As of today, we are exactly a month from the expected (hoped-for?) approval of the House settlement which will determine, once and for all, how schools will proceed with name/image/likeness payments and management for college athletes. The question I’m grappling with is, just how much certainty does it provide?
I spent last Friday in a room with about 300 people who are highly invested in the NIL space — college GMs (P4 and G5), top NIL agents and firms, the wealth managers that represent many of the players, thought leaders and others. My co-host (CJ Cavazos of CJ Recruiting and NIL) and I asked two separate panels of college GMs some tough questions on what’s ahead, and while it was helpful, we only had 90 minutes. We probably could have used at least another 90, but that wasn’t possible. We didn’t record the proceedings, but in case you missed it, here’s a taste of what took place.
As I try to digest everything said and heard last week, there’s still a lot I don’t understand. I’m certainly not an attorney, and frankly, my interests apply only to football. With that said, here’s what I believe to be true regarding what’s going to happen in a month (pending approval April 7 by Judge Claudia Wilken).
- The limit for revenue-sharing is $20.5 million. This money is independent of collectives and will be spent by the schools themselves.
- The $20.5 million total represents an estimated 22 percent of what a garden variety football-playing school generates in revenue from its athletics program.
- The lion’s share of the $20.5 million (77 percent, by most accounts) will go to football players. I’m struggling to find an exact percentage anywhere, but I don’t think anyone would be compelled to hold to that number anyway.
- Teams have to generate their own $20.5 million; the money is not coming from the House settlement.
- Even if they don’t have $20.5 million, they must dole out the money in the same ratio that everyone has agreed upon for revenue-sharing, that is, if they are participating in revenue-sharing. They are not obligated to do that. This is just a proposed way of spending the money. Most P4 schools seem willing to hold to that, at least initially, as a hedge against litigation.
- Football teams will be held to 105-man rosters. These will be the only players allowed to participate in revenue-sharing.
- Title IX applies to scholarships, but it does not apply to NIL money. Yet. There’s litigation in the pipeline that might change that.
- Collectives are not governed by any of this. A school’s collective can raise and spend whatever it wants to.
- There is no governing body that will call balls and strikes. In a perfect world, the NCAA would do this, but it does not appear to have that capability, and no one else does, either. Basically, it’s an honor system, and will rely on peer pressure from other schools to comply.
- Through a clearinghouse, Deloitte will establish market value for any NIL deal over $600, and if judged to be out of whack, Deloitte will say so. There’s an arbitration process, and a player could lose eligibility if he signs a deal that’s judged to be not fair market value, but this seems ripe for litigation, as well. Furthermore, it seems unclear, at least to me, what compels a player, agent or team to send a completed NIL deal in to the clearinghouse.
- There is no standard contract for NIL payments to players (akin to the wage scale the NFL has adopted based on accrued seasons, etc.) because there is no collective bargaining agreement. As such, there is no reason a team couldn’t commit all or most of its football allotment to one player, technically (again, the team and player might face punishment from Deloitte/the NCAA, but then again, maybe not). It also means terms of a contract can be ripped up at any time and rewritten if both parties (school and player) agree.
- Presuming it’s approved by Judge Wilken, this will all become “the law” on July 1, when the 2025-26 academic year begins across the land.
More on these observations and what they all mean are in today’s Friday Wrap, which comes out at 7:30 p.m. EST today. I hope you’ll check it out. Not registered yet? Sign up here.