The NCAA’s House v. NCAA settlement enables schools to share up to $20.5M annually with athletes and allocates $2.8B in back pay. As Deloitte oversees NIL deals over $600, concerns grow over retroactive rejections and unclear standards. Former NFL executive Jack Easterby points to ongoing transparency and rule clarity challenges.
CHARLOTTE, N.C., June 10, 2025 /PRNewswire-PRWeb/ -- As the NCAA moves forward with its landmark settlement in House v. NCAA, college athletics is undergoing a fundamental shift in how student-athletes are evaluated and compensated through Name, Image, and Likeness (NIL) deals. At the center of this controversy is Deloitte, recently named the independent clearinghouse responsible for reviewing NIL agreements valued at over $600. (1) Yet with new oversight comes a wave of uncertainty—early estimates suggest that nearly 70% of previous collective NIL deals would have been rejected under the new “fair market value” (FMV) rules, alarming athletes, schools, and advocates.
“We’re witnessing a new era of athlete compensation being built on the same old problems—unclear rules and no transparency,” says Jack Easterby, former NFL executive with expertise in athlete development, performance systems, and onboarding for elite pro and D1 teams. “When decision-making is outsourced to opaque processes, trust erodes—and athletes are left in the dark.”
A System Still Taking Shape
Deloitte’s new NIL Go platform evaluates each qualifying NIL deal using a confidential 12-factor fair market value (FMV) rubric, with the authority to approve or deny deals based on undisclosed criteria (2). While intended to standardize evaluations, critics argue the process merely rebuilds the same “black box” system that previously plagued NCAA compliance—where stakeholders can’t see how decisions are made.
“If Deloitte decides what is or isn’t fair market value without showing its math, we’re outsourcing accountability to a private firm with no public oversight. That’s a recipe for inequity”, warns Easterby.
Easterby, who has shaped culture and development strategies for both the New England Patriots and Houston Texans, emphasizes that trust in the NIL system depends on openness. “We can’t claim this is progress if athletes don’t know how their value is determined,” he adds.
Easterby’s Three Reforms for a Transparent NIL System
1. Public FMV Standards in Plain Language
Easterby calls for Deloitte’s FMV criteria to be published. “If student-athletes are going to be judged by these standards, they deserve to see them. Otherwise, decisions stay hidden and risk being inconsistent or biased.”
2. Establish Independent Oversight with Athlete Representation
He proposes an independent review board made up of former athletes, ethics experts, and university representatives to audit NIL rejections and ensure consistency. “This can’t be left to a single firm.”
3. Mandate Deal Disclosures and Appeals Process
Transparency requires that rejected deals come with clear explanations and a defined process for appeal. “Athletes are stepping into adulthood and the business world—give them the respect of a clear explanation and a fair way to challenge decisions.”
Inside the NIL Go Process
The NIL Go system applies a three-stage framework for NIL deals above the $600,000 threshold:
- Payor Association Verification: Schools determine if a payor is associated with the athletics program based on criteria such as exclusive NIL opportunities or contributions over $50,000. Only these deals require FMV review.(3)
- Business Purpose Verification: Schools assess whether the NIL deal serves a legitimate business purpose and isn’t just a recruiting incentive.
- Compensation Analysis: Deloitte uses a 12-point rubric to evaluate compensation fairness. Criteria include performance metrics, social media presence, brand impact, and more, benchmarked against historical data from both college and pro athletes.
Broader Impact and Legal Uncertainty
Enforcement of NIL compliance is shifting from the NCAA to the five power conferences (ACC, Big Ten, Big 12, Pac-12, SEC), which will manage penalties and disputes via a new Settlement Enforcement Committee. (4) Schools will bear greater responsibility for reporting, oversight, and dispute resolution. Some are even extending NIL offers to high school recruits, despite the current lack of authority to review such deals—an issue that could lead to legal challenges over contract validity and enforcement.
The Road Ahead
As college sports evolve, Easterby stresses the importance of building trust through transparency. “Today’s athletes are managing personal brands and business relationships by the time they’re 16 or 17,” he says. “They’re not just athletes—they’re entrepreneurs. But this is only a step forward if the system supports them fairly.” In this new era where athletes are building identities on and off the field, trust, transparency, and open governance will be critical to ensuring NIL serves as a tool for empowerment rather than confusion.
About Jack Easterby
Jack Easterby is a sports executive with extensive experience in organizational workflow, team construction/development, player culture, and leadership. Easterby has held key roles in organizations aiming to reset including the Executive Vice President of Football Operations with the Houston Texans and Team Development Director/Character Coach with the New England Patriots, contributing to three Super Bowl victories and seven division championships. He has also served the Kansas City Chiefs, NBA executives, as well as the professional athletes in multiple Olympic sports in their aim to build championship culture and build infrastructure.
References:
- Marcello, Brandon “$2.8 billion House v. NCAA Settlement Hangs in Balance as Federal Judge Extends Response Deadline.” CBSSports.com, 3 june 2025, cbssports.com/college-football/news/2-8-billion-house-v-ncaa-settlement-hangs-in-balance-as-federal-judge-extends-response-deadline/.
- “Inside the House v. NCAA Settlement’s New NIL Oversight Regime: 12 Steps, Power Conferences, and a Compliance Balancing Act.” Employment Law Lookout, 22 May 2025, laborandemploymentlawcounsel.com/2025/05/inside-the-house-v-ncaa-settlements-new-nil-oversight-regime-12-steps-power-conferences-and-a-compliance-balancing-act/.
- Brolley, Christopher M. ““NIL Go”: Deloitte Establishes Basic Framework to Review Third-Party NIL Deals.” NIL Revolution, 20 May 2025, nilrevolution.com/2025/05/nil-go-deloitte-establishes-basic-framework-to-review-third-party-nil-deals/.
- Christovich, Amanda. “New Lawsuit Challenges Restrictions on High School NIL Deals, Transfers.” Front Office Sports, 3 June 2025, frontofficesports.com/new-lawsuit-challenges-restrictions-on-high-school-nil-deals-transfers/.
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SOURCE Jack Easterby
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