There will be a college sports CEO. Who they are and how they’ll execute an impossible task is up in the air

Job Listing: Chief Executive Officer, College Sports. This candidate will be responsible for oversight of a multi-billion industry undergoing significant change. The applicant must have extensive athletic, business, legal and gender equity experience. A background in player representation and wealth fund management is preferred. It is important for this candidate to cut all financial ties with their alma mater. This includes the wearing of neutral colors at all times. On-camera experience is a must. Please send job samples to, well … we’ll get back to you on that.

From corner bar to high-rise boardroom, it has long been suggested that a “commissioner” or CEO overseer of college sports would solve the incredibly complicated day-to-day operation of top stakeholder schools.

“Maybe a Nick Saban or someone,” Matt Mitten, law professor and executive director of the National Sports Law Institute at Marquette, recently suggested.

Maybe.

Yahoo Sports reported last week the creation of an LLC among the four power conferences that will oversee implementation of the House settlement – basically the option for schools to establish an annual $20.5 million pot of cash to pay athletes.

It has already been established that a new CEO position – the qualifications of which are speculated above — is being created to oversee enforcement of the new revenue-sharing model. That CEO would report to a board and head an investigatory group to ensure schools don’t surpass that revenue-sharing cap.

It’s never been done before. But what choice do those commissioners have with the model already being reshaped like a can of Play-Doh? Or, as noted sports law attorney Tom Mars predicted, face “death by a thousand injunctions.”

Reshaping includes the assumption that the divergent interests, goals and budgets of major college sports accept a small group of power brokers to lead any new organization.

“It is effectively the new NCAA Manual,” said Jo Potuto, former chair of the NCAA Infractions Committee and retired constitutional law professor at Nebraska.

That manual is the association’s much-criticized 443-page rulebook. Now what? Or more accurately, now who?

We’re in this predicament of having to completely remodel college sports in part because the NCAA wasn’t representative. Example: The 40-member NCAA Council has primary legislative authority over Division I. Part of that authority means the faculty-athletics representative at Northern Arizona helps shape policy that impacts the likes of Ohio State, Texas and LSU.

The newly created CEO position – if House is approved – would get college sports as close to that Supreme Leader as there has ever been.

A transition team of athletic directors, compliance officers and general counsels are in the process of finalizing the process, Yahoo reported, before Judge Claudia Wilken is expected to approve House on April 7.

A source with intimate knowledge of the transition team told CBS Sports that the executive board underneath the CEO would probably be “weighted” toward the SEC and Big Ten.

However, sources say that who that CEO person (or persons) will be is less important than the penalties that can be applied. In a post-House world, that’s where major college sports is likely to clash next.

Sources told CBS Sports frustration over the current NCAA enforcement system will allow the conferences to refine and improve the investigatory process.

We’re basically witnessing a takeover by the Power Four conferences (ACC, Big Ten, SEC, Big 12) of major college sports. They’re the ones who are on record as wanting their own governance structure. They’re the ones who can (largely) afford revenue-sharing. They’re the ones who have (historically) broken the most rules. Now they’re going to reset them.

They’re the ones who will have to agree on the scope of the powers of that CEO and his/her investigators.

“It always sounds good when they agree to these things,” said prominent Kansas City-based sports lawyer Mit Winter. “When these penalties actually happen [to a school] nobody seems to want to go along.”

In that sense, the same regulations apply. But there are rules, and there is meaningful enforcement of rules when they are broken.

The Wild West takes hold as the new reality

The primary issue is the process itself. For 70-plus years, enforcement has been in conflict because it pits school against school. NCAA brother vs. NCAA brother, if you will.

“What can go wrong with a [new] committee that includes people that would be policing their competition?” Mars said sarcastically.

The new Power Four body could be made up of former NCAA investigators. There are scores of them around the country who have gone into business for themselves or work for high-priced sports law firms. The attorneys at Bond, Schoeneck and King in Overland Park, Kansas – many of them former NCAA investigators — are the gold standard.

