Ever since the NCAA permitted college athletes to get paid by companies that use their names, images and likenesses, athletes have tested the limits of their increasing power.
One of the latest examples is Matthew Sluka, the starting quarterback for UNLV’s first three games of the 2024 season. After helping lead UNLV to three wins and potential contention for a prestigious College Football Playoff bid, Sluka announced on Sept. 24, 2024, he would sit out the rest of the season. His decision is the result of a dispute over compensation for use of his name, image and likeness, commonly referred to as NIL.
While the decision sent shock waves through college athletics, it also shines light on the changing balance of power that favors athletes over their coaches and universities.
As a former lawyer and college athletics compliance administrator – and also as a current university faculty member who has authored several law review articles on legal issues related to NIL – I suggest that Sluka’s situation exemplifies how collegiate athletes can use recent NCAA rules changes to improve their financial situation in the NIL era of college athletics.
Sluka’s NIL agent claims a UNLV assistant coach failed to fulfill a promise he made Sluka during the recruiting process. That promise, according to Sluka’s agent, was that Sluka would receive US$100,000 of NIL compensation from an NIL collective should he attend UNLV. NIL collectives are generally formed to pool individuals’ and........