Tag: NIL

Oct 12, 2024; Athens, Georgia, USA; Georgia Bulldogs quarterback Jaden Rashada (10) warms up before a game against the Mississippi State Bulldogs at Sanford Stadium. Mandatory Credit: Brett Davis-Imagn Images

Judge: Jaden Rashada’s lawsuit vs. Florida coach Billy Napier can proceed

Posted on | by Field Level Media

Former Florida recruit Jaden Rashada’s lawsuit against Gators football coach Billy Napier and a prominent booster over a $13.85 million name, image and likeness (NIL) deal that went awry can continue to discovery, a federal judge ruled Tuesday.

Though three of the counts were dismissed in the 40-page order out of the U.S. District Court’s Northern District of Florida, the judge allowed three fraud-related accounts and another count of conspiracy to commit fraud to proceed.

M. Casey Rodgers said the suit’s allegations “advance a compelling narrative that the Defendants were all marching to the beat of the same drum throughout Rashada’s failed recruitment to UF, each taking interwoven and often overlapping steps designed to lure Rashada away from Miami all while knowing they would never make good on the NIL promises made and leading Rashada on until his other NIL offers dried up.”

The lawsuit filed in May 2024 alleges that Napier and prominent Gators booster Hugh Hathcock made “false and fraudulent promises” to induce Rashada to sign with the program in 2022.

Rashada initially committed to the University of Miami, where he reportedly had a $9.5 million NIL deal on the table. He flipped to Florida after agreeing to a $13.85 million deal with the now-defunct Gator Collective.

“(It) doesn’t take a rocket scientist to understand how a purportedly fraudulent NIL deal initially valued north of $13 million could induce a teenager to choose a university he otherwise would not have,” Rodgers wrote in Tuesday’s order.

The lawsuit claims that Napier promised a $1 million “partial payment” to Rashada’s father when the quarterback prospect signed his national letter of intent, but that the payment never was received.

Hathcock and a former Florida staffer, Marcus Castro-Walker, are named in the lawsuit along with Napier.

“Once Jaden committed to UF, rather than make Jaden ‘rich’ as promised, these people — with Hathcock leading the charge — changed their tune and went back on their word. The amount of UF-affiliated NIL money available for Jaden decreased drastically,” the lawsuit states.

Rashada ended up withdrawing his letter of intent with Florida and enrolled at Arizona State. He appeared in three games for the Sun Devils as a freshman in 2023, passing for 485 yards, four touchdowns and three interceptions.

He transferred from Arizona State to Georgia for the 2024 season but did not play in any games. He entered the transfer portal in January.

“We appreciate the thorough and thoughtful opinion,” Rashada’s attorney, Rusty Hardin, said in a statement Wednesday. “It will serve as a North Star for other athletes seeking justice after being done wrong on the NIL front by coaches and boosters. We look forward to discovery fully exposing the defendants’ conduct for all to see.”

There has been no date set for the next court appearance.

–Field Level Media

Dec 18, 2024; Inglewood, CA, USA; UNLV Rebels defensive back Jett Elad (9)celebrates after a play in the first half against the California Golden Bears at SoFi Stadium. Mandatory Credit: Jayne Kamin-Oncea-Imagn Images

Report: Rutgers transfer seeking NIL deal suing NCAA

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Rutgers transfer Jett Elad is challenging the NCAA’s eligibility rules and hoping to cash in on a lucrative NIL deal.

The Canadian-born safety filed a lawsuit last week in federal district court in New Jersey, seeking an injunction that would block the NCAA from enforcing its so-called “five-year rule.”

The eligibility rule requires student-athletes to play four seasons within five years, including junior college.

Elad, who turns 24 next month, began his journey at Ohio University, where he redshirted in 2019 before playing in three games in 2020 and nine in 2021. He then spent the 2022 season at Garden City Community College in Kansas before transferring to UNLV for the 2023 and 2024 seasons.

“The eligibility rule at issue is unlawful because it has substantial anticompetitive effects on two-year or junior colleges and universities that are excluded from NCAA membership,” states the lawsuit filed by Elad, according to a copy obtained by Sportsnet.

“… This five-year period includes time spent at a two-year or junior college. The effect of this rule (the “Five-Year Rule”) is to discourage student-athletes from attending junior college to prepare for four-year college and to punish those who do so, even though junior colleges may provide such student-athletes with necessary academic and other opportunities. And just as the student-athletes are deprived of the junior-college experience that may so benefit them, the junior colleges are deprived of elite athletes, reducing their ability to compete with NCAA schools.”