“It’s such a nuanced specialty of a combination of quasi-legal and NCAA principles that is going to be mushed together further,” said Jason Montgomery, a former NCAA investigator and partner at Husch Blackwell, a national law firm. “People who have not had experience dealing with recruiting, athletics, basketball, football, can’t speak the language.”

Considering the new administration’s stance in Washington, there may even be a load of former FBI talent on the market to populate the new entity. That’s merely a realization of a suddenly available talent pool for this discussion.

Currently, those who commit wrongdoing are judged by the NCAA Infractions Committee, whose composition is largely persons from member schools. It’s the same reason the Pac-12 did away with its internal enforcement process years ago. It was more than uncomfortable in the league to be judged by Pac-12 peers.

Former Infractions Committee chair, the late Miami athletic director Paul Dee, judged USC under Pete Carroll while massive wrongdoing was going on in his own program.

Michigan is seemingly about to skate on two major infractions cases. In the first, Jim Harbaugh was handed a show-cause order after going to the NFL. He may never coach in college again. The second case involves the Connor Stalions scandal. Michigan is now pushing back, basically saying, “Yeah, we cheated, but it wasn’t as bad as you say.”

North Carolina famously got away with what critics contend is years of blatant academic fraud.

The call for reform led to the Independent Accountability Resolution Process (IARP), an investigative-enforcement arm made up of NCAA outsiders. The IARP crashed under the weight of its own inefficiency. That long-awaited “third party” enforcement process was a failure. The IARP was disbanded in January 2024.

It may all indicate the dying embers of the old infractions process. And the old hammer-like penalties. What was once a major violation is now a lucrative NIL for a starting quarterback. NFL agents are now walking into coaches’ offices attempting to strike deals as redefined (and allowed) NIL marketing agents.

The new CEO and his/her staff likely won’t even deal with academic fraud. Post-House is more about oversight of a tranche of money than progress toward a degree.

In the settlement, the power conferences are being asked to oversee fair market value, enforcement and arbitration for NIL deals. There are already questions regarding the neutrality of dispute resolution giant Deloitte determining the fair market value of deals in a process the schools themselves are creating.

As one observer pointed out, fair market value has been “skewed” because there is a small sample size of deals to consider. NIL has been around barely 3 1/2 years.

In that time, an unpredictable market developed. 

Utah gave every player a truck through a local dealership. Ohio State spent $20 million (total) on last year’s roster. A Texas collective at one time gave every offensive lineman $50,000 … just for being an offensive lineman.

Try to determine fair market value for any of that.

Reportedly, only major violations will be flagged. But what are major violations in this modern age? The NCAA has seemed powerless to stop what is described as rampant tampering by coaches in the NIL era. The only major violations that matter in recent years are a postseason ban. That type of penalty cuts to the heart of the enterprise – the ability to compete for a championship, recruit and earn revenue.

In the future, the most damaging penalties might be withholding some of that revenue-sharing money. As the emphasis moves from facilities and coaching salaries to the competitive ability to pay players, that could be huge.

Baylor had an estimated $7.5 million in conference revenue withheld in 2017 in the middle of the sexual assault scandal that led to coach Art Briles’ firing. At the time, the Big 12 was distributing only $30 million annually per school.

“That hurt them,” Montgomery said of Baylor. “I think the power of the purse is even more important when you’re giving that money to athletes directly. I think this has the potential if done correctly to change behavior.”

Sources told CBS Sports the new penalty structure must be a deterrent because rule-breaking isn’t going to stop just because of the settlement of a lawsuit. In that sense, the credibility of the new system is at stake.

There were two incidents last year that lent an inside look at that desire for more power. Last spring, SEC Commissioner Greg Sankey detailed his frustration with the slow-moving NCAA.

“So I was a jerk,” Sankey told reporters, recounting a 2023 meeting with what he perceived as an inattentive NCAA Council. “I tried not to be a jerk at the time … but sometimes you have to be a jerk.”

