Anyone hoping for the NCAA vs. House settlement issues to resolve any time soon will be sorely disappointed. In an article written by Ross Dellenger, the power conferences are creating something of an exclusivity agreement that would provide unified rules around NIL, as well as kick out any current members of the Big Ten, ACC, SEC, etc., that would then elect not to sign and agree to this arrangement.
In a vacuum, maybe the provisions would work out as a way to provide safety nets and guidelines in the current NCAA landscape. It is too little too late at this point, particularly with Judge Claudia Wilken set to issue a verdict that would approve or deny the current negotiations between the college entities and student-athletes.
The writing is on the wall. This is particularly the case as the students continue to win in court battles. Instead, the NCAA as an institution and conferences are now making last-ditch efforts to hold on to power.
Though only being reported right now, the proposed conference agreement would seemingly have several immediate and glaring areas of conflict with the latest court precedent and the latest words from Judge Wilken.
There also would not only be a judicial clash, but several state lawmakers have passed or are planning on passing legislation that would limit the scope of NIL.
Immediate trouble areas for proposed agreement
Part of what the new affiliation would intend to solidify is the role of the Deloitte clearinghouse. To this point, however, Judge Wilken has made her stance clear in terms of not taking away student-athletes' earning potential or taking measures that would potentially impact their market value.
Easily the most legally contentious part of the proposed agreement that is currently in draft form is the inability for members to then sue the College Sports Commission. That, paired with the expulsion aspect of the potential new governing body in the sport, would almost assuredly meet immediate issues in court.
Safe to say, for those who want to put this side behind and only focus on the Xs and Os of the given sport of their choice, that day is not likely to come any time soon.