Elad hopes to be on the field for coach Greg Schiano’s Scarlet Knights this season, with spring practice starting this week in Piscataway, N.J.

In addition to the opportunity to play in a major conference like the Big Ten, at stake is a reported $500,000 name, image and likeness deal.

The NCAA rule will “permanently deprive (Elad) of a once-in-a-lifetime” NIL deal “and the opportunity to enhance his career and reputation by playing another year of Division I football,” the lawsuit argues.

In a statement to Sportico, an NCAA spokesperson said the association “stands by its eligibility rules, including the five-year rule, which enable student-athletes and schools to have fair competition and ensure broad access to the unique and life-changing opportunity to be a student-athlete.”

U.S. District Judge Zahid Quraishi has scheduled a hearing for April 3 in Trenton, N.J.

–Field Level Media

Wisconsin cornerback Xavier Lucas (6) is shown during the first quarter of their game against South Dakota Saturday, September 7 , 2024 at Camp Randall Stadium in Madison, Wisconsin.Mark Hoffman/Milwaukee Journal Sentinel

Wisconsin refuses request to disclose NIL agreements

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The University of Wisconsin denied a request by Sportico to view its current athletes’ NIL deals, saying that sharing the information would harm the school and the state, Sportico reported Saturday.

Wisconsin said revealing the requested documents, even with information redacted, would “jeopardize the competitive position of the university” and is “detrimental to the public interest,” per Sportico.

The digital content company made a records request to view all “written agreements” between athletes and the university since the start of 2024.

“In the ultra-competitive landscape of Division I intercollegiate athletics, your request would force disclosure of information that allows the university to be competitive in the Big Ten Conference and at the national level,” said the emailed statement from Wisconsin’s public records custodian, per Sportico.

“The public has an interest in a strong and self-sustaining university system. The success of teams within the Division of Intercollegiate Athletics ensures the viability of all athletic programs, supports both the reputation and financial standing of the university as a whole, and is an economic driver for the city of Madison and state of Wisconsin.”

Wisconsin cited in part student privacy laws when denying the request, saying, “the information sought is relevant to current and future negotiations with student athletes and recruits.”

The university argued that releasing the information would put them at an “especially stark” disadvantage when trying to compete for athletes with other Big Ten schools, including private schools like Northwestern and USC as well as schools like Penn State which have “less stringent” requirements regarding open records, making them more attractive to potential athletes.

Although many states exclude NIL agreements from being subject to open records law, Wisconsin has not yet adopted any NIL legislation. A proposed state assembly bill failed to pass in 2024.

Sportico did not specifically request the records of defensive back Xavier Lucas, who made an unprecedented move by enrolling at Miami earlier this week without ever entering the transfer portal — and despite having recently signed a revenue-sharing agreement with Wisconsin.

Wisconsin reportedly refused to put Lucas’ name in the portal despite an NCAA rule requiring schools to enter a player into the portal within two business days of their request.

By not signing with Miami, Lucas seems to have avoided violating any NCAA rules for now, but if he intends to play for the Hurricanes, Wisconsin is expected to block the move in court.

–Field Level Media

Wisconsin cornerback Xavier Lucas (6) is escorted by a member of the training staff during the fourth quarter of their game against South Dakota Saturday, September 7 , 2024 at Camp Randall Stadium in Madison, Wisconsin.

Wisconsin DB’s unprecedented move could rock NCAA, NIL landscape

Posted on | by Field Level Media

The landscape of college athletics may be on the verge of another major shift, and it all stems from the move of one player.

Wisconsin defensive back Xavier Lucas enrolled at Miami earlier this week but did so without ever entering the transfer portal — and despite having recently signed a revenue-sharing agreement with Wisconsin.

Lucas announced he was entering the transfer portal in a since-deleted post on X (formerly Twitter) on Dec. 19. But Wisconsin refused to put his name in the portal despite an NCAA rule requiring schools to enter a player into the portal within two business days of their request.

Adding to the situation, the true freshman and Wisconsin entered into a two-year revenue-sharing agreement during the season. That deal gave the university non-exclusive rights to player’s name, image and likeness — preventing another school from using the player’s NIL rights for the length of the agreement, according to Yahoo Sports.

Unable to talk to other schools because he was not in the portal, Lucas withdrew from classes at Wisconsin and enrolled as a student at Miami, but without formally signing with the Hurricanes.