Last July, CBS Sports reported NCAA President Charlie Baker presented to the 32 Division I conferences a structure for a separate Power Four governing body.

Somebody has to manage all of this

By July 1 this year – when implementation of House is expected – we will likely see that de facto commissioner/CEO of college sports for the first time.

We’ve never been closer to having such a person in big-time college sports. In essence, that commissioner/CEO would become among the most powerful people in college sports, sitting on an estimated $14 billion to be distributed over the next 10 years.

The Power Four have engaged a search firm to evaluate CEO candidates.

“That’s just another example of the NCAA being kicked to the curb,” said Oliver Luck, a prominent consultant and former West Virginia athletic director.

The NCAA president serves at the will of the association’s board of governors and, by extension, the membership. Baker can have an agenda, but he has to go through channels to accomplish it. Example: Baker supports an antitrust exemption from Congress, but the fight to get one and retain some NCAA autonomy has been a struggle.

The issue in these litigious times is finding someone or some group of people who are truly objective.

After talking to sources, these five names would make sense to fill the CEO role:

• Oliver Luck: The longtime college, pro and Olympic operative is not interested in the CEO position per se. When reached last week, he was headed out to the slopes from his home in the mountains outside of Denver. However, Luck did say he was interested in helping with the arbitration process. He has loads of experience there as a former NFL player, NFL executive and former NCAA vice president. From 2010-2014, Luck was the Mountaineers’ athletic director.
• Nick Saban: Mitten has a point. Saban’s transition to ESPN has been a revelation. Essentially, Saban has gone from GOAT coach to college football influencer. But, like Luck, he enjoys his free time. Last summer, Saban joked about Miss Terry harassing him on the golf course via cellphone. During last season, Saban put forth common-sense solutions without making a spectacle of himself on GameDay. He has become the game’s voice of reason. If folks can get past his SEC background – a big if even for him – Saban would be perfect. The sense here is that he doesn’t need the money or the aggravation.
• David Shaw, Detroit passing game coordinator: Up until getting his latest job, Shaw would have been one of the favorites for this position. He is accomplished and respected. Shaw outdid Jim Harbaugh at Stanford after taking over for him. Since Shaw left in 2022, the Cardinal haven’t been the same. His words of wisdom regarding the game continue to resonate.
• Condoleezza Rice, former secretary of state: Rice grew up loving football in Birmingham. She never lost that love, becoming a world-renowned statesperson. Rice earned much respect from college football in general in her role on the first College Football Playoff selection committee. Her college ties are to the University of Denver, Notre Dame and Stanford. How’s that for neutrality?
• Rick Neuheisel, CBS Sports analyst: The former Colorado, Washington and UCLA coach has established himself as a passionate advocate for the game’s health. Whether it’s on satellite radio during the week or on CBS Sports platforms during the season, Neuheisel is one of the game’s leading media figures. He has repeatedly shown he knows the issues. More than that, he has the respect of those in the game.

Whoever gets the call, it is going to take a delicate threading of the needle in terms of credibility. Alma mater and possible conference affiliation will matter. Everybody is attached to a school or a league one way or another. That doesn’t mean it’s fair or right, but that will be a factor.

That’s why Sankey is nowhere near this list. Do you think the other Power Four commissioners want the SEC head man judging them?

So if Sankey is currently the most powerful man in college athletics, will he have to share some of that juice with the new CEO of college football?

Probably, if the system is going to work.

“Maybe they get an outside person …,” Mitten said. “What they might do is just agree among themselves to establish an independent person, someone who is not currently employed by the autonomy conferences. That’s what I think would make the most sense. Give them authority to police what would be a salary cap, overseeing the disputes that arise.”

The crux of the new CEO’s job

The new CEO will enter a legal quagmire. Some of the disputes would be unprecedented. The LLC, and by extension the CEO and his or her investigators, will have oversight over a clearinghouse that checks all athlete deals over $600. They will decide if compensation is of fair market value.

