During the 2025 University of Alabama commencement address on May 1, President Donald Trump had a conversation with former Alabama coach Nick Saban about the state of college athletics. President Trump asked coach Saban for some suggestions on how to "save" college sports. It appears the results of that conversation, along with the NCAA’s years-long lobbying efforts to help reestablish its authority in college sports, materialized last week in the latest White House executive order.
On July 24, 2025, Trump issued an executive order titled "Saving College Sports," signaling a sweeping new policy directive aimed at what the administration describes as stabilizing the collegiate athletics landscape. The order comes in response to a flurry of recent legal, regulatory, and institutional changes — chiefly surrounding NIL compensation, revenue-sharing models, and transfer and eligibility limits — that some stakeholders believe threaten the future of college athletics. A federal judge’s approval earlier this summer of the landmark House vs. NCAA settlement is perhaps the most notable example of a pivotal shift for higher education institutions as the settlement for the first time ever allows Division I colleges and universities to elect to compensate their student-athletes directly through revenue sharing.
Trump’s executive order establishes the preservation and expansion of women’s and non-revenue sports as a key national priority and proposes regulatory guardrails to address what the order characterizes as the "out-of-control, rudderless system" of college sports. An accompanying fact sheet describes how recent litigation around NIL has created a "chaotic environment that threatens the financial and structural viability of college athletics." The executive order also instructs several federal agencies to develop coordinated enforcement strategies to reinforce the administration’s position.
Below are key takeaways from the executive order for higher education institutions.
Pressure to Expand, Not Reduce, Non-Revenue Sports
The executive order sets forth clear expectations for athletics departments based on their revenue levels:
- Institutions with over $125 million in athletics revenue are urged to increase scholarships and roster spots for non-revenue sports in the 2025-2026 season.
- Institutions with revenues between $50 million and $125 million are directed to maintain at least the same level of non-revenue sport opportunities.
- Institutions under $50 million or without revenue-generating sports should avoid disproportionate reductions.
For administrators, this signals an expectation that newly available NIL funds and revenue-sharing frameworks should not come at the expense of Olympic and women’s sports like tennis, softball, and swimming and diving. Administrators must now balance these federal expectations with House-related financial pressures to develop and implement athletics strategic plans.
Federal Opposition to Pay-for-Play Via Third Parties
The executive order draws a stark line between legitimate NIL endorsements and improper "pay-for-play" inducements, particularly those facilitated through third-party collectives or boosters. While acknowledging the legality of fair-market NIL compensation, the administration articulates a policy position that third-party pay-for-play arrangements are improper and should be curtailed.
Though this declaration does not have the force of law on its own, it authorizes coordinated federal enforcement action to preserve the evolving college sports model. Institutions should therefore expect increased scrutiny of relationships between student-athletes, collectives, and affiliated third parties — particularly if those arrangements appear to confer recruiting or competitive advantages or disproportionately and adversely impact women.
Implications for Title IX Compliance and Oversight
The order explicitly directs the Secretary of Education to utilize all available tools — including Title IX enforcement — to ensure that institutional revenue-sharing or scholarship decisions preserve or expand athletic opportunities for women and non-revenue athletes. In this context, Title IX compliance will likely come under greater scrutiny, especially if institutional compensation structures skew heavily toward revenue sports such as football and men’s basketball.
Colleges and universities would be well-advised to revisit and update their Title IX audits. Under Biden-era guidance (subsequently rescinded by the Trump administration), the U.S. Department of Education’s Office for Civil Rights (OCR) asserted that NIL payments flowing through athletics departments are indeed subject to Title IX because they are part of an education program or activity.
Expanded Role for Federal Agencies in Collegiate Athletics
The order also calls on the Departments of Education, Justice, Labor, and Health and Human Services as well as the Federal Trade Commission to develop coordinated strategies, policies, and litigation positions to stabilize collegiate athletics. This multi-agency engagement suggests a shift away from the hands-off federal posture of recent years and signals the return of significant federal involvement in regulating college sports.
Notably, the order also empowers the Department of Labor and the National Labor Relations Board to weigh in on the employment classification of student-athletes.
Legal Protections Against Antitrust Challenges?
The order indicates that the DOJ and FTC will consider litigation or policy initiatives to protect institutions and conferences from legal challenges to longstanding collegiate athletics models, including those based on antitrust law. While this effort is likely to face judicial scrutiny, it signals a federal willingness to defend traditional amateurism principles in court.
Higher education institutions should monitor this space closely, particularly those currently trying to implement the House settlement terms and navigate other related settlements and injunctions that stem from NCAA- and conference-related litigation.
Congressional Action
While Charlie Baker, the head of the NCAA, praised Trump’s executive order, he has acknowledged that the order alone will not solve the issues facing college athletics.
That is why the NCAA and several universities have lobbied Congress to pass legislation that would cement their authority over the college athletics system. Two House committees on Wednesday, July 23 advanced a bill that would bar student-athletes from being considered employees and, similarly to the executive order, would shield intercollegiate sports officials from federal antitrust law.
Three of the committee chairs leading that effort praised Trump and said the legislation, known as the SCORE Act, "will complement the President’s executive order, and we look forward to working with all of our colleagues in Congress to build a stronger and more durable college sports environment."
The SCORE Act would bar institutions, conferences, or interstate intercollegiate athletics associations from restricting the ability of student athletes to enter into NIL agreements. Schools and athletic associations would, however, be allowed to restrict NIL agreements that provide prohibited compensation, violate the school’s code of conduct, or conflict with the terms of an existing contract or agreement with the school.
Next Steps for Institutions
- Conduct Equity Reviews: Reassess athletics department compliance with Title IX, with a particular focus on resource allocation, scholarships, and NIL opportunities.
- Evaluate NIL Infrastructure: Review and audit third-party agreements, NIL collectives, and athlete payment processes for compliance with evolving federal expectations.
- Prepare for Regulatory Oversight: Monitor rulemaking and agency guidance emerging from the Departments of Education, Justice, Labor, and Health and Human Services.
- Align Communications and Budgeting: Ensure institutional policies and public messaging reflect an equity-conscious and federally aligned approach to college sports.
This executive order may not immediately change the legal landscape, but it undoubtedly shifts the regulatory tone and provides some momentum for Congress to take action. As federal agencies act on the president’s directive, higher education leaders should prepare for a reinvigorated compliance environment and evolving risk profile across athletics programs.
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For more information on what you and your organization can do to achieve your public policy priorities and questions regarding Title IX and contract auditing with third parties, please contact Bruce Thompson, Ken Preede, Lexi Trumble, or Shayla Wright. You can also: