaul. Would a single transfer portal in January or …

ASHEVILLE, N.C. — Can you imagine a summer signing day in college football? What about a single transfer portal? How about spring practices shifted to June? Those are the questions expected to be answered by members of a new committee of power conference administrators exploring ways to overhaul a 365-day college football calendar that was […]

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College football's calendar needs an overhaul. Would a single transfer portal in January or ...

ASHEVILLE, N.C. — Can you imagine a summer signing day in college football? What about a single transfer portal? How about spring practices shifted to June?

Those are the questions expected to be answered by members of a new committee of power conference administrators exploring ways to overhaul a 365-day college football calendar that was originally built for an amateurism system. College executives are reinventing a dated calendar to marry with the House settlement-related athlete-revenue sharing model set to begin July 1.

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And they are on the clock to do it.

“It is imperative to our industry that we make this decision on the calendar by July 1,” Washington athletic director Pat Chun told Yahoo Sports from Orlando last week at a gathering of athletic administrators. “Once July 1 hits, teams will start tracking for 2026. We need to know the calendar.”

Here in Asheville, North Carolina, this week, the 32 Division I conference commissioners gather for their annual summer meeting, where a host of items are on the agenda: the future of NCAA governance (will a separate division be created for the power leagues?); the College Football Playoff format (will adjustments to the selection criteria appease the Big Ten and SEC?); the NCAA tournament (is expansion happening or not?); and the many unsettled concepts tethered to the industry’s landmark move to share revenue directly with athletes.

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Of all the decisions that administrators must make in the wake of the settlement’s approval, the football calendar is, perhaps, the most pressing of them. Making matters more difficult is that they don’t agree on the most critical piece: the timing of the transfer portal.

Should it be in January or April?

A fight is brewing

While the majority of coaches want a 10-day portal period in early January, many administrators, as well as coaches in the Big Ten, are supporting an April portal date as a way to more align the portal with the academic calendar (ending in May) and a school’s new revenue share cap year (ending in June).

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The portal’s date not only impacts decisions on spring practice but it may determine if a second portal window will continue to exist. For instance, SEC coaches, hell bent on a January portal date, agreed last month that they’d prefer keeping two portal windows over a single window in April.

ATLANTA, GEORGIA - JANUARY 18: A detailed view of the 2025  College Football Playoff National Championship logo on display at 2025 CFP National Championship Playoff Fan Central at Georgia World Congress Center on January 18, 2025 in Atlanta, Georgia. (Photo by Paras Griffin/Getty Images)

College football’s leaders are torn on how to handle the transfer portal moving forward, but they’re on the clock after the House settlement decision. (Paras Griffin/Getty Images)

(Paras Griffin via Getty Images)

A brewing fight is playing out over the issue between college sports’ two perennial conferences — the SEC and Big Ten — as well as the industry’s administrative leadership versus many of its high-profile head coaches. SEC coaches want a January portal in an effort to secure next season’s team, develop that team during spring practice and avoid one-third of their players transferring after spring.

Big Ten coaches want a spring portal to more align with their academic calendar (the quarter system) and the revenue-share cap year.

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“April (portal) doesn’t make any sense,” LSU coach Brian Kelly told Yahoo Sports two weeks ago from SEC meetings. “You are going to put a business together and 33% of your revenue share (paid players) could be gone in three months? That’s stupid. It just doesn’t make any sense. (Big Ten coaches) are trying to set it to their academic calendar and they’re saying they can’t get guys in in January. Come on. We are firm on January and if we have to do a second (portal), we would. But we are firm on January.”

A January portal reeks of one-track mind thinking, says Ohio State athletic director Ross Bjork.

“With January, we are only worried about one thing and that’s the football team,” he told Yahoo Sports from Orlando last week.”‘Oh! We got to have everybody there for a second semester because I have to get them in spring ball!’

“If we want to worry about the financial component and the academic component, the best window is spring,” he said. “They’re only worrying about one thing — the football roster — and I think that mindset is in the past.”

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Bjork, along with Chun, are members of the House Implementation Committee, a group that studied the calendar at length over the last month and made a recommendation to power conference commissioners to form this new group of conference football administrators. The new group is expected to recommend a new calendar to commissioners in the coming weeks.

The salary cap issue

At the crux of the issue is the new, annual quasi-salary cap imposed on schools — a max of $20.5 million to be shared with athletes in Year 1. A school’s cap resets every July 1, signaling the beginning of a new cap year. In an ideal world, says Chun, athlete revenue-share agreements would begin in July and run through the following June — a reason a spring portal makes more sense.

But the portal isn’t the only thing changing.

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The current signing day model — windows in December and then February — “doesn’t work” in a salary cap environment, says Chun, formerly a member of the NCAA transformation committee who has studied this issue more than most.

Institutions can’t wait on athletes to choose where to play that deep into the fall or winter. Cap calculations are being made for the next year’s revenue-share pool much earlier.

“The days of kids picking one of five hats in December or January are over,” he said. “If a kid surprises a school with an announcement … that school better have that cap space if that kid picks that hat. And what if he doesn’t? Do you then have dead cap space?”