Darren Heitner, an attorney representing Lucas, told Yahoo that his client requested a transfer after learning his father is suffering from a “serious, life-threatening illness,” But, according to Heitner, Wisconsin refused to comply with Lucas’ request and instead tried to convince him to remain with Wisconsin.

Lucas is from Pompano Beach, Fla., and played at nearby American Heritage High School.

By not signing with Miami, Lucas seems to have avoided violating any NCAA rules for now.

“NCAA rules do not prevent a student-athlete from unenrolling from an institution, enrolling at a new institution and competing immediately,” an NCAA spokesperson told Yahoo! in response to Lucas’ decision.

But if Lucas intends on playing for the Hurricanes, it is expected that Wisconsin will try to block the move in court.

What’s more, a settlement reached in 2024 establishing many of the rules for revenue sharing has yet to be approved. Lucas’ move could impact those proceedings, as well.

Lucas made 12 tackles and had one interception in 11 games with the Badgers this season.

–Field Level Media

Sep 13, 2024; Kansas City, Kansas, USA; UNLV Rebels quarterback Matthew Sluka (3) throws a pass during the second half against the Kansas Jayhawks at Children's Mercy Park. Mandatory Credit: Jay Biggerstaff-Imagn Images

Promise sweepers? Kirby Smart predicts ‘really tough times’ ahead for college football

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Georgia head coach Kirby Smart issued a dire warning regarding the immediate future of the sport in light of UNLV starting quarterback Matthew Sluka packing his bags and ending his season because of a financial commitment he claims was promised but not received.

“There’s probably going to be more and more of this going on, especially as the year goes on, November and December,” Smart said on the SEC media teleconference on Wednesday. “Athletic departments are going to struggle to be able to make their commitments come to fruition. I think we’re going to see some really tough times in college football when all this is said and done.”

Sluka, a senior, announced Tuesday night he was taking a redshirt and not playing the rest of the season for UNLV. He transferred to Las Vegas after four seasons at Holy Cross when, according to Sluka’s father, UNLV committed to paying the quarterback $100,000 under allowed Name, Image and Likeness rules.

Sluka’s agent, Marcus Cromartie of Equity Sports, told ESPN an assistant coach gave the six-figure verbal commitment to Sluka. Only after multiple inquiries, Cromartie said, did UNLV and its collective agree to make a payment. But it was for far less — $3,000 for four months, or $88,000 short of what the player and his representative claim was the initial agreement.

Bob Sluka said his son, Matthew, was told when he arrived at UNLV that he would be put on a payment plan but didn’t receive pay. The elder Sluka said Cromartie eventually was told the quarterback would receive only $3,000 to cover the move to Nevada, and his living expenses weren’t covered.

“I guess you’re asking me for a solution? I don’t have the answer,” Smart said Wednesday. “I can tell you that I don’t think it will be the last, and the way we’re moving into this abyss of unknown, and I’m talking about fiscal responsibility, financial commitments, financial promises, people sometimes make promises, and I know I’ve come across it in our recruiting, that they can’t keep.

“I’m not suggesting UNLV made promises they can’t keep. I’m not saying that. I don’t know that situation. I want to be clear. What I’m saying is it happens more and more. And it’s going to happen even more and more as we move into this revenue-share, where I feel like unless there’s a contract, and there’s a set contract where Person A has to stay a certain amount of time or they’re going to have to pay back this contract, we’re never going to get to where we want to get to.”

–Field Level Media

Oct 7, 2023; Starkville, Mississippi, USA; Mississippi State Bulldogs cheerleaders cheer during the third quarter of the game against the Western Michigan Broncos at Davis Wade Stadium at Scott Field. Mandatory Credit: Matt Bush-Imagn Images

Anonymous donor gives Mississippi State football $8M

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A donor family that wishes to remain anonymous pledged $8 million to Mississippi State football to launch the State Excellence Fund, which will pay for things such as recruitment and athlete compensation, the university announced Thursday.

It is the second-largest commitment ever to the Bulldogs’ athletic program, the school said.

“This thoughtful and generous investment in our program is critical to what we are building here in Starkville in this new era of college athletics,” athletic director Zac Selmon said in a statement. “To be an elite-level program, it takes elite-level resources. A gift of this magnitude shows the unwavering drive to establish Mississippi State Football as a premier college football destination for many years to come. I could not be more grateful for the commitment to championing our programs and players.”

The growth of name, image and likeness programs has made it imperative that schools develop the infrastructure to funnel money for player recruitment and retention, especially in highly competitive leagues such as the Southeastern Conference.

