A settlement being discussed in an antitrust lawsuit against the NCAA and major college conferences could cost billions and pave the way for a compensation model for college athletes.
An agreement has not been finalized and many questions remain unanswered. It is also unclear if new rules could withstand further legal scrutiny, but it appears college sports is heading down a revolutionary path with at least some schools directly paying athletes to participate. Here's what is known and what still needs to be figured out:
House vs. NCAA is a class-action federal lawsuit seeking damages for athletes who were denied the opportunity, going back to 2016, to earn money from use of their name, image or likeness — often referred to by the acronym NIL. The plaintiffs, including former Arizona State swimmer Grant House, are also asking the court to rule that NIL compensation should include billions of dollars in media rights fees that go to the NCAA and the wealthiest conferences (Big Ten, Big 12, Atlantic Coast and Southeastern), mostly for football and basketball.
The settlement being discussed could have the NCAA paying nearly $3 billion in damages over 10 years, with help from insurance and withholding of distributions that would have gone to the four big conferences. Last year, NCAA revenue approached $1.3 billion and the association projects a steady rise in coming years, thanks mostly to increases baked into the television contract with CBS and Warner Bros. Discovery for the men's basketball tournament. A new, eight-year deal with ESPN worth $920 million for the Division I women's basketball tournament and other championship events takes effect in 2025.
The potential settlement also calls for a $300 million commitment from each school in those four conferences over 10 years, including about $20 million per year directed toward paying athletes. Administrators have warned that could lead to program cuts for the so-called non-revenue sports familiar to fans who watch the Olympics.
“It’s the Olympic sports that would be in jeopardy,” Alabama athletic director Greg Byrne said during a March panel in Washington led by Sen. Ted Cruz (R-Texas). “That’s men and women. If you look at the numbers for us at the University of Alabama, with our 19 sports outside of football and men’s basketball, we lost collectively almost $40 million."
Not entirely clear. Presumably, it would start with the athletes in sports that produce most of the revenue: football and men's basketball players at the biggest and wealthiest programs. Women's basketball is likely next in line, but it is possible athletes in all sports could see some benefit — but probably not at all schools.
What's being considered is allowing schools to pay athletes, but not requiring those payments. Schools that don't rake in millions in TV revenue wouldn't necessarily be on the hook. There are also unanswered questions about whether the federal gender equity law Title IX would require equal funding for male and female athletes.
Getting the presidential boards of four conferences and the NCAA board of governors to approve a settlement is not a given, not to mention the plaintiffs in the House case. Still, the possibility of having to pay $4 billion in damages — and the NCAA has been on the losing end of many recent court cases — has spurred interest in a deal before trial begins in January.
The case is being heard in the Northern District of California by U.S. Judge Claudia Wilken, who has already ruled against the NCAA other landmark antitrust lawsuits and ordered the sides in House to seek a settlement.
Settling existing cases is only one step. A new system for compensating college athletes would be needed to avoid similar challenges in the future; for example, anything that looks like a cap on compensation by, say, the four major conferences would be ripe for another lawsuit.
The NCAA has been asking Congress for some kind of antitrust exemption for years, but the emphasis has shifted lately from regulating NIL compensation to keeping the athletes from being deemed employees.
A ruling from an NLRB regional director paved the way for members of the Dartmouth men's basketball team to vote to join a union after being deemed employees, and many have advocated for collective bargaining as a solution to college sports' antitrust exposure.
Jason Stahl, executive director of the College Football Players Association advocacy group, says lawmakers should create a special status for college athletes that would give them the right to organize and collectively bargain without actual employee status.
Stahl said even though many college athletes are apprehensive about being employees and joining a union, they should have the right to decide that.
"My concern is there would be some type of one-two punch," Stahl said of a lawsuit settlement followed quickly by federal legislation to codify a revenue-sharing plan that precludes athletes from employee status and the right to organize. “A lot of things I'm hearing about this cap are not things I want to be hearing."
There are so many moving parts that it is hard to say with certainty, though settling House seems to a priority for late spring or summer. The earliest for any true changes noticed on campus would be fall of 2025.
