In the break between the end of spring sports seasons and fall preseason, colleges and universities should use the summer to assess athletics operations and compliance. Athletics departments often operate on demanding timelines, making it even more important to pause before the season begins and ask the right questions.

One essential area of review is responsibility and communication. Institutions should clearly identify behavioral expectations for student-athletes and athletics personnel, as well as reporting requirements applicable to athletics staff. Expectations and requirements related to hazing, misconduct, medical treatment, accommodations, roster management, NCAA and College Sports Commission (“CSC”) compliance, NIL payment, and parent communication should be clearly stated in institutional policies, and, in the event that obligations are not met, escalation pathways should be identified. If decision-making authority or expectations are unclear, routine athletics issues may become larger institutional problems. Summer is the best time to clarify roles before teams are fully active and schedules become harder to manage.

Another set of questions concerns participant welfare and risk management. Institutions should confirm that required forms, waivers, and acknowledgments are current and consistently used, that emergency procedures are understood by the appropriate personnel, and that return-to-play and medical clearance practices are clearly defined and documented. They should also assess whether existing policies address team travel, off-campus conduct, supervision expectations, and the role of student leaders. When those rules are scattered across handbooks, departmental materials, and informal team practices, confusion can surface at exactly the wrong moment.

Summer review should also include attention to fairness and consistency. Eligibility decisions, NIL payments, and discipline within athletics can carry legal significance, particularly when they appear arbitrary or unsupported. The fast-moving changes and developments in NIL, collegiate licensing deals, and student-athlete eligibility require close attention this summer – assessing what worked well last academic year following the House settlement and NCAA eligibility determinations and what can be improved. For example, consider the following:

• Ensure clarity on the institution’s goals, objectives, and priorities regarding “opting in” or “out” with internal NIL revenue share, and external NIL deals that are subject to the three-part test of the CSC.
• Take into account Title IX considerations when engaging in conversations around NIL and revenue share.
• Make sure that right people and departments are present and engaged in these conversations about NIL, revenue share, and how student-athlete related moneys are being spent and allocated at the institution. Groups to consider include the president’s office, administration/finance, OGC/compliance, foundations/advancement, athletics directors, general managers, and other decision-makers as applicable.

Athletics departments do not operate in a vacuum, and they should proactively coordinate and communicate with offices that may have overlapping authority or responsibilities, including Title IX and Title VI compliance, student conduct, and human resources. Police language and employee training should make clear that athletics staff has an obligation to work with these offices and to educate student-athletes on responsibilities and reporting requirements.

The start of a sports season tends to magnify what is unclear. Asking focused legal, funding, and operational questions before the athletics seasons ramp back up allows colleges and universities to identify weak points early, improve internal coordination, and enter the season with stronger systems for student support, risk management, and institutional decision-making. If you would like to discuss how Hunton’s Higher Education and Athletics-Focused Attorneys can assist your institution, please contact Gerry Leone, Brigid Harrington, Austin Maloney, Nate Jones, or Beau English.