Olivia Dan, one of the most followers of the university on social media, testified at the final hearing on Monday about the NCAA's $2.8 billion housing settlement.
Dan was one of four college athletes who testified against the settlement. LSU gymnasts challenged the formula used to set the value of an athlete's name, image, and portrait (nil). She argued that her estimate of Nir was too low.
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LSU Tigers' Olivia Dan is looking ahead to a tournament with the Florida Gators at Stephen C. O'Connell Center in Gainesville, Florida on February 23, 2024. (James Gilbert/Getty Images)
She described herself as “a Division I athlete, businessman and I have been the most earning female athlete since the NIL rules changed.” She said the settlement failed to acknowledge her true worth.
“This settlement uses old logic to calculate modern values,” Dan said. “We're taking a narrow snapshot of a still mature market and ignoring it, ignoring the trajectory we were doing and the deals we lost and the future we had.”
The plaintiff's lawyer later said the gymnast would receive an updated quota.
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NCAA Chairman Charlie Baker will speak at the organization's Division I business session at the annual conference held in Nashville, Tennessee on Wednesday, January 15th, 2025. (AP Photo/George Walker IV, File)
A House settlement, named after Arizona's swimmer Grant House, allows the school to pay 22% of its revenues directly from media rights, ticket sales and sponsorships to university athletes to use the NIL. Payments from external sources will continue to be permitted.
Nola.com noted that the settlement would provide more than $2.5 billion to athletes who were unable to make NIL money before the NCAA changed rules in 2021. The report said most damages will be paid to former soccer and men's basketball players from the power conference school of soccer and men's basketball players, as the sport is making the most profitable.
The settlement also sought a clearing house to ensure it was not worth more than $600 and confirmed that it was fixed at fair market value to block expected wage transactions.
On Monday, US District Judge Claudia Wilken gave no indication that the complaints had changed her mind about the settlement. She acknowledged her concerns and asked each lawyer for new feedback on several topics. Her decision is expected to come in a few weeks.
“Basically, I think it's a good settlement, don't quote me, and I think it's worth pursuing,” Wilken said. “I think if people try to fix them, then some of these things can be fixed.
Wilken has already granted preliminary approval for the settlement, including the NCAA and its biggest meeting. It is set to take effect on July 1st.
The NCAA logo is located on February 28, 2023 at the entrance sign outside the NCAA headquarters in Indianapolis. (Mitchel Layton/Getty Images)
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“Today's groundbreaking settlement hearing was a key step in modernizing university sports,” the NCAA said in a statement. “If approved, the settlement allows student-athletes the opportunity to receive nearly 50% of the athletic department's revenues in a sustainable, fair system for the next few years.”
The Associated Press contributed to this report.
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