Good morning! I hope this update finds you well. We have reached the first week where Big West student-athletes take to the field in regular-season competition in the 2026–27 academic year!
- August 12th – women’s soccer season starts!
- August 20th – men’s soccer season starts!
- August 28th – women’s volleyball & men’s water polo seasons start!
- September 4th – cross country season starts!
Some of you might already know these dates, but it is exciting to see the beginning of another season on the calendar.
Much of last week’s phone calls, e-mails, news and meetings focused on judicial rulings, legal updates, federal legislation and the Protect College Sports Act. This is an unprecedented time in college sports. I discussed it a bit more in “The Bold Type” published last Monday.
Song of the week? Let’s go with “Back to School Again” from the Grease 2 soundtrack. Bonus points to any athletic administrator, coach, student-athlete, or fan who wants to film a “Back to School” dance scene and send it to the Conference office!
Let’s get to The Bold Type!
CONGRATULATIONS!
- To new Assistant Commissioner for Basketball Operations and Finance Justin Jenkins and his wife, Mae, who welcomed their first child, Romee Jenkins, on August 1!
- Also, congratulations to former Assistant Commissioner for Basketball Operations and Finance Dom Drury, who departed The Big West this summer for a position with the Big XII, and his wife Jessie, on the birth of their baby boy – Austin Jamey Drury – on August 3!
CAL POLY AND UC SANTA BARBARA TIED ATOP WOMEN'S SOCCER PRESEASON POLL
Cal Poly and UC Santa Barbara have been selected as co-favorites to capture the 2026 Big West women's soccer title, as voted on by the league's 12 head coaches. Four programs received at least one first-place vote in the tightly contested preseason poll. Read more >>>
THE BIG WEST ANNOUNCES FALL LINEAR BROADCAST SLATE
The Big West will be featured on ESPNU twice this fall with two October contests coming to conference campuses.
In women's volleyball, one of the league's storied rivalries takes center stage on Oct. 22 at The Thunderdome. Defending league champion and NCAA regional participant Cal Poly travels to UC Santa Barbara as the Gauchos on the front half of a home-and-home week of Blue-Green Rivalry games. First serve for the Thursday contest on ESPNU is set for 7:30 p.m.
Additionally, new Big West member institution California Baptist will play host on the pitch as the Lancers take on Oregon State on Oct. 7 at 7 p.m. The ESPNU contest from CBU Soccer Stadium is part of a new-look collaboration of West Coast soccer with the Pac-12. Read more >>>
INSIDE THE BIG WEST AND PAC-12'S NEW MEN'S SOCCER PARTNERSHIP
Back in March, the Pac-12 and The Big West jointly announced a collaborative men’s soccer partnership designed to strengthen and sustain Division I men’s soccer opportunities across the western United States. As part of this strategic partnership, California Baptist, Cal Poly, UC Riverside, and UC San Diego will compete as affiliate members in Pac-12 men’s soccer beginning with the 2026–27 season. In addition, the Pac-12 and Big West will implement a scheduling collaboration featuring crossover matches between member institutions of both conferences.
As we prepare for the new season and look ahead to the seven-team Big West preseason poll releasing this Wednesday, learn a little more about what to watch for:
WAKE UP CALL WITH DAN TORTORA
Last week, we announced a new and innovative partnership with Dan Tortora to boost the stories of The Big West, educate fans about our amazing institutions and increase the story telling of our student-athletes, coaches and teams. Read more >>>
Friday, Aug. 7, Sacramento State Director of Athletics Mark Orr joined Tortora live on the airwaves for a fun interview at 7:30 a.m. PT. Watch the full segment on YouTube now here:
Upcoming guests include:
Tune in live from 6 to 8 a.m. PT at: MIXLR Internet Radio | YouTube | Facebook
JUDICIAL DECISIONS, LEGAL UPDATES AND FEDERAL LEGISLATION - OH MY!
If it feels as though the legal and legislative landscape surrounding college athletics changes every few hours, that is because it increasingly does.
Since the last edition of “The Bold Type,” courts across the country have issued decisions involving student-athlete eligibility, the NCAA has continued its appellate efforts and the United States Senate has considered—but not yet voted upon—the Protect College Sports Act.
The volume, timing and complexity of these developments have created significant uncertainty for conferences, institutions, coaches and student-athletes as the 2026–27 academic year begins.
At the center of the current eligibility litigation is Wisne v. NCAA, in which a federal court in Colorado issued a nationwide preliminary injunction affecting certain Division I student-athletes who began collegiate competition during the 2022–23 academic year and exhausted four seasons of eligibility by the conclusion of 2025–26.
