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Student-athletes find more power in the changing legal landscape of college sports

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Money disputes abound between student-athletes and universities. Aksonov/E+ via Getty Images

Joshua Lens, University of Iowa

Ever since the NCAA permitted college athletes to get paid by companies that use their names, images and likenesses, athletes have tested the limits of their increasing power.

One of the latest examples is Matthew Sluka, the starting quarterback for UNLV’s first three games of the 2024 season. After helping lead UNLV to three wins and potential contention for a prestigious College Football Playoff bid, Sluka announced on Sept. 24, 2024, he would sit out the rest of the season. His decision is the result of a dispute over compensation for use of his name, image and likeness, commonly referred to as NIL.

While the decision sent shock waves through college athletics, it also shines light on the changing balance of power that favors athletes over their coaches and universities.

As a former lawyer and college athletics compliance administrator – and also as a current university faculty member who has authored several law review articles on legal issues related to NIL – I suggest that Sluka’s situation exemplifies how collegiate athletes can use recent NCAA rules changes to improve their financial situation in the NIL era of college athletics.

Promises and denials

Sluka’s NIL agent claims a UNLV assistant coach failed to fulfill a promise he made Sluka during the recruiting process. That promise, according to Sluka’s agent, was that Sluka would receive US$100,000 of NIL compensation from an NIL collective should he attend UNLV. NIL collectives are generally formed to pool individuals’ and businesses’ funds to provide NIL opportunities and compensation for athletes.

Any such promise by a UNLV assistant coach would violate current NCAA policy. That’s because NCAA policy prohibits coaches from making NIL compensation offers contingent on whether a student enrolls. NIL collectives, on the other hand, may negotiate with athletes during the recruiting process as the result of a U.S. District Court ruling. That ruling prohibits the NCAA from penalizing collectives that negotiate NIL compensation with athletes during the recruiting process.

In a forthcoming BYU Law Review article, however, I suggest that a university whose star athlete transfers because another school’s collective recruited the athlete possesses a viable legal claim against the collective. That claim would be for inducing the athlete to transfer and violate their athletics scholarship agreement.

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UNLV denies Sluka’s version of events. The university asserts that Sluka’s representative demanded more compensation from UNLV and its NIL collective in order for Sluka to continue playing. UNLV says it then refused, as such a “pay-for-play” agreement violates NCAA policy, which states that athletes may not accept NIL compensation based on “play” or on-field results.

Perceptions and ‘pay-to-play’

In Sluka’s case, further complicating things is the issue of whether Sluka’s NIL representative is properly registered with the state as an agent, as required by Nevada law. The state may be interested in pursuing enforcement, given the Nevada secretary of state’s relationship with UNLV’s NIL collective. More specifically, Nevada Secretary of State Francisco V. Aguilar co-founded Blueprint Sports, which operates the collective.

NCAA rules allow a football player to retain a year of eligibility if they play in four or fewer games in a season. Sluka exercised this ability by leaving his team. There is little that UNLV can do about it beyond taking away Sluka’s athletic scholarship for leaving the team.

Universities, however, must be increasingly sensitive to providing the necessary procedures, such as hearings and appeal opportunities, before disciplining athletes in the NIL era. As I explain in a forthcoming SMU Law Review article, a recent U.S. District Court decision involving then-University of Illinois men’s basketball player Terrence Shannon Jr. precluded the university from enforcing its suspension of Shannon without providing appropriate processes, lest he lose out on NIL compensation, which the court classified as a constitutionally protected interest.

A referee makes a ruling on a football field.
Issues of fairness linger in the era of NIL deals for college athletes. David Madison via Getty Images

A slew of lawsuits

Before it granted college athletes the ability to get paid through NIL deals, the NCAA faced long-standing criticism that its policies were unfair to athletes. The argument was that athletes benefited relatively little compared with the NCAA, conferences and universities, even though it was the athletes who provided the product. Along those lines, former college football stars Terrelle Pryor, Reggie Bush and Denard Robinson all recently filed separate lawsuits against the NCAA over denied NIL compensation opportunities.

Some college football luminaries are now questioning whether the pendulum of power has swung too far in favor of athletes in the NIL era. Examples include former Alabama head coach Nick Saban and former Ohio State quarterback and longtime ESPN commentator Kirk Herbstreit. Saban has openly wondered whether the current college football model is sustainable. Herbstreit has lamented “the players having all the control” without any accountability to their coaches and universities.