“This investment in our program shows that State fans are ‘all-in’ when it comes to helping provide the resources it takes to compete in the toughest conference in the country,” football coach Jeff Lebby said. “Having their support and belief in what we’re building is crucial for us as we continue to move forward.”

The university statement included a comment from the donors.

“We want to ensure we are doing our part to bolster Mississippi State Football. To build a sustained winning culture and program in today’s climate it’s going to take us all coming together to ensure our program has what it needs to recruit, train and keep top talent,” the family said. “With the launch of the State Excellence Fund, it provides the opportunity for fans and supporters to make a direct investment, regardless of the amount, in our future. We firmly believe in what we can accomplish together. We are proud to be Mississippi State Bulldogs.”

–Field Level Media

Dec 30, 2023; Miami Gardens, FL, USA; A detailed view of the Georgia Bulldogs helmet during the 2023 Orange Bowl at Hard Rock Stadium. Mandatory Credit: Nathan Ray Seebeck-Imagn Images

Georgia Gov. Brian Kemp signs order allowing schools to pay athletes

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Georgia Gov. Brian Kemp signed an executive order Tuesday that effectively allows the state’s universities and colleges to pay students directly for the use of their name, image and likeness.

Kemp’s order specifically prohibits the NCAA or any collegiate athletic conference from punishing Georgia schools for “offering compensation, or compensating an intercollegiate student-athlete for the use of such student-athlete’s NIL.”

College athletes were granted the ability to profit off their names, images and likeness in the 2021 Supreme Court decision of NCAA v. Alston. Still, the current rules and regulations don’t allow schools to pay players directly. Rather, players often enter agreements with affiliated but independent “collectives,” or they strike NIL deals with companies on their own.

As part of an antitrust settlement that could further alter the landscape of college sports, the NCAA did agree to drop the restriction on direct payments. But the settlement is still pending and may not kick in until the 2025-26 school year.

Georgia’s order goes into effect immediately.

“We extend our sincere gratitude to Governor Brian Kemp for his leadership today,” Georgia athletic director Josh Brooks and Georgia Tech athletic director J Batt told ESPN in a joint statement. “In the absence of nationwide name, image and likeness regulation, this executive order helps our institutions with the necessary tools to fully support our student-athletes in their pursuit of NIL opportunities, remain competitive with our peers and secure the long-term success of our athletics programs.”

Other states are considering similar measures, which is the opposite of the stated goal of Southeastern Conference commissioner Greg Sankey in July, when he called on Congress to restore and further develop “national standards for college athletes.” Georgia athletes participate in the SEC.

“I’m actually the voice of our student-athletes because they have said over and over, we deserve better as student-athletes than to have a patchwork of state laws that tell us how to manage our name, image and likeness. We deserve better than a race to the bottom for competitive purposes on a state-by-state basis, and we as student-athletes want to know when we line up for a kickoff, tip off in a basketball game, first pitch in a softball or baseball game, that the people occupying the other uniforms are governed by the same set of standards governing us,” Sankey said at SEC Media Days in July.

Georgia wasn’t the first state to adopt its own governance on the matter.

The Virginia Legislature passed a law in July that aims to protect its schools from NCAA penalties for paying college athletes directly.

–Field Level Media

ASU quarterback Jaden Rashada (5) throws a pass during a spring practice at the Kajikawa practice fields in Tempe on April 16, 2024.

Jaden Rashada sues Florida’s Billy Napier over NIL deal

Posted on | by Field Level Media

Former Florida recruit Jaden Rashada is suing Gators football coach Billy Napier and a prominent booster over a $13.85 million name, image and likeness deal that went awry.

A lawsuit filed Tuesday in the U.S. District Court for the Northern District of Florida alleges that they made “false and fraudulent promises” to induce Rashada to sign with the program in 2022.

Rashada initially committed to the University of Miami, where he reportedly had a $9.5 million NIL deal on the table. He flipped to Florida after agreeing to a $13.85 million deal with the now-defunct Gator Collective.

The lawsuit claims that Napier promised a $1 million “partial payment” to Rashada’s father when the quarterback prospect signed his national letter of intent, but that the payment never was received.

“As the first scholar-athlete to take a stand against such egregious behavior by adults who should know better, Jaden seeks to hold Defendants accountable for their actions and to expose the unchecked abuse of power that they shamelessly wielded,” states the lawsuit, according to a copy obtained by USA Today.

