On July 24, 2025, President Trump signed an Executive Order titled "Saving College Sports" (the "Order"). The White House also released an accompanying Fact Sheet regarding the Order.
The Order described its stated "Purpose and Policy" as "provid[ing] the stability, fairness, and balance necessary to protect student-athletes, collegiate athletic scholarships and opportunities, and the special American institution of college sports." In furtherance of its stated goals, the Order sets forth various policies and directives that acknowledge the myriad changes to college sports stemming from the House Settlement's approval in June, but that also seek to address concerns over the sustainability of women's and non-revenue sports programs.
NCAA-member institutions should consider the implications of this Order to prepare to respond to any regulatory, enforcement, and litigation mechanisms used by the Executive Branch to implement the Order's directives. The provisions of the Order are set for implementation for this coming 2025-2026 athletic season. A description of the relevant provisions is below:
Section 2: "Protecting and Expanding Women's and Non-Revenue Sports and Prohibiting Third Party Pay-for-Play Payments"
This section sets forth the following policies:
- Athletic departments with revenue over $125 million are directed to increase scholarship and roster opportunities in non-revenue sports, while those with more than $50 million must at least maintain as many scholarship opportunities in non-revenue sports as they provided in 2024-2025.
- Athletic departments with $50 million or less in revenue "should not disproportionately reduce scholarship opportunities or roster spots for sports based on the revenue that the sports generate."
- Universities should not permit third-party pay-for-play payments to athletes, except for fair-market-value compensation for legitimate services like endorsements.
Within 30 days of the date of the Order, the Secretary of Education, in consultation with other agencies, must develop a plan to implement these policies through regulatory, enforcement, and litigation mechanisms. The plan's development is due on or before August 26.
Section 3: "Student-Athlete Status"
Under this section, the Order directs the Secretary of Labor and the National Labor Relations Board to clarify the legal status of college athletes. The goal is to ensure that any guidance or rules maximize the educational benefits and opportunities provided through college athletics.
Section 4: "Legal Protections for College Athletics from Lawsuits"
This section instructs the Attorney General and the Federal Trade Commission (FTC) to review and, if needed, revise litigation, guidelines, and policy positions that affect the long-term availability of collegiate athletic scholarships and opportunities.
Within 60 days of the date of the Order, these agencies, the Attorney General, and the FTC must "develop a plan to implement appropriate future litigation positions, guidelines, policies, or other actions." The plan's development is due on or before September 22.
Section 5: "Protecting Development of the United States Olympic Team"
Finally, the Order calls for the White House to consult with the U.S. Olympic and Paralympic Committee and "other appropriate organizations of American athletes." The aim is to "safeguard[] the integral role and competitive advantage that American collegiate athletics provide" for developing athletes who represent the United States in international competitions.
What's Next
It remains to be seen if, and how, this Order will intersect with various aspects of the House Settlement. For example, the College Sports Commission was established after the House Settlement to oversee compliance with the NCAA's new rules regarding roster limits, revenue sharing and student-athlete third-party NIL deals. It may be the case that federal policy bolsters the Commission's efforts to determine whether third-party NIL deals have a valid business purpose.
Institutions are advised to review their current policies and consult legal counsel to ensure alignment with the new federal directives and to monitor forthcoming regulatory actions and guidance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