“This time around, though, they’re looking for somebody with a business background who can evaluate as opposed to a member of the NCAA enforcement staff,” Potuto said.

“This would be different because it wouldn’t be hiring another investigative team to do the work. It would be hiring experts to evaluate fair market value. The old plan you were still enforcing the old NCAA rules. [The new group] will be making those business judgments.”

Group of Five and FCS schools are already upset they’ve had to bear some of the settlement burden when they’ve had little to no impact on the issue at hand. There are still lawsuits in other states that could impact House.

Then there is the $20.5 million itself. (That total will grow by 4% per year and could be valued at $33 million annually at the end of the 10-year House settlement.)

“Is this effectively a form of judicially blessed price fixing?” Montgomery asked rhetorically.

That’s another lawsuit for another time. The arbitration process might be the biggest differentiator. A panel of different experts would decide disputes if an athlete’s compensation exceeds that fair market value. But what is FMV?

In 2021, 4 1/2 months after NIL debuted, former Kansas walk-on Jared Casey caught a two-point conversion to beat Texas. He got a car and an Applebee’s commercial out of the accomplishment. What is the fair market comparison of that?

“Nobody can tell you what fair market value is for college athletes,” sports law attorney Maddie Salamone told CBS Sports last year.

Deloitte is developing an FMV database. The process would be agreed upon between the athlete and the school before executing a compensation contract. Opendorse, also part of the House settlement, has developed FMV Assessments that it says offers “real-time market data” from 100 Division I athletic departments.

The court has final oversight over final arbitration decisions, possibly reducing – but not eliminating — the possibility of further litigation.

“You can predict as soon as the arbitration system is up and running, some school or athlete will bring a lawsuit alleging antitrust and we’ll be back in court again,” Potuto said.

Luck countered: “No matter who does it … that’s going to be better than being in state court. There is bad publicity. Arbitration is confidential.”

Three major entities have been mentioned as possible arbitration panels for the House settlement:

• FAIR Sports
• American Arbitration Association
• JAMS

“How do their decisions stick in this new world?” said Luck, a FAIR Sports consultant. “It’s my understanding that University X decides it’s going to sign contracts [with athletes]. In that contract that the university offers to the young man or woman, there would be an arbitration clause. They could either then say an arbitrator has to be agreed upon or we will work with these three or four arbitration firms.”

In that sense, the process would be as close to the professional model as there has been. For example, Major League Baseball players have salary arbitration.

Any player with between three and six years’ service becomes eligible for arbitration if they do not have a contract. If the club and player cannot agree on a figure, an arbitrator decides on either side’s number — but not in between. This is a collectively bargained portion of the CBA. There is no such CBA in the House settlement. Rather, arbitration has been agreed upon by the plaintiffs (suing athletes) and defendants (NCAA) in the settlement.

Various affected athletes to House have filed objections. Judge Wilken will take those up on April 7. Her final approval may not come for another two weeks.

The biggest missing piece in the process — and it’s a big one — remains the players not having a say in the arbitration system. Still, as modeled, the post-House process would be much faster than the NCAA’s.

“Everybody goes into the commissioner’s office on Monday morning. Everybody walks out Monday afternoon with a penalty,” said one veteran source describing the process. “If you don’t like it, you’ve got about three days [in arbitration] to convince them otherwise or it’s done.”

Baseball, though, doesn’t have a salary cap. For the first time, formally at least, college athletics does. The House settlement allows for 22% annually from schools’ athletic revenue to be put aside for athlete compensation. (That is roughly $20.5 million per school.)

“At the end, this is still a private agreement among parties, and they are reaching an agreement that is a salary cap,” Montgomery said.

For now, though, there is a massive position to be created, filled and explained to the rest of college sports.

“They’ll need someone who has run an investigative unit,” Montgomery concluded.

Somewhere out there, that commissioner/CEO is looming. The Power Four continues to accept resumes.