WSU Cougar Collective Reacts to $2.8B NCAA Settlement: Insights from Tim Brandle

The landscape of college athletics has undergone a seismic shift with the recent $2.8 billion settlement in the landmark House v. NCAA antitrust lawsuits. This settlement marks a pivotal moment in the evolution of Name, Image, and Likeness (NIL) rights and athlete compensation. Tim Brandle, a key figure with the Cougar Collective at Washington State University (WSU), offers an insider’s perspective on what this settlement means for college sports, the Cougar Collective, and the future of athlete compensation at WSU and beyond.

Understanding the House v. NCAA Settlement: A New Era for College Athletes

At its core, the House settlement addresses three major antitrust lawsuits that challenged the NCAA’s longstanding restrictions on athletes’ earning potential. For decades, college athletes were barred from profiting off their NIL, a practice many argued was unfair and illegal restraint on their rights.

Tim Brandle, leveraging his legal background, explains that the settlement sets the groundwork for compensating current and former athletes who were previously excluded from NIL earnings. “There is now a framework in place to pay out former athletes who were unable to recover any compensation before NIL even existed,” he says, highlighting how this could bring justice to players like Luke Faulk and Jihad Woods—athletes who contributed immensely to their institutions but never saw financial benefits.

“My hope is that this will bring some semblance of fairness to guys like Reggie Bush, who lost his Heisman trophy due to NCAA restrictions. If Pete Rose can be inducted into the Hall of Fame, maybe Reggie deserves his Heisman back.” – Tim Brandle

Besides addressing past injustices, the settlement also outlines mechanisms for how current athletes will be compensated moving forward. This includes the establishment of a new NIL clearinghouse, administered by a third party known as Deote. This clearinghouse will function somewhat like an arbitration system, determining the fair market value of NIL contracts between athletes and schools.

The Role of the NIL Clearinghouse: Ensuring Fair Market Value

The clearinghouse is one of the most critical new components introduced by the settlement. According to Tim, any NIL contract exceeding $600 must be submitted to this portal. Deloitte will then evaluate the contract based on a variety of objective factors including social media presence, recruiting rankings, and overall marketability to determine if the contract’s value is appropriate.

This is designed to bring transparency and fairness to NIL deals, preventing inflated or unfair contracts. “They’re going to be the arbiters who decide if a deal is too much or too little, based on position groupings and market value,” Tim explains. However, he also cautions that this system will likely face ongoing legal challenges, as disputes over valuations and contract approvals arise.

Importantly, this clearinghouse mechanism applies strictly to NIL-related payments made by universities, not to scholarships or stipends that are part of the student-athlete’s financial aid package.

WSU Cougar Collective and the Settlement: Partnership, Not Replacement

With some universities shutting down their collectives or bringing NIL efforts entirely under institutional control, many fans wonder what this means for the Cougar Collective. Tim Brandle assures that the Cougar Collective will continue to operate and even strengthen its partnership with WSU.

“We’re not going anywhere,” Tim states emphatically. “The university wants us to keep doing what we’re doing because it works.” The Cougar Collective’s model allows donors and fans to direct their contributions to specific athletes or sports, giving them control over where their money goes—something institutional NIL programs typically cannot offer.

In fact, the settlement and resulting NIL framework will augment the Collective’s efforts by adding another funding avenue for athletes. Tim mentions plans for joint events with the Cougar Athletic Fund, new branded merchandise, and beverage partnerships that leverage the passion of Coug fans to support student-athletes in creative ways.

Budgeting and Prioritization: How WSU Will Allocate NIL Funds

WSU plans to operationalize a budget that strategically directs scholarships, academic stipends, and NIL payments where they will be most impactful. Tim notes that this approach will likely prioritize revenue-generating sports like football and men’s basketball, which is a common trend nationwide.

However, the Cougar Collective remains an important outlet for supporting Olympic sports and non-revenue programs. “We have donors who specifically want to support women’s volleyball, women’s basketball, or track and field,” Tim says. This targeted support ensures that athletes in less prominent sports still receive meaningful financial backing.

Concerns About Private Equity in College Sports

One emerging trend is the involvement of private equity in college athletics funding. Some universities, like Boise State, are reportedly exploring private equity investments to boost their athletic programs. Tim offers a cautionary perspective on this development.