High-profile college football players, such as quarterbacks Kelly Bryant and D’Eriq King and receiver Gary Bryant Jr., previously exploited NCAA rules permitting them to play in four games and then transfer to another university without sacrificing a season of competition eligibility.

At least publicly, their decisions were due to on-field considerations such as playing time. Sluka’s decision to forgo playing the rest of the season and transfer was different. It is the first time – but likely not the last – a college athlete has publicly based their decision to leave their team mid-season on an NIL dispute.

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Sluka’s departure from UNLV makes clear that collegiate athletes’ power to move freely between universities in pursuit of their best financial situation has greatly increased. Meanwhile, their coaches’ and universities’ power to keep them on the team and participating has significantly decreased.

Joshua Lens, Associate Professor of Instruction of Sport & Recreation Management, University of Iowa

This article is republished from The Conversation under a Creative Commons license. Read the original article.

The Sports section of STM Daily News is your ultimate destination for all things sports, catering to everyday fans and dedicated enthusiasts alike. We cover a wide range of topics, from the thrill of amateur competitions to the excitement of semi-professional and professional leagues. Our content delves into physical and mental fitness, providing insights and tips that help individuals elevate their performance, whether on the field or in their personal wellness journeys. Stay informed and inspired as we explore the dynamic world of sports, celebrating both the passion of the players and the joy of the fans.

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Entertainment

“Sleeves Senior Pickleball Report: Hive 16mm Paddle Review”

Get the lowdown on the latest episode of Sleeves Senior Pickleball Report, featuring an in-depth review of the Hive 16mm paddle from Reign and Win.

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https://youtu.be/HpamUD9GeJo

In the latest episode of Sleeves Senior Pickleball Report, Mike Sleeves Sliwa delivered an insightful paddle review, focusing on the much-anticipated Hive 16mm from Reign and Win. As an authority in the pickleball community, Sleeves’ expertise and attention to detail provided viewers with a comprehensive analysis of the paddle’s performance.

During the review, Sleeves highlighted the Hive 16mm’s innovative design, emphasizing its honeycomb core and the impact it had on the paddle’s feel and responsiveness. He meticulously assessed its power, control, and maneuverability, catering to both seasoned players and newcomers to the sport.

Sleeves’ engaging presentation and genuine passion for the game made this paddle review not only informative but also entertaining. His candid insights and practical demonstrations undoubtedly left viewers eager to get their hands on the Hive 16mm for their next game. As always, Sleeves continues to be a trusted source for pickleball enthusiasts seeking reliable gear reviews and expert advice.

Use the code “Reign10” and get 10% off your purchase. A percentage of proceeds go to Non-Profit Bee Farmers. SAVE THE BEES! https://reignandwinpickleball.com/pro…

https://reignandwinpickleball.com/collections/the-hive


Sleeve’s SPR on the web:

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Sign up for the SPR Newsletter and get news and episode release info right into your inbox: https://q5i.09c.myftpupload.com/sleeves-senior-pickleball-report/sleeves-spr-newsletter-sign-up/

Merch links and affiliate links…

Sleeves shirt and hat: PIKL Nation, https://www.piklnation.com

Visit Miles Jane and get $15 off by using code SLEEVES15OFF when you make a purchase.

https://milesjane.com

MilesJane on Instagram: https://www.instagram.com/milesjane_pickleball/

#PickleballFashion

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Discover the newest apparel and accessories for the Senior Pickleball Report by SLEEVES, now available through Santa Barbara Happy! Use the discount code: Sleeve10 for 10% off.

PiklNation: We believe that pickleball is not just a game, but a lifestyle. Our mission is to add joy, style, and humor to the pickleball community. https://www.piklnation.com/

Check out the Bread & Butter Filth and get 15% off your purchase ( use the code SleevesPBR): 

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Picklin is revolutionizing pickleball practice with The Dink Net! Improve your dink game and revolutionize your practice with this portable net that sets up in under 60 seconds. Perfect for practicing your skills anywhere, The Dink Net enhances muscle memory and helps you become an expert player faster. Picklin is dedicated to enhancing your game with innovative products, ensuring your transition into pickleball is smooth and enjoyable. 