Florida booster Hugh Hathcock and a former Florida staffer, Marcus Castro-Walker, are named in the lawsuit along with Napier.

“Once Jaden committed to UF, rather than make Jaden ‘rich’ as promised, these people — with Hathcock leading the charge — changed their tune and went back on their word. The amount of UF-affiliated NIL money available for Jaden decreased drastically,” the lawsuit states.

Florida athletic department spokesman Steve McClain issued a statement on Tuesday.

“We do not comment on ongoing litigation, and neither the University Athletic Association nor the University are named in the complaint. The UAA will provide for Coach Napier’s personal counsel, and we will direct all questions to those representatives,” read the statement.

Rashada ended up withdrawing his letter of intent with Florida and enrolled at Arizona State. He appeared in three games for the Sun Devils as a freshman in 2023, passing for 485 yards, four touchdowns and three interceptions.

He transferred from Arizona State to Georgia for the upcoming 2024 season and has four years of eligibility remaining.

–Field Level Media

Apr 13, 2024; University Park, PA, USA; Penn State Nittany Lions head coach James Franklin shakes the hands of fans following the conclusion of the Blue White spring game at Beaver Stadium. The White team defeated the Blue team 27-0. Mandatory Credit: Matthew O'Haren-USA TODAY Sports

Penn State coach James Franklin makes appeal for NIL money

Posted on | by Field Level Media

Penn State coach James Franklin made a video appeal to Nittany Lions football fans on Thursday, asking them to contribute to a fund to pay players through the name, image and likeness program.

The funding is key to keeping Penn State competitive in the expanding Big Ten, Franklin told fans.

“Our goal is to compete for championships while doing it the right way. But having an elite NIL program is critical to this mission. A strong NIL program is a foundational component of building and maintaining an elite roster of players that will ensure our program is competitive in today’s college football,” Franklin said.

“Our staff has done an amazing job of bringing in high level players that uphold the standard of wearing the blue and white. Now we must ensure we do everything we can to guarantee our roster is the best it possibly can be for this upcoming season.”

The university said it has raised just 25 percent of its $500,000 goal via donations to Retain the Roar, a campaign run by Happy Valley United, the school’s NIL collective that serves 31 Penn State sports.

“We need your help,” Franklin said. “Every donation matters.”

A study by a Washington, D.C., certified public accountant projected NIL estimates for each of the public Big Ten universities and reported the collective at Ohio State had brought in an estimated $20.3 million, with Michigan second at $16.4 million and Penn State next at $13.8 million. About 75 percent of the money was set to go to football, per the study.

–Field Level Media

Jan 7, 2024; Houston, TX, USA; A helmet with the College Football Playoff logo at the CFP National Championship Head Coaches press conference at JW Marriot Houston by the Galleria. Mandatory Credit: Kirby Lee-USA TODAY Sports

Report: NIL antitrust case vs. NCAA may be settled in near future

Posted on | by Field Level Media

The antitrust class action lawsuit levied against the NCAA may not go to trial as college sports leaders are in talks to settle, per an ESPN report on Monday.

The plaintiffs in the case, House vs. NCAA, have accused the NCAA and its power conferences of breaking federal law by limiting how athletes can benefit from selling their name, image or likeness.

If the case were to go to trial – set for January 2025 — and the plaintiffs win, the NCAA and its schools could have to shell out more than $4 billion in damages.

NCAA president Charlie Baker, NCAA lawyers, the plaintiffs’ attorneys have been meeting with the power conference commissioners and their general counsels in the Dallas area, with talks ramping up of late, per the report.

Per the report, more information regarding a possible settlement is expected to be released soon, though no deal is close to completion. The settlement – which could cost the NCAA billions in back pay for former athletes — could be the foundation for the NCAA sharing revenue with athletes in the future.

Although it has not been settled, the top-end revenue share amount per school would be around $20 million every year.

Another issue the NCAA faces is college athletes aiming to be viewed as employees and allowing them to unionize, with the National Labor Relations Board reviewing a pair of cases.

While NCAA leaders are against athletes becoming employees, Baker has looked into methods to provide more revenue to athletes at some schools. In December, he proposed a subdivision of the richest programs to pay $30,000 per year to half their athletes or more.

The NCAA wants Congress to enact a clause specifying that college athletes aren’t employees, but there hasn’t been much progress on that front. A multi-billion settlement toward revenue sharing with athletes may lead Congress to help govern college sports.

–Field Level Media