“Private equity is a cutthroat world,” he warns. Such investments come with strings attached, including performance metrics and financial return expectations that could jeopardize university assets or autonomy. Tim strongly advises WSU to seek creative, sustainable fundraising solutions rather than relying on private equity, which could lead to loss of control over university assets or programs.

Interestingly, there is also speculation of private equity investment at the conference level, specifically within the Pac-12. Tim finds this a more palatable option, as it would collateralize tangible conference assets rather than individual schools’ finances, potentially preserving institutional independence.

Impact on International Athletes and Compliance with Visa Regulations

WSU’s basketball program features many international players, which introduces complex challenges in NIL compensation due to visa restrictions. F1 visa holders are prohibited from working or earning income while in the United States, complicating NIL deals.

Tim explains that WSU has developed a legal and creative workaround: international athletes perform NIL-related activities outside U.S. soil. This could include live streams, social media promotions, or community events conducted while abroad. The Cougar Collective contracts clearly stipulate that compensation is only for activities performed outside the U.S.

This approach, validated by immigration attorneys, ensures compliance with visa regulations while enabling international athletes to benefit from NIL opportunities. Tim notes that other universities are adopting similar strategies, and WSU is awaiting final approval from its attorney general to fully implement this system.

Title IX and the Future of NIL Compensation Across Sports

Title IX, which mandates gender equity in education and athletics, looms large over NIL compensation discussions. Tim acknowledges this as a complex and potentially contentious issue, especially given the disparities in revenue and visibility between men’s and women’s sports.

Many administrators argue that NIL compensation should reflect the revenue each sport generates, but this stance could open the door to legal challenges under Title IX. For example, women’s basketball and volleyball programs have gained significant popularity and NIL value, potentially rivaling or exceeding some men’s sports.

Tim predicts ongoing lawsuits challenging unequal NIL pay across genders, emphasizing that this will be a critical area to watch as NIL evolves.

Handling High School Commits and NIL

One of the hot-button issues in college sports is the rumored payment of high school recruits before they even enroll. While some high-profile cases have emerged, Tim clarifies that the House settlement does not currently address NIL payments to high school athletes. This remains a gray area and a potential frontier for future regulatory or legal developments.

WSU and the Cougar Collective have no plans to engage in paying high school recruits. Instead, they focus on supporting enrolled student-athletes, including assisting with practical needs like moving expenses or family travel to games.

Contract Protections and Buyouts: Managing Athlete Mobility

With the advent of NIL contracts, athlete mobility has become a concern for schools and collectives alike. Tim explains that WSU’s contracts include buyout provisions to protect the university and collective when athletes transfer or leave early, ensuring some financial recourse.

“We recovered from three athletes who left last cycle,” Tim notes, underscoring the importance of solid legal protections in this new NIL era.

Looking Ahead: Challenges and Opportunities in College Athletics NIL

Tim Brandle’s insights highlight a college athletics ecosystem in flux. The $2.8 billion House settlement ushers in a new era of athlete compensation, but also introduces complex questions around fairness, compliance, and sustainability.

Some of the biggest challenges include:

• Ongoing legal battles over contract valuations and antitrust issues.
• Ensuring equitable NIL compensation across genders in compliance with Title IX.
• Managing international athletes’ NIL activities within visa restrictions.
• Avoiding risky financial dependencies on private equity investments.
• Navigating the uncertain waters of high school athlete NIL payments.

Yet, the settlement also opens exciting opportunities for programs like WSU’s Cougar Collective to innovate and deepen connections with fans and donors. Tim’s team is developing new brand partnerships, merchandise, and community events that not only support athletes financially but also build a vibrant Coug community around NIL.

Conclusion: Embracing Change with Confidence and Community

The House v. NCAA settlement represents a monumental shift in college sports, redefining the relationship between athletes, universities, and NIL compensation. Thanks to leaders like Tim Brandle and organizations like the Cougar Collective, WSU is well-positioned to navigate this new landscape with creativity, legal acumen, and a strong sense of community.

While challenges remain, the collaborative spirit between WSU and the Cougar Collective, combined with transparent contract practices and fan-driven support, sets a positive example for other programs grappling with NIL’s evolving realities.

For Coug fans and college sports enthusiasts alike, staying informed about these developments is essential. Supporting collectives and engaging with the community ensures that student-athletes receive the benefits they deserve while preserving the integrity and passion of college athletics.

Go Cougs!