According to publicly distributed NCAA legal updates, the court subsequently clarified several important limitations:
- The House settlement’s roster limits and student-athlete benefits cap remain fully in effect.
- The injunction does not invalidate the NCAA’s transfer rules.
- NCAA rules concerning professional participation, agents, academics and other eligibility requirements not presented to the court remain in effect.
- The injunction does not require an institution to recruit, admit, enroll, provide financial aid to or place an affected student-athlete on a roster.
The NCAA has appealed the decision to the United States Court of Appeals for the Tenth Circuit and is seeking to stay the injunction while the appeal proceeds. Those filings and the underlying litigation remain pending.
Other courts, including courts in Georgia, Ohio, Tennessee and New Jersey, have issued narrower forms of preliminary relief involving individual student-athletes. Some of those orders address eligibility alone, while others also involve access to the transfer portal or the application of transfer rules. Their scope depends upon the particular plaintiffs, claims and language of each order.
Preliminary injunctions do not represent final decisions on the merits. Nevertheless, conferences and institutions must make immediate operational decisions while cases proceed through trial and appellate courts over a much longer timeline.
The result is an increasingly difficult environment in which similarly situated student-athletes could be treated differently depending upon the jurisdiction in which a lawsuit is filed, the precise relief requested and whether an individual has secured a court order.
This is not a sustainable way to govern a national system of college athletics.
That expanding litigation provides important context for the Protect College Sports Act, an ambitious bipartisan attempt to establish a more consistent federal framework for college athletics. (LINK)
The Senate Commerce Committee released a substantially revised 171-page version of the legislation last week. Among its major provisions, the bill would:
- Establish national standards governing NIL, revenue sharing, transfers, eligibility, recruiting and enforcement.
- Provide targeted antitrust protection for certain nationally adopted rules.
- Codify student-athlete rights involving NIL compensation, scholarships, healthcare and agent representation.
- Address third-party NIL arrangements and create an expanded student-athlete retention pool within the compensation framework established through the House settlement.
- Protect participation opportunities in women’s, Olympic and other non-revenue sports.
- Establish a federal grant program supporting broadband and infrastructure improvements at historically Black colleges and universities.
- Provide representation for “mid-sized conferences”—defined as conferences generating less than $500 million annually—within the proposed Congressional Commission on the Future of College Athletics and NCAA governance and rulemaking bodies.
That final provision is particularly important. Any national framework governing Division I must reflect the realities of the entire subdivision—not only those institutions with the greatest financial resources.
The revised legislation would permit institutions to provide as much as $48.8 million annually through the House settlement revenue-sharing cap and an additional retention pool. Proponents believe bringing more institutionally connected compensation within a defined structure could help distinguish legitimate third-party NIL activity from payments designed primarily to circumvent the revenue-sharing cap.
Whether that structure would contain spending remains an open question. The ability to spend more is not the same as the ability to afford more. For most Division I institutions, the central challenge is not determining how high compensation can rise, but how to provide meaningful student-athlete benefits while sustaining broad-based athletics opportunities.
No legislation of this magnitude will satisfy every constituency. The Congressional Black Caucus and AFL-CIO announced opposition as the bill approached possible Senate consideration. Several senators also raised additional concerns and proposed amendments involving subjects beyond the legislation’s original college athletics framework.
Those disagreements, combined with competing Senate priorities, ultimately prevented the Protect College Sports Act from reaching a vote before the chamber began its five-week summer recess.
After an all-night session that concluded early Saturday morning, Senate Majority Leader John Thune said the legislation had been positioned for consideration when the Senate returns in September. That keeps the bill alive, but its placement on the Senate calendar does not guarantee a vote or passage.
The intervening weeks could provide additional time to address concerns and strengthen the coalition supporting the legislation. They also create the risk that momentum will diminish as Congress confronts other priorities. If the bill ultimately passes the Senate, it will still face a challenging path through a closely divided House of Representatives.
The delay is disappointing for those seeking immediate national clarity, but it also illustrates how difficult it is to build consensus across a Division I membership that includes institutions with dramatically different missions, resources and athletics models—as well as student-athletes and outside constituencies with legitimate interests in the outcome.
The revised bill is not perfect, and important questions remain regarding its financial implications, the treatment of different sports and student-athletes, the operation of its compensation provisions and the scope of its legal protections.
Yet the events of the past week also demonstrate the consequences of continued inaction.
Court decisions issued in multiple jurisdictions continue to shape eligibility policy. State laws governing NIL and employment differ across the country. Institutions are attempting to plan for future seasons without knowing which rules will survive the next legal challenge.
September will provide Congress with another opportunity to act. It should not be viewed as a guaranteed resolution.
