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Universities and NCAA Still Take Advantage of Student Athletes
College athletes may have gained the right to profit from their name, image, and likeness (NIL), but that does not mean they are protected from being misled, exploited, or coerced. In Milwaukee and across the country, universities are still navigating how to implement NIL policies, and some are doing it better — or worse — than others. As a student athlete, it is easy to feel like you have finally been given power. But without strong guidance and legal protections, that power can be taken just as easily as it was granted.
As of March 2025, universities must comply with both NCAA regulations and state laws governing NIL, and the NCAA cannot prohibit athletes from negotiating the terms of NIL payments before they agree to enroll in a school. Yet many student athletes still report feeling confused or cornered by the process.
Some are pushed into contracts they do not fully understand. Others are pressured to accept sponsorship deals that seem beneficial in the short term but strip them of future earning potential. And some are simply underpaid for the value they bring to a school’s athletic program. If any of this sounds familiar to you, our Milwaukee student athlete attorneys can help.
NCAA Makes Major Changes in 2021 to Student NIL Rights
In July 2021, the NCAA adopted an interim policy allowing college athletes to profit from their name, image, and likeness. This seismic shift came after mounting legal pressure, including the landmark Supreme Court decision in NCAA v. Alston, which held that the NCAA could not restrict certain education-related benefits for athletes. Since then, more than 30 states, including Wisconsin, have enacted their own laws outlining NIL rights, disclosure requirements, and institutional limitations.
But there is no single national standard. That means athletes at different schools, or even within the same state, can have vastly different experiences. Some universities offer robust NIL education and legal access. Others leave students to figure it out on their own.
Common Problems Student Athletes Face with NIL Deals
In theory, NIL empowers student athletes to accept endorsement deals, monetize social media accounts, or sign contracts with third-party agents. In practice, many athletes are entering agreements with little or no legal review, often under pressure to act quickly before opportunities disappear.
Common concerns include:
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Lack of transparency from schools or agents. Students may not know what they are signing, especially when contracts include exclusivity clauses or long-term licensing rights.
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Disparities between male and female athletes. In many cases, female athletes receive fewer opportunities or lower compensation, despite comparable visibility.
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Undue influence from university staff or coaches. Some athletes report being "encouraged" to sign with preferred brands or local businesses linked to booster programs.
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Conflicts between NIL agreements and team policies. Athletes may accept a deal that later violates team rules or NCAA compliance, putting their eligibility at risk.
This patchwork system puts enormous pressure on athletes, many of whom are teenagers navigating the financial and legal world for the first time.
What Rights Do Student Athletes Actually Have?
In Wisconsin, student athletes at public universities have the right to enter into NIL agreements as long as the deals do not conflict with institutional policies or academic requirements. Universities are not allowed to deny scholarships or limit athletic participation solely because of an NIL arrangement, and they may not control the athlete’s choice of sponsor.
Athletes also have the right to:
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Hire legal representation to review NIL contracts.
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Decline a deal without penalty, even if the school encourages it.
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Retain ownership of their personal brand and future earning potential.
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Receive financial education from their institution, though the depth and quality of that education varies widely.
NIL Exploitation Still Happens
The shift to NIL freedom has not stopped some schools or sponsors from crossing ethical lines. In one reported case, a student athlete was pressured to sign a contract giving a local apparel brand exclusive marketing rights for the duration of her college career. She later discovered that she could not take on more lucrative deals due to the exclusivity clause she had unknowingly agreed to. Another athlete signed a deal with a private booster group that promised future endorsement payments, only to learn that the promised money never came, and the contract lacked any enforcement mechanism.
Even high-profile athletes have been affected. In a now-settled dispute, a football player from a major university sued an NIL collective for breach of contract after being promised six-figure compensation that never materialized. These problems are magnified for athletes without legal knowledge or family support.
Some universities quietly steer athletes toward preferred vendors or agents, blurring the line between mentorship and manipulation. Others fail to intervene when third-party companies make questionable offers. The result is a system that may look fair on paper but still leaves many student athletes vulnerable to exploitation.
What Should Student Athletes Do if They Are Being Pressured Over NIL Agreements?
If you believe you are being pressured into an NIL deal, misled about the terms of an agreement, or treated unfairly by your university, you do not have to navigate the situation alone. A lawyer can help you understand your rights, evaluate your current contracts, and take action if someone has violated the terms or taken advantage of your trust.
Even if a deal feels minor, like a local business asking for a promotional Instagram post, it is still a contract. And once you enter into an agreement, you may be bound by restrictions that limit your options later. That is why it is important to get legal advice before you sign, not just after something goes wrong.
In some cases, students may also have grounds for a formal complaint against a university if the school knowingly allowed or encouraged exploitative practices. These complaints can lead to internal investigations, public accountability, or legal remedies.
How Our Lawyers Can Help University Students with NIL Agreements
An experienced student rights lawyer can review NIL agreements, help you get out of bad contracts, and intervene if a sponsor or school has overstepped its bounds. Legal support can also ensure that you preserve your eligibility, protect your reputation, and avoid long-term consequences tied to unfair or deceptive practices.
Legal help is not just for lawsuits. It is a tool that helps level the playing field. When schools and sponsors have access to attorneys, you should too.
Contact a Milwaukee, WI Student Athlete Attorney
If you are a student athlete in Milwaukee or you are attending a Wisconsin university and believe your NIL rights are being violated or mishandled, contact Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440 to speak with an experienced Wisconsin lawyer for student athletes. Our firm has the resources to take on universities, sponsors, and organizations that fail to treat athletes fairly. You have the right to protect your future, on and off the field. We also defend university students from criminal accusations and expulsion.
