NIL trends and female collegiate athletes

When the United States Supreme Court unanimously sided with former college players in American Athletic Conference et al. v. Alston et al., in 2021, the National Collegiate Athletic Association (NCAA) knew it had to dismiss its decades-long precedent of earning off the backs of our college players.

A whole different tune is being sung by new NCAA leadership, and without unnecessary and unfair restrictions, players can now fully exercise their overdue freedom to monetize their name, image and likeness (NIL).

Women’s sports have benefitted from this new policy, as its popularity has coincided with the most transformative two-and-a-half years in college athletics. High school and college players still need our legal guidance in many aspects of this developing area, in order to secure the best possible agreements and to avoid violating the interim guidelines. A look at some of the milestones achieved by women’s collegiate sports – and the occasional setback – can provide a playbook for how to approach NIL rules.

A record-breaking time for women’s collegiate sports

Women’s collegiate sports are more popular than ever. A recent volleyball match’s attendance even broke a world record for international women’s sports, when 92,003 fans filled Nebraska’s Memorial Stadium in August 2023 to see the five-time NCAA champion Corn Huskers shut out Omaha 3-0. The prior record-holder for attendance was a UEFA Women’s Champions League soccer match in April 2022, witnessed by 91,648 fans.

More positive momentum is occurring off the field for women athletes, as well. In 2022, NIL technology company and marketplace Opendorse reported that although football generated half of all NIL compensation, more women’s sports made the overall top 10. At number three, women’s basketball was the highest ranked of its kind.

The prestige is reflected on an individual level as well. A study conducted in 2020 by AthleticDirectorU.com and the marketing firm Navigate Research found that 13 of the 25 college athletes with the greatest endorsement potential were women. Further, they earned annual endorsements as high as $466,000. More importantly, female athletes are earning equity, developing their own media and commanding more creative control in their NIL deals.

The terms of these deals and others are not always disclosed, but the message is clear that liberalized NIL laws are truly beginning to level the playing field among collegiate men and women.

The online resource On3.com, which tracks NIL developments, ranked LSU gymnast Olivia “Livvy” Dunne as the highest-compensated female in college athletics, with a NIL valuation of $3.2 million and a combined social media following of 12.1 million. The pinnacle of Dunne’s NIL endorsements, thus far, has been her Vuori performance joggers’ TV spots.

Dunne’s LSU peers in basketball followed in top rankings – Angel Reese ranked second with a $1.7 million valuation and 5.2 million social media followers, while Flau’jae Johnson was valued at $1.1 million and 3.1 million followers.

An All-American gymnast, Dunne is ranked as the third-highest NIL-valued college athlete in the U.S., behind USC basketball phenom Bronny James and Colorado University football star Shedeur Sanders. What’s noteworthy, however, is that Dunne’s social media following is five times that of Sanders, and 43 times as many as the next-highest valued player.

Most athletes are now developing their own brand on social media, a useful tool they can leverage when not competing. Teenage athletes and those in their 20s are incredibly tech-savvy, which has translated into big numbers off the field and attracts an audience who may otherwise have never heard of them or seen them play. The new NIL laws finally allow a long overdue chance to monetize the engagement of their social media followers.

For example, University of Miami basketball players and twin sisters Hanna and Haley Cavinder have 2.7 million followers on TikTok. According to the online athlete marketing platform Opendorse, the pair could earn more than $167,000 annually just from social media posts. Studies have found that though men’s college athletes dominate mainstream media coverage, social media influencing offers an open court. Opendorse CEO Blake Lawrence, who was a linebacker for the Cornhuskers, referred to the influence marketing as “the ultimate equalizer” when it comes to licensing and compensation.

Beware NIL-related pitfalls

New NCAA President Charlie Baker has publicly stated his support of college athletes being able to profit off NIL since assuming his duties in March 2023. Despite the NCAA changing its views on NIL, there are still rules to follow and pitfalls to avoid.

Just prior to Baker taking office, two of the most popular women in college sports were made an example of for having violated NCAA’s interim NIL policy with regard to recruitment. On Feb. 24, 2023 the NCAA made a critical NIL ruling against twin sisters Haley and Hanna Cavinder. Forbes reported that the Cavinders have more than 4 million followers on their joint TikTok account and are estimated to have earned close to $2 million thanks to NIL endorsements.

The twin basketball players transferred from Fresno State to the University of Miami in April 2022. At the time, Hanna Cavinder had told Front Office Sports that the reason for the transfer was to “have the best opportunity to get to the March Madness tournament,” and not the promise of more lucrative NIL endorsements.

More details have emerged on what allegedly led up to the transfer. Following an investigation, the NCAA announced penalties against Miami Hurricanes women’s basketball regarding alleged “impermissible contact” between booster John Ruiz and the Cavinder twins during their recruitment. Evidence of the meeting apparently emerged when Ruiz posted a picture to social media, which showed him meeting the twins for dinner. Part of the fallout included Hurricanes coach Katie Meyer missing the first three games of the season.

A statement from the NCAA detailed the other penalties:

• One year of probation.

• A $5,000 fine plus 1% of the women’s basketball budget.

• A 7% reduction in the number of official visits in women’s basketball during the 2022-23 academic year.

• A reduction of nine recruiting-person days in women’s basketball during the 2022-23 academic year.

• A three-week prohibition against recruiting communications by women’s basketball staff, beginning with the open date of the Transfer Portal (from March 13 through April 2, 2023).

• A 10% suspension (three games total) for Meyer, which was served during the first three contests for the 2022-23 season.

The NCAA demonstrated that since it cannot police off-the-field conduct in the same way as years past, it will instead tie NIL-related penalties back to actual playing time for players and game suspensions for coaches. They made an example of the Cavinders’ conduct, much to the chagrin of several sports analysts.

Though it is now in the rearview, it should signal to players and their handlers what to avoid. Frequent NIL violations can harm the reputation of the player, the coaching staff and the school.

A bright future for women’s sports and NIL

This new stage of licensing in college sports can provide opportunities for women athletes unlike any other time in sports history.

Unfortunately, our women athletes have been the ones to suffer the few major consequences for NIL policy violations. With so much at stake, including their financial futures, high school and college athletes should seek our collective legal guidance in order to successfully navigate this critical intersection of education, sports and media law.