Use code SENIORPICKLEBALLREPORT for 10% off your entire order. Elevate your pickleball experience with Picklin! https://startpicklin.com/seniorpickleballreport 

Fitville is offering a discount to you, the viewers of Sleeve’s SPR… Use this code to get 30% off:   SPR30

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35% OFF for New User:  SPR35 

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Learn about the R.A.W. (Reign and Win) Excluder 1, a fantastic paddle that supports non-profit bee farmers and contributes to preserving bees. Use the promo code “Reign10” to get a 10% discount on your purchase. Let’s work together to save the bees, who play a vital role in sustaining life on our planet. Click the link below to find out more about this product.

SPR Shirts and merch: https://stm-store.online/spr-merchand...

Just Paddles https://www.justpaddles.com/?rfsn=660...

#pickleball 

#seniorpickleball

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#pickleballislife

Social Links:

SPR on Facebook: https://www.facebook.com/profile.php?...

SPR on WEB https://sleeves-spr.com

SPR on Instagram: https://www.instagram.com/seniorpickl...

SPR on TikTok 

twitter: https://twitter.com/SeniorPBReport

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Author

  • Michael J Sliwa

    Over the past few years, Mike has become an insane pickleballer (pickler), fortunately for the senior 50+ crowd he started his show, Sleeve’s Senior Pickleball Report. He spends the rest of his time speaking on social justice and spending time with his beautiful wife, Karen, and enjoying simple living in his ger/yurt. View all posts


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Senior Pickleball Report

Dreambreaker: A Pickleball Story Premieres April 11 on truTV

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Dreambreaker: A Pickleball Story – Film 45

Excitement is building for pickleball fans and sports enthusiasts alike as the highly anticipated documentary Dreambreaker: A Pickleball Story is set to premiere on April 11, 2025, on truTV. This film captures the thrilling evolution of pickleball from a casual pastime to a burgeoning professional sport, offering an inside look at a fierce power struggle between two billionaire moguls determined to shape its future.

Narrated by Mike “Sleeves” Sliwa from The Senior Pickleball Report, Dreambreaker features appearances by top pickleball pros and sports icons, including John McEnroe and media personality Billy Bush. Crafted by writer Craig Coyne and directed by Ashley Underwood, the documentary explores the intertwining of sports, aspirations, and rivalries within the pickleball community.

Constantly Evolving Pickleball Story

With its rich narrative and compelling characters, Dreambreaker goes beyond the court to reveal the passion and politics that define the sport. Set your calendars for April 11 and prepare for a captivating journey that promises to enhance your appreciation of pickleball and its growing cultural significance. Don’t miss the chance to witness the drama and dreams that characterize this exhilarating game!

Related links:

https://deadline.com/video/dreambreaker-a-pickleball-story-ashley-underwood-documentary-clip-premiere

https://sleeves-spr.com/dreambreaker-a-pickleball-story-premieres-april-11-on-trutv/

STM Daily News is a vibrant news blog dedicated to sharing the brighter side of human experiences. Emphasizing positive, uplifting stories, the site focuses on delivering inspiring, informative, and well-researched content. With a commitment to accurate, fair, and responsible journalism, STM Daily News aims to foster a community of readers passionate about positive change and engaged in meaningful conversations. Join the movement and explore stories that celebrate the positive impacts shaping our world.

https://stmdailynews.com/

Authors

  • Rod Washington

    Rod: A creative force, blending words, images, and flavors. Blogger, writer, filmmaker, and photographer. Cooking enthusiast with a sci-fi vision. Passionate about his upcoming series and dedicated to TNC Network. Partnered with Rebecca Washington for a shared journey of love and art. View all posts

  • Michael J Sliwa

    Over the past few years, Mike has become an insane pickleballer (pickler), fortunately for the senior 50+ crowd he started his show, Sleeve’s Senior Pickleball Report. He spends the rest of his time speaking on social justice and spending time with his beautiful wife, Karen, and enjoying simple living in his ger/yurt. View all posts

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Sports

Unveiling the Journey: Rising Pickleball Sensation Connor Garnett in Conversation with Mike Sleeves Sliwa

“Get exclusive insights into Connor Garnett’s journey from amateur to pro in the latest episode of Sleeves Senior Pickleball Report.”

