Since the approval of the House v. NCAA settlement, conferences and schools have been trying to figure out how the rules for college sports’ new era will actually be enforced. The College Sports Commission (“CSC”) has been tasked with the challenge of enforcing new rules and the revenue-share cap that schools must adhere to[1]. In an effort to increase its enforcement powers, the CSC circulated a 10 page University Participation Agreement that would reshape NIL rules and direct-payment enforcement[2]. The Agreement was sent to the Power 4 conferences, as well as to the other 28 Division 1 conferences, requiring them to cooperate with investigations, abide by enforcement decisions, and refrain from filing lawsuits challenging the rules and rulings recently created if they want to take part in the new revenue-sharing system[3].
The Agreement gives the CSC significant power to investigate and punish rule breakers in the era of NIL. The agreement requires schools to give up their rights to sue, meaning they cannot challenge any CSC punishments in court[4]. Schools and conferences also need to agree to not encourage or assist third parties in filing lawsuits against the CSC[5]. The agreement includes language that would require schools to use their best efforts to ensure coaches and boosters cooperate, otherwise the schools will receive penalties[6]. Schools that break the terms of the agreement by suing the CSC over agreed upon rules or encouraging other entities to file lawsuits face significant penalties: they could have their league revenue distributions cut off and face one-year post-season bans[7].
The agreement cannot take effect until every school signs it, but there has been significant push back from some schools and state attorney generals on the actual legality of this document. State attorney generals from Texas, Florida, New Jersey, Ohio, Pennsylvania, and Virginia have expressed concern about their schools signing the agreement[8]. Additionally, general counsels for some schools have issued warnings about the legality, practicality, and fairness of the agreement, with concerns about overreach, due process, and state law barriers[9]. The CSC gave the schools a soft deadline of December 3rd to sign the agreement, but some schools held out and did not sign it[10]. While the concept of the agreement is not dead, it seems like the current version will not end up being final, with significant changes needing to be made in order to get schools to sign.
[1] Ralph D. Russo, New agreement to bar schools from suing College Sports Commission over rules, penalties, New York Times: The Athletic (November 19, 2025).
[2] Michael S. Lowe, Christopher M. Brolley, Philip Nickerson, CSC Moves to Close Post-House Settlement Loopholes and Bolster Enforcement Powers Through Membership Agreement, NIL Revolution, Troutman, Pepper and Locke (November 25, 2025).
[3] Russo, supra note 1.
[4] Lowe, Brolley, Nickerson, supra note 2.
[5] Id.
[6] Id.
[7] Russo, supra note 1.
[8] Amanda Christovich, College Sports Enforcement Effort Stalls as Schools Hold Out, Front Office Sports (December 3, 2025).
[9] Lowe, Brolley, Nickerson, supra note 2.
[10] Christovich, supra notes 8.
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