The pool revenue that a school doesn’t spend does not carry over to the next cap year.

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One thing is clear: Signing day will move up significantly.

In a 36-page document released by the NCAA and power conferences last week, a new “offer” date was established. Schools can formally offer revenue-share contracts to high school prospects Aug. 1 of their senior year. Chun expects that date, or perhaps another date in August or September, will become the new signing date.

Could it move to June or July? Maybe, says Bjork.

“Pretty much 95% of our prospects are visiting in the month of June,” Bjork says. “If they are ready to make a commitment, why not let them sign? Sign immediately. They can see their rev-share and see it all. We’ve moved up official visits so there’s no reason they couldn’t sign.”

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The portal is much more of a fight.

“I want to develop my team in whatever date in January,” Georgia coach Kirby Smart said last month. “Then you work those guys out, you train those guys, you lift, you prepare, you do meetings. You do all this preparation and then that’s your team.”

Athens, GA - APRIL 13: Georgia Bulldogs Head Coach Kirby Smart watches the action during the G-Day Red and Black Spring Game on April 13, 2024, Sanford Stadium in Athens, GA. (Photo by Jeffrey Vest/Icon Sportswire via Getty Images)

Kirby Smart, along with the rest of the SEC coaches, want to see a January portal window in order to have the roster set for spring practice. (Photo by Jeffrey Vest/Icon Sportswire via Getty Images)

(Icon Sportswire via Getty Images)

A spring portal would mean players spending December-March on “your campus getting tampered with” and then “33%” of them leaving, Smart said. “I’m not for that.”

NC State coach Dave Doeren says “you don’t want to spend three months training guys who are leaving” while holding spring practice.

But what if spring practice were significantly altered? A proposal from the American Football Coaches Association would alter spring drills and provide flexibility for coaches to push some practices to May or June in OTA-style events.

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According to the proposal, coaches can hold six additional padless practices in the summer, with the flexibility to move a portion of the 15 spring practices to summer.

“If you have an April signing day, your spring practice is going to look a lot different than if you have one in January,” said Arizona athletic director Desiree Reid-Francois, a member of the House Implementation Committee. “It’ll impact spring and what you do during the summer.”

An April portal would pave the way for college sports to design more of an NFL-like calendar, where free agency follows the competitive season and then summer workouts unfold to develop a new team.

“Everybody has to look at it like this: college football has changed,” Chun says. “We should not have transfer movement until we crown a national champion. The new calendar needs to prioritize academic progress and retention. To be eligible for the revenue share, those are the two academic criteria. All the studies show, the more you transfer, the more problematic it is for progress to degree.”

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The new group working on the issue is expected to meet soon and include football administrators from the power leagues, as well conference compliance officers and athletic directors.

“There are no easy answers,” Florida athletic director Scott Stricklin sums up the issue.

Said Chun: “We have to give football a chance for sustainability again. We’ve all said the last environment is unsustainable. Here’s our opportunity for sustainability. We have to have an environment that awards the football players that choose to stay, that has sustainability.”

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LaNorris Sellers, South Carolina QB, turns down $8 million NIL, father says

LaNorris Sellers had a decision to make. His father, however, said it was an easy one. The Athletic reports the South Carolina quarterback turned down an eye-popping $8 million over two years. “He was offered all kinds of crazy numbers,” Norris Sellers, LaNorris Sellers’ father, told the publication. “I told him he could say, ‘I’m […]

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LaNorris Sellers had a decision to make.

His father, however, said it was an easy one.

The Athletic reports the South Carolina quarterback turned down an eye-popping $8 million over two years.

“He was offered all kinds of crazy numbers,” Norris Sellers, LaNorris Sellers’ father, told the publication. “I told him he could say, ‘I’m gonna stay or I’m gonna go.’ By my two cents: It was to get into college on a scholarship, play ball, get our degree and go on about our business. This NIL deal came later. We didn’t come here to make money. We came here to get our education, play ball. And with schools calling, we’re not gonna jump ship because they’re offering more than what we’re getting. If it ain’t broke, don’t fix it.

“You’re 19. You don’t need ($8 million). You’re in a great spot. There were several talks, but it never really crossed his mind (to leave). It’s a challenge with colleges offering younger guys that kind of money. Who’s gonna say no to $8 million for two years? They’re gonna be swayed if you don’t have the right people in your corner.”

The 2024 SEC Freshman of the Year threw for 2,534 yards, 18 touchdowns and seven interceptions last season en route to a 9-4 season.

He became just the third freshman in FBS history to throw for 2,500 yards and rush for 500 yards, joining Johnny Manziel and Jalen Hurts.

Mark Heim is a reporter for The Alabama Media Group. Follow him on Twitter@Mark_Heim. He can be heard on “The Opening Kickoff” on WNSP-FM 105.5 FM in Mobile or on the free Sound of Mobile App from 6 to 9 a.m. daily.