Whatever form the eventual solution takes, college athletics needs greater national consistency, meaningful student-athlete protections and a governance structure that recognizes the breadth of Division I. It also must preserve the educational and competitive opportunities that hundreds of thousands of student-athletes receive across women’s, men’s, Olympic and broad-based athletics programs.
Those objectives should remain at the center of the conversation—whether the next significant decision comes from Congress, an appellate court or college athletics itself.
MEDIA REPORTS ON THE BIG WEST, NCAA, LEGAL AND LEGISLATIVE MATTERS
- U.S. Senator Eric Schmitt (R-MO) to CBS Sports’ on the timing of a potential Protect College Sports Act vote: “It is when we decide to leave for the August [recess], and so there's a few things that could keep us into next week or potentially longer. It's just really hard to say. … Friday is not a hard and fast deadline at all.” (link)
- “Time kills all deals.” Writing for On3, Ross Dellenger applies that popular sales logic to Congress’ current efforts on the Protect College Sports Act, noting the legislation isn’t dead, but it “remains in a murky place as senators sift through a traffic jam of items in their last full week before a five-week recess.” There’s a flurry of action expected over the next two days that will either lead to Senate passage or with the bill being required to wait more than a month before potentially coming up again in September. Dellenger says Thursday is a significant day in the bartering process, similar to Wednesday when several Republican senators withdrew their support or at least expressed doubt in the legislation. “There was a scramble to ease concerns but, as of Thursday morning, not all of them were eased. Some believe the vote count isn’t as high as many of the bill’s supporters are contending, and even if a time agreement happens, there aren’t enough ‘yes’ votes to send the bill to the House of Representatives with authority (the goal there is at least 70). One thing seems to remain clear: the budget bill – it’s officially called Continuing Resolutions or the CR – needs to be approved before anything else. It’s first in the pecking order and many believe it may be up for a vote Friday.” (link)
- Senate Republican leaders ran a hotline for the PCSA legislation this morning, per Punchbowl News’ Andrew Desiderio, asking for notifications if Senators wanted to submit an objection to entering into a limited time agreement in relation to the bill. Colorado State FAR Kyle Saunders simplifies: “Translation for the sports world: the cloakroom notified all 100 offices that leadership wants to pass it by unanimous consent, and asked anyone who objects to speak up. … If one senator objects, they're back on the cloture track, which runs past Friday's scheduled recess and into a five-week break.” (link, link)
- The Congressional Black Caucus issued a Thursday statement against advancing the Protect College Sports Act. From the missive, in part: “The legislation before the Senate has evolved. However, the fundamental concerns of Black collegiate athletes, coaches, agents, HBCUs, and the communities we represent have not. … No legislation that disproportionately affects Black athletes should move through Congress without meaningful participation from the communities it will most directly affect.” More. (link)
- U.S. Senators Josh Hawley (R-MO), Jim Banks (R-IN) and Tommy Tuberville (R-AL) have filed an amendment to the PCSA that would “ensure the bill does not overturn any state laws banning men from women’s sports.” (link)
- Yahoo Sports’ Ross Dellenger reports Senate Majority Leader John Thune (R-SD) has filed cloture on the motion to proceed on the Protect College Sports Act, marking the first of several steps in beginning the full-vote process. “Hurdles remain, but Thune’s filing means the cloture vote on PCSA - a procedural step - can happen as early as Friday and a full vote over the weekend. However, that’s assuming lawmakers obtain agreements to waive time constraints and clear other bills off the docket.” (link, link); Here’s more you need to know…
- Thune wants to “maximize” the amount of time vulnerable incumbents can spend at home in August, according to Punchbowl News Senior Congressional reporter Andrew Desiderio. Thune: “The best thing we have going for us in a lot of these races is the quality of our candidates. But voters out there need to see them, which means they’ve gotta be back in their states.” Asked further about the status of all the things Republicans are trying to get a time agreement on and wrap by recess, Thune added: “It’s kind of a train wreck isn’t it.” (link, link)
- Sacred Cow BBQ publisher/Colorado State FAR Kyle Saunders analyzed the 171-page text of the Protect College Sports Act, evaluating specific financial thresholds, sunset provisions and legislative procedures potentially set to shape the future of college athletics. The bill establishes a nine-year expiration on retention funds and non-revenue roster floors for athletic departments generating over $80M in revenue (four years for mid-sized programs between $50M and $80M); recalculates the revenue-sharing cap every third year at 22% of Average Shared Revenue; and authorizes $180M annually for HBCUs through FY32 ($1.08B total). Saunders noted how the bill's procedural mechanics alter long-term leverage for student-athletes ahead of the 2030s: "Section 114 defines it by reference to the House settlement, and if that settlement expires or terminates, the cap provisions cease to have effect unless Congress enacts a joint resolution of approval. ... Rule XXII is the cloture rule. Sixty votes. Which produces the arithmetic that will govern college athlete compensation in the 2030s. Forty-one senators can strip the cap of federal protection without ever casting a vote against it. They only have to decline to supply the sixtieth vote for cloture, one time, inside a thirty-day window whose start date they don’t control." (link)