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In the latest episode of the podcast, People of Pickleball, Mike Sleeves Sliwa sits down with the rising pickleball sensation, Connor Garnett.


Garnett shares his journey from amateur to professional, offering insights into his training regimen and mental approach to the game.

Listeners get an inside look at Garnett’s strategies for success, including his thoughts on the evolving landscape of competitive pickleball.


Sliwa delves into Garnett’s experiences on and off the court, revealing the dedication and passion that drive this young athlete forward.

The episode provides a compelling narrative of determination and skill, inspiring both newcomers and seasoned players alike.

Tune in to hear the full interview and gain valuable tips from one of pickleball’s most promising talents.

Sleeve’s SPR on the web:

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https://sleeves-spr.com

Sign up for the SPR Newsletter and get news and episode release info right into your inbox:

https://sleeves-spr.com/newsletter-sign-up/

Merch links and affiliate links…

Merch Store 1
https://stm-store.online/spr-merchandise/

Sleeves shirt and hat: PIKL Nation, https://www.piklnation.com

Visit Miles Jane and get $15 off by using code SLEEVES15OFF when you make a purchase.

https://milesjane.com

MilesJane on Instagram: https://www.instagram.com/milesjane_pickleball/

Advertisement
image 101376000 12222003

#PickleballFashion

Discover the newest apparel and accessories for the Senior Pickleball Report by SLEEVES, now available through Santa Barbara Happy! Use the discount code: Sleeve10 for 10% off.

PiklNation: We believe that pickleball is not just a game, but a lifestyle. Our mission is to add joy, style, and humor to the pickleball community. https://www.piklnation.com/

Check out the Bread & Butter Filth and get 15% off your purchase ( use the code SleevesPBR): 

https://www.bnbpickleball.com/?sca_ref=4297023.2Ijsgs79j6..

Picklin is revolutionizing pickleball practice with The Dink Net! Improve your dink game and revolutionize your practice with this portable net that sets up in under 60 seconds. Perfect for practicing your skills anywhere, The Dink Net enhances muscle memory and helps you become an expert player faster. Picklin is dedicated to enhancing your game with innovative products, ensuring your transition into pickleball is smooth and enjoyable. 

Use code SENIORPICKLEBALLREPORT for 10% off your entire order. Elevate your pickleball experience with Picklin! https://startpicklin.com/seniorpickleballreport 

Advertisement
image 101376000 12222003

Fitville is offering a discount to you, the viewers of Sleeve’s SPR… Use this code to get 30% off:   SPR30

35% OFF for New User:  SPR35 

https://bit.ly/3PoES6w

Learn about the R.A.W. (Reign and Win) Excluder 1, a fantastic paddle that supports non-profit bee farmers and contributes to preserving bees. Use the promo code “Reign10” to get a 10% discount on your purchase. Let’s work together to save the bees, who play a vital role in sustaining life on our planet. Click the link below to find out more about this product.

SPR Shirts and merch: https://stm-store.online/spr-merchand...

Just Paddles https://www.justpaddles.com/?rfsn=660...

#pickleball 

Advertisement
image 101376000 12222003

#seniorpickleball

#pickleballislife

Social Links:

SPR on Facebook: https://www.facebook.com/profile.php?...

SPR on WEB https://q5i.09c.myftpupload.com/sleeves-seni...

SPR on Instagram: https://www.instagram.com/seniorpickl...

SPR on TikTok 

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twitter: https://twitter.com/SeniorPBReport

Get the latest updates and information on the rapidly growing sport of pickleball, specifically designed for the senior community aged 50+. Check out Sleeve’s Senior Pickleball Report on YouTube to stay informed and up-to-date with the ever-changing world of pickleball. Join the community and stay ahead of the game. https://stmdailynews.com/sleeves-senior-pickleball-report/

Author

  • Michael J Sliwa

    Over the past few years, Mike has become an insane pickleballer (pickler), fortunately for the senior 50+ crowd he started his show, Sleeve’s Senior Pickleball Report. He spends the rest of his time speaking on social justice and spending time with his beautiful wife, Karen, and enjoying simple living in his ger/yurt. View all posts


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