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Paused Payouts

It didn’t take long for the first legal challenge attacking the game-changing House v. NCAA settlement agreement. Eight female student-athletes filed an appeal to the 9th Circuit Court of Appeals on June 11 arguing that the back pay damages portion of the House settlement, recently approved by Judge Claudia Wilken, violates the gender discrimination provisions […]

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Paused Payouts

It didn’t take long for the first legal challenge attacking the game-changing House v. NCAA settlement agreement. Eight female student-athletes filed an appeal to the 9th Circuit Court of Appeals on June 11 arguing that the back pay damages portion of the House settlement, recently approved by Judge Claudia Wilken, violates the gender discrimination provisions in Title IX. This Insight will tell you everything you need to know about the appeal and what it means for the landmark settlement moving forward.

Why are Female Student-Athletes Appealing the Deal?

The House settlement is a $2.8 billion agreement in which the NCAA and major conferences will pay former college athletes for previously denied name, image, and likeness (NIL) earnings and implement a future revenue-sharing model for athletes. You can read our full summary of the settlement here, along with a seven-step plan for your athletic department and compliance leadership team.

In their appeal, the student-athletes contend that women would not receive their fair share of the $2.8 billion. They maintain that the calculation used to distribute the damages violates Title IX because female athletes would receive less money than football and men’s basketball players.

According to the terms of the final settlement, the damages are set to be distributed as follows:

  • 90% to football and men’s basketball student-athletes at Power Five schools that competed between June 15, 2016, to September 15, 2024;
  • 5% to women’s basketball student-athletes; and
  • 5% to all remaining student-athletes.

How Can These Athletes Challenge the Settlement?

The athletes have standing to appeal because they previously filed objections to the proposed settlement. Notably, many of the objections that challenged the terms of the settlement were related to Title IX. Judge Wilken rejected those objections determining that the antitrust case had nothing to do with Title IX. However, she left the door open to possible future challenges based on Title IX relating to how future payments from schools to student would be made.

Does Title IX Apply to the Settlement?

This is the billion-dollar question in front of the 9th Circuit Court of Appeals.

  • What is known is that Title IX requires institutions who receive federal funding to provide equal opportunities for male and female student-athletes in intercollegiate athletics. What is uncertain is how and whether Title IX will apply to NIL payments (introduced in 2021) and to institutions directly compensating their student-athletes.
  • Shortly before leaving office, President Biden’s Department of Education’s Office of Civil Rights (OCR) issued a “fact sheet” advising schools that NIL compensation paid to college athletes should receive the same treatment as the existing gender-equity standards for athletic scholarships.
  • When the Trump administration took over, the OCR rescinded the Biden OCR guidance and stated that Title IX is silent on the issue of the proper method for revenue-sharing athletics programs to distribute funds to student-athletes.

In evaluating the Title IX implications of the damage payment calculation, the NCAA institutions themselves are not technically paying for the damages. Approximately 60% of the payout derives from the NCAA’s insurance and reserves. The remaining 40% derives from reduced revenue distributions to NCAA member institutions. Therefore, instead of NCAA institutions writing checks to satisfy their obligations, they will simply be receiving less revenue than expected over the 10-year settlement period.

There remains much dispute among the parties about how Title IX applies to the House settlement’s proceeds to athletes.

  • The attorneys who settled the case on behalf of the class of plaintiffs assert that Title IX issues do not belong in the antitrust case and cite the fact that Judge Wilkin rejected objections based on Title IX challenges.
  • On the other hand, the student-athletes who filed the appeal maintain the back pay calculation portion of the settlement suggests schools would have paid male athletes over 90% of their revenue going back to 2021 as though Title IX didn’t apply, which they claim would violate the law.

What Happens Next?

The appeal will head to the 9th Circuit where the appellate court will review Judge Wilken’s final approval for abuse of discretion. This is a heightened standard, and the appellate court will defer to Judge Wilken’s a ruling absent a finding that her decision is determined to be arbitrary and capricious.

  • While on appeal, the back pay damages will be paused until the litigation is resolved.
  • That said, the appeal is not expected to disrupt the injunctive relief portion of the settlement agreement such as roster-limits, revenue-sharing, and reporting of NIL deals.

It is likely that this is only the beginning of Title IX challenges as the landscape continues to change at a rapid rate. Until there is clear guidance on the revenue-sharing and Title IX issues, work with your FP counsel to determine your best course of action.

What Should You Do?

Even with the appeal pending, most terms of the agreement go into effect July 1 – just weeks from now. This includes rules on revenue sharing, NIL, and roster limits. Importantly, institutions outside the Power-4 Conferences have the option to decide whether to opt in to the terms of the settlement agreement. This is a decision that can be made on an annual basis. Schools intending to opt in must make their decision by March 1 ahead of the upcoming NCAA calendar year.

Read our full Insight here to review our suggested seven-step plan for compliance.

Conclusion

For questions regarding NIL and Title IX, feel free to reach out to your Fisher Phillips attorney, the authors of this Insight, another member of our Sports Industry Group, or any member of the Higher Ed Team. We’ll continue to monitor the status of developing NIL and Title IX legislation and will provide updates as warranted, so make sure you are signed up for Fisher Phillips’ Insight service to receive the latest news directly in your inbox.

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