- Sen. Ted Cruz (R - TX) still expects the bill to get to a vote & pass in comments to CBS’ Brandon Marcello. Cruz: “It is my hope that President Trump will sign this bill into law on 'College GameDay' this fall when the House comes back and passes it with a big bipartisan vote, following the big bipartisan vote we're going to get in the Senate, I believe, this week.” Notably, the bill did not get a cloture filing last night. (link)
- Meanwhile, the latest from NCAA President Charlie Baker: “I write to express our strong support for the Protect College Sports Act and to urge the Senate to pass this vital legislation without delay. … Across higher education and college athletics, there is a clear consensus that federal intervention is urgently required to stabilize the future of college sports. Our student-athletes deserve stability, protection and a level playing field as they step onto fields this fall.” (link)
- On3’s Pete Nakos reports that plaintiffs in the Godfrey v. NCAA age-based eligibility case in the Superior Court of Cobb County (GA) have been granted an injunction against the association, per attorneys Ryan Downton and Darren Heitner. The latter opines this decision is the most important 5-in-5 order to date, adding: “The court deliberately seemed to be making an effort to create a coherent national body of interim relief on this eligibility issue. There is no split among courts across the country. Judges from New Jersey to Colorado, and many in between, have all ruled for players in these matters. Any resulting chaos is due to the NCAA refusing to read the writing on the wall. No more cases need to be filed if the NCAA were to merely provide the Class of 2022 one more year of eligibility and allow them to enter the transfer portal. But it won't. And lawsuits will continue to be filed.” More, including the full order. (link, link, link)
- Boise State Professor Sam Ehrlich keeps the hamster wheel turning as U.S. District Court Judge Claudia Wilken re-entered the chat: “Judge Wilken has issued an opinion and order denying the House settlement class counsel's motion to overturn the special master ruling regarding MMRs as associated entities, finding that Judge Cousins did not err in his analysis. In the same order, however, Judge Wilken also found that class counsel has a right to request documents from the CSC regarding their investigation of MMR-led NIL deals.” (link)
- Plaintiffs in the Wisne case in the District of Colorado where Class of 2022 athletes were granted an extra year of eligibility have filed an emergency motion to enforce the preliminary injunction, per Heitner Legal Founder Darren Heitner. “They seek an immediate order directing the NCAA to (1) stop blocking class members from negotiating or accepting roster spots at any Division I school that wants them; (2) issue clarifying notice to schools that class members are eligible at any available school; and (3) report the actual process for an athlete to sign for a fifth year, whether returning to their prior school or transferring.” This comes after the NCAA filed a formal notice to the Tenth Circuit on Monday appealing the order granting Plaintiffs' motion for preliminary injunction and the clarifying order granting Class of 2022 athletes an extra eligibility year. Full proposed order text. (link)
- The Superior Court of New Jersey Chancery Division: Essex County has entered its injunction order in Temple Football student-athlete Sekou Kromah’s lawsuit against the NCAA regarding the age-based eligibility rule per Kennyhertz Perry Attorney Mit Winter, who adds: “It bars the NCAA from enforcing its ghost transfer rules. It also says the plaintiff can petition to enjoin roster limits if needed. These are both significant. Plaintiffs’ counsel are getting smarter at drafting proposed orders in response to what they see happening with other orders in these cases.” (link)
QUOTE OF THE DAY
"When everything is moving and shifting, the only way to counteract chaos is stillness.” – Credited to Kristin Armstrong
LET’S CLOSE IT OUT!
As this edition demonstrates, nearly everything surrounding college athletics appears to be moving and shifting—court decisions, federal legislation, governance structures and financial models. Yet, as we prepare for the first Big West competition of 2026–27 next week, the most important part of our work remains constant.
Our student-athletes are returning to campus, teams are preparing to compete and another year of opportunities, accomplishments and memorable moments is about to begin. Amid the uncertainty surrounding college athletics, our responsibility is to provide stability, clarity and an outstanding experience for the student-athletes we serve.
The quote concluding this week’s update reminds us that stillness can counteract chaos. Stillness does not mean standing still. It means remaining grounded in our purpose while continuing to move forward thoughtfully and intentionally.
Thank you for everything you are doing to prepare for another academic year. Enjoy the final weekend without Big West competition—because beginning Wednesday, the games return!
Have a great week!
Dan