AP college football: https://apnews.com/hub/college-football
FILE - Referees try to break up an altercation between Alabama and Auburn during the second half of an NCAA college football game, Saturday, Nov. 25, 2023, in Auburn, Ala. A settlement being discussed in an antitrust lawsuit against the NCAA and major college conferences could cost billions and pave the way for a new compensation model for college athletes. (AP Photo/Vasha Hunt, File)
FILE - NCAA signage outside the headquarters in Indianapolis, Thursday, March 12, 2020. A settlement being discussed in an antitrust lawsuit against the NCAA and major college conferences could cost billions and pave the way for a new compensation model for college athletes. (AP Photo/Michael Conroy, File)
FILE - Footballs stand ready before the Virginia Tech at Wake Forest NCAA college football game in Winston-Salem, N.C., Saturday Oct. 15, 2011. A settlement being discussed in an antitrust lawsuit against the NCAA and major college conferences could cost billions and pave the way for a new compensation model for college athletes. (AP Photo/Bob Leverone, File)
ATLANTA (AP) — President Joe Biden is delivering the commencement address at Morehouse College on Sunday, a key opportunity for an election-year appearance before a Black audience but one that also could directly expose him to the anger that some of these and other students across the country have been expressing over his staunch support for Israel in its war against Hamas militants in Gaza.
The White House hinted that Biden would reference the concerns of students and faculty at the male-only, historically Black college over his approach to the war. Press secretary Karine Jean-Pierre said, “stay tuned,” when asked if the Democratic president would address the worries that sparked weeks of student protests on college campuses nationwide.
The speech, and a separate one Biden is giving later Sunday in the Midwest, is part of a burst of outreach to Black constituents by the president, who has watched his support among these voters soften since their strong backing helped put him in the Oval Office in 2020.
After speaking at Morehouse in Atlanta, Biden will travel to Detroit to address an NAACP dinner.
Georgia and Michigan are among a handful of states that will help decide November's expected rematch between Biden and Republican former President Donald Trump. Biden narrowly won Georgia and Michigan in 2020 and needs to repeat — with a boost from strong Black voter turnout in both cities.
Jean-Pierre said Biden has been looking forward to the Morehouse speech, as he does all of his commencement addresses. He has been writing the remarks himself, along with senior advisers, she said.
“When it comes to this difficult moment in time that we're in as we speak about the protests, he understands that there's a lot of pain,” Jean-Pierre said. “He understands that people have a lot of opinions and he respects that folks have a lot of opinions.”
Biden spent part of Saturday warming up for the big speech. He was greeted at Atlanta's airport by a group of past Morehouse graduates and playfully draped an arm around the shoulder of one. He later stopped at Mary Mac's Tea Room, a Black-owned restaurant that opened nearly 80 years ago, to briefly address about 50 supporters. A 2024 Morehouse graduate introduced him.
The president joked about being surrounded by “Morehouse Men."
Biden spent the back end of the past week reaching out to Black constituents. He met with plaintiffs and relatives of those involved in Brown v. Board of Education, the landmark 1954 Supreme Court decision that outlawed racial segregation in public schools. He also met with members of the “Divine Nine” Black fraternities and sororities and spoke with members of the Little Rock Nine, who helped integrate a public school in Little Rock, Arkansas, in 1957.
Morehouse's announcement that Biden would be the commencement speaker drew some backlash among the school’s faculty and supporters who oppose Biden’s handling of the Israel-Hamas war. Some Morehouse alumni circulated an online letter condemning school administrators for inviting Biden and soliciting signatures to pressure Morehouse President David Thomas to rescind it.
The letter claimed that Biden’s approach to Israel amounted to support of genocide in Gaza and was out of step with the pacifism expressed by Martin Luther King Jr., Morehouse's most famous graduate.
The Hamas Oct. 7 attack on southern Israel killed 1,200 people. Israel's offensive has killed more than 35,000 Palestinians in Gaza, according to local health officials.
In an extended interview with The Associated Press, Thomas sought to play down the prospect of students protesting during the ceremony. He held up the all-male campus as a place that, like other historically Black colleges and universities, can balance social justice and political activism with a sense of order and decorum befitting commencement and a presidential address.
“I think you will find on a spectrum that we represent both ends – those who are vehemently opposed to the president coming to speak and those at the other end who think it’s a great thing ... and who don’t see a contradiction between their feelings about what’s going on in Gaza and the president coming,” he said.
But some students at Morehouse and the adjacent campuses that make up the Atlanta University Center (AUC) remain staunchly opposed to Biden’s appearance. They accuse Thomas and Morehouse trustees of prioritizing status and establishment political alliances over the values the school espouses.
AUC students, faculty and alumni held a rally and die-in against Biden on Friday.
“If our illustrious HBCUs and administrators really loved the activism they claimed to be for and use as a marketing tool then they would ... stand with us as we pray to God, ‘From the West End to the West Bank,’” said Morehouse junior Lonnie White of Atlanta, among the students who participated in two AUC demonstrations in recent weeks.
