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Here's a breakdown of why this is the case:
1. Direct University Payments Become Primary Compensation:
Schools Pay Athletes: The core of the House settlement is that, starting July 1, 2025, universities themselves can directly pay athletes for their Name, Image, and Likeness (NIL) rights, up to a set annual cap (initially around $20.5 million per school). This money comes from the university's athletic department revenue, primarily from media rights, ticket sales, and sponsorships.
Donors' Role Shifts to the Athletic Department: Instead of donating to an external collective that then pays athletes, donors are now encouraged to direct their contributions to the university's general athletic fund, or specific "athletic impact funds" or "competitive excellence funds" established by the school. This money then becomes part of the school's overall athletic budget, from which the direct athlete payments are drawn. The University of Cincinnati, for instance, has explicitly stated their "Athletics Impact Fund" will play a key role in helping them fund this new model, and they are encouraging fans to contribute directly to it.
2. Increased Scrutiny on Third-Party Deals (Targeting "Pay-for-Play"):
NIL Go Clearinghouse: The settlement introduces a centralized reporting and vetting system called "NIL Go," managed by Deloitte. Any NIL deals between athletes and third parties (including collectives and individual donors) valued at $600 or more must be reported through this clearinghouse.
"Valid Business Purpose" and "Fair Market Value" Enforcement: The key here is the new scrutiny. These third-party deals will be evaluated to ensure they have a "valid business purpose" and that the compensation reflects "fair market value" for the actual NIL activity (e.g., endorsement, appearance, social media post).
Targeting "Associated Entities/Individuals": The NCAA is permitted to prohibit NIL payments from "associated entities or individuals" (which includes donors contributing $50,000 or more, or affiliated collectives) if the payment lacks a valid business purpose or is not at fair market value. This is a direct attempt to curb what was perceived as "pay-for-play" where large sums from boosters were given simply to induce a player to commit or stay, rather than for a legitimate NIL activity. Reports indicate that over 70% of existing deals with booster collectives would have been denied under these new rules.
Donors are encouraged to give to the university directly to support the athletic department's new athlete compensation pool.
Direct payments from individual donors or collectives to athletes for their NIL are still possible, but they are now heavily regulated, scrutinized for fair market value, and subject to enforcement. The intent is to crack down on payments that are seen as disguised recruiting inducements rather than legitimate NIL.
This shift aims to bring more structure and compliance to athlete compensation, moving it from a largely unregulated, booster-driven system to one where the universities themselves are the primary direct payers, accountable for how funds are distributed.
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