Will NCAA Proposal to Grandfathering Athletes Help Approve House Settlement?

The NCAA and the commissioners of the power conferences are gambling that their new brief will hit the target in the House vs. NCAA settlement case.

The brief, filed in the court of U.S. District Judge Claudia J. Wilken earlier this week, is geared to address her concerns about the potential damage done to athletes that will be cut due to the roster limits imposed by the case.

Wilken has told attorneys on both sides that the approval of the case may rest on whether the NCAA and the power conferences address this concern to her satisfaction.

What is NCAA Proposing for Grandfathering Student-Athletes?

The brief outlines what NCAA and power conference attorneys have settled on as a framework to address Wilken’s concerns.

Per On3 Sports and other outlets, the proposal would allow schools that opt-into revenue sharing to phase in roster limits. It would also allow athletes who had their positions cut to be eligible to be reinstated, but it would be at the school’s discretion. If the athlete can’t return to their school, they can retain the grandfather status at a new school.

The NCAA worked with the plaintiff’s attorney, Jeffrey Kessler, to create the new language. Kessler said that the athletes in question would carry those exemptions their entire career. This would include athletes who have already been cut and prep athletes who were set to receive roster spots in 2025-26 but had them withdrawn due to the new roster limits.

They also would not count against the roster limits set to be imposed in the House settlement.

If approved, this would be a significant concession to athletes that, in some cases, have already been shown the door. Every school that is opting in is dealing with the issue. Clemson is a good example. Athletic director Graham Neff said the athletic department had 275 scholarships for all NCAA sports in 2024-25. The new settlement will allow the Tigers to fund 425 scholarships.

But the Tigers had 590 total athletes in 2024-25. In some cases, they’ve already told those athletes their spot is gone.

This compromise would give those athletes some recourse. But schools are not required to take them back. One, Notre Dame, has already vowed that they will take all released athletes back if they want to come back.

The lack of a requirement may give Wilken pause. The fact that Kessler was involved in negotiating the compromise may be enough for her to give the settlement final approval.

But it’s certainly better than the NCAA’s first proposal, which was to do nothing for the athletes that lost scholarships as a result of the settlement.