Student protest leaders said they know of no organized protest plans within the commencement site itself.
“I don’t even have a ticket,” said Morehouse sophomore Anwar Karim, who led a petition calling on Thomas to rescind Biden’s invitation.
Karim said he expected some students to attend nearby gatherings planned previously to commemorate the birthday of Malcolm X, a Black leader often credited with advancing the Black Power philosophy as a Civil Rights-era alternative to King’s practice of civil disobedience.
Thomas said in the interview that silent, non-disruptive protests would be tolerated, but repeated a pledge to halt the ceremony if disruptions mount.
Former U.S. Rep Cedric Richmond, a Morehouse alumnus and Biden campaign co-chairman who helped broker the president’s appearance, called the graduation a “solemn event” and said the gravity of the moment should give potential protesters pause.
"I would hope that people will not interrupt a once-in-a-lifetime moment like that for those students and those parents and grandparents who are there to see these young men walk across that stage,” Richmond said.
In Detroit, Biden was set to visit a Black-owned small business before delivering the keynote address at the NAACP’s Freedom Fund dinner, which traditionally draws thousands of attendees. The speech gives Biden a chance to reach thousands of people in Wayne County, an area that has historically voted overwhelmingly Democratic but has shown signs of resistance to his reelection bid.
Wayne County also holds one of the largest Arab American populations in the nation, predominantly in the city of Dearborn. Leaders there were at the forefront of an “uncommitted” effort that received over 100,000 votes in the state’s Democratic primary and spread across the country.
A protest rally and march against Biden’s visit are planned for Sunday afternoon in Dearborn. Another protest rally is expected later that evening outside Huntington Place, the dinner venue.
Associated Press writer Joey Cappelletti in Lansing, Michigan, contributed to this report.
FILE - President Joe Biden speaks on the grounds of Morehouse College and Clark Atlanta University, Jan. 11, 2022, in Atlanta. Biden will deliver the commencement address at Morehouse University Sunday, May 19, 2024, giving the Democrat a key spotlight on one of the nation's preeminent historically Black campuses but potentially exposing him to uncomfortable protests as he seeks reelection against Donald Trump. (AP Photo/Patrick Semansky, File)
President Joe Biden, right, greets a young girl as he speaks with supporters at Mary Mac's Tea Room, Saturday, May 18, 2024, in Atlanta. (AP Photo/Alex Brandon)
President Joe Biden speaks with supporters at Mary Mac's Tea Room, Saturday, May 18, 2024, in Atlanta. (AP Photo/Alex Brandon)
President Joe Biden, right, greets Stacey Abrams at Mary Mac's Tea Room, Saturday, May 18, 2024, in Atlanta. (AP Photo/Alex Brandon)
President Joe Biden speaks with supporters at Mary Mac's Tea Room, Saturday, May 18, 2024, in Atlanta. (AP Photo/Alex Brandon)
President Joe Biden, third from right, poses with alumni of Morehouse College including Montgomery, Ala. Mayor Steven Reed, from left, Birmingham, Ala. Mayor Randall Woodfin, Sen. Raphael Warnock, D-Ga., Marlon Kimpson, a member of the advisory committee for trade policy and negotiations in the office of the U.S. Trade Representative, Rep. Sanford Bishop, D-Ga., and John Eaves, former chairman of the Fulton County Board of Commissioners, upon arriving at Hartsfield-Jackson Atlanta International Airport, Saturday, May 18, 2024, in Atlanta. (AP Photo/Alex Brandon)
President Joe Biden, second from right, is greeted by alumni of Morehouse College including Sen. Raphael Warnock, D-Ga., from left, Marlon Kimpson, a member of the advisory committee for trade policy and negotiations in the office of the U.S. Trade Representative, and Rep. Sanford Bishop, D-Ga., upon arriving at Hartsfield-Jackson Atlanta International Airport, Saturday, May 18, 2024, in Atlanta. (AP Photo/Alex Brandon)
President Joe Biden, second from right, is greeted by alumni of Morehouse College including Sen. Raphael Warnock, D-Ga., from left, Marlon Kimpson, a member of the advisory committee for trade policy and negotiations in the office of the U.S. Trade Representative, and Rep. Sanford Bishop, D-Ga., upon arriving at Hartsfield-Jackson Atlanta International Airport, Saturday, May 18, 2024, in Atlanta. (AP Photo/Alex Brandon)
