Executive Order Analysis: “Saving College Sports”

On July 24, 2025, President Donald J. Trump issued an Executive Order, titled “Saving College Sports,” establishing the policy of his Administration to preserve and expand college sports. 

Below, Higher Education Attorney and Employment Law Chair, Avery E. Smith, outlines the latest Executive Order and offers guidance to colleges and universities regarding the future of collegiate sports.

Purpose and Policy

The first section of the Executive Order addresses the unique ability of college sports to provide “life-changing educational and leadership-development opportunities” to over half a million student-athletes each year. 

The President also highlights the success of student-athletes beyond their athletic accomplishments, stating that “America’s system of collegiate athletics plays an integral role in forging the leaders that drive our Nation’s success.” However, the Executive Order also suggests that there is an “unprecedented threat” against college athletics, contending that recent litigation against college athletics has “unleash[ed] sea change that threatens the viability of college sports.” 

In recent years, there has been litigation involving student-athlete compensation, pay-for-play recruiting inducements, and the transfer of student-athletes between universities. Notably, in 2021, the Supreme Court of the United States issued an antitrust ruling that struck down the National College Athletic Association (NCAA)’s restriction on athletes’ ability to receive compensation for their name, image, and likeness (NIL) from third parties. The President also notes that litigation has created a chaotic system wherein donors engage in “bidding wars” for top players.

In an effort to create a national solution to protect college sports, the Executive Order establishes the policy of the Administration to preserve and expand, where possible, all college sports.

Protecting and Expanding Women’s and Non-Revenue Sports and Prohibiting Third-Party Pay-for-Play Payments

The second section of the Executive Order establishes the policy of the Administration to promote the opportunity for scholarships and competition in women’s and non-revenue sports by establishing the following scholarship requirements for the 2025-2026 and all future athletic seasons: 

1. “collegiate athletic departments with greater than $125,000,000 in revenue during the 2024-2025 athletic season should provide more scholarship opportunities in non-revenue sports than during the 2024-2025 athletic season and should provide the maximum number of roster spots for non-revenue sports permitted under the applicable collegiate athletic rules;”

2. “college athletic departments with greater than $50,000,000 in revenue during the 2024-2025 athletic season should provide at least as many scholarship opportunities in non-revenue sports as provided during the 2024-2025 athletic season and should provide the maximum number of roster spots for non-revenue sports permitted under the applicable collegiate athletic rules;” and

3. “college athletic departments with $50,000,000 or less in revenue during the 2024-2025 athletic season or that do not have any revenue-generating sports should not disproportionately reduce scholarship opportunities or roster spots for sports based on the revenue that the sport generates.”

Additionally, the Executive Order prohibits universities from permitting third-party pay-for-play payments to college athletes, though it should be noted that the Executive Order does not define the term “universities.” Pay-for-play payments refer to direct payments made to athletes that are not from scholarships or NIL deals.

By August 23, 2025, the Secretary of Education, in consultation with other senior advisors, will be required to develop a plan to advance these policies through all available legal frameworks, including federal funding decisions and Title IX.

Student-Athlete Status

The Executive Order tasks the Secretary of Labor and National Labor Relations Board (NLRB) to determine and implement measures regarding the status of collegiate athletes. This may be accomplished through guidance, rules, or other actions.

Notably, the former-NLRB General Counsel issued guidance on this topic, arguing that student-athletes could be considered employees and have rights to organize and bargain under the National Labor Relations Act (NLRA). However, earlier this year, the acting NLRB General Counsel rescinded this guidance. 

It is uncertain whether the NLRB will maintain its classification of student-athletes as students—not employees.

Legal Protections

To protect the rights and interests of student-athletes, particularly when faced with challenges under antitrust or other legal theories, the Executive Order tasks the Attorney General and Chairman of the Federal Trade Commission (FTC) to:

1. “review, and as necessary revise, litigation positions, guidelines, policies, or other actions;” and

2. “develop a plan to implement appropriate future litigation positions, guidelines, policies, or other actions.”

Key Takeaways for Colleges and Universities

In the upcoming months, legal challenges and changes in regulatory and other legal frameworks can be expected. 

For now, higher education administrators involved in their institution’s athletic programs are encouraged to review their obligations under the Executive Order and existing laws to ensure compliance. 

Collegiate Comment is a publication of KingSpry’s Education Law Practice Group. It is meant to be informational and does not constitute legal advice. If your college or university has any questions, please consult with your legal counsel or one of the higher education attorneys at KingSpry.