By Maggie Malaney
Over the winter, the Santa Clara University School of Law and Professor Leonard Lun hosted the 2nd Annual Sports Law Conference. Building on the success of last year’s event—featuring keynote speaker Bill Duffy—this year’s conference brought together a powerhouse lineup of some of the sports industry’s leading attorneys and business professionals.
The day kicked off with a panel discussion on one of the most dynamic topics in college athletics: NCAA conference realignment. The distinguished panel featured Scott Petersmeyer, Chief Legal Officer of the Pac-12 Conference; Heather Owen, Santa Clara’s Director of Athletics; Marina Carpenter, Head of Ownership & C-Suite Strategy at Navigate; and Julie Connor, Deputy Campus Counsel at UC Berkeley’s Office of Legal Affairs. The discussion was expertly moderated by Joth Bhullar, former counsel for the Pac-12 Conference and current Director of Legal & Business Affairs.
When it comes to NCAA conference formation media rights deals are everything, according to the panelists. While factors such as viewership, growth potential, university branding, and location play a role, the ultimate driver remains the classic Jerry Maguire adage: “Show me the money.” Media dollars—especially those tied to football—give conferences the upper hand over individual universities. As Pac-12 CLO Scott Petersmeyer pointed out, when conferences pool their media rights, the aggregate value is significantly higher than if schools negotiate individually. (Of course, Notre Dame remains an outlier, but it is the exception rather than the rule.)
But what about schools without football programs? How can they compete in an ecosystem where media rights are dictated by the sport? The short answer is: they don’t—at least not on the same scale. Instead, they must be strategic, innovative, and carve out their own niche. Santa Clara, positioned in the heart of Silicon Valley, is uniquely suited to do just that. As Santa Clara’s AD, Heather Owen, proudly stated, “We want to have competitive success.” While Santa Clara may not be vying for a spot in a Power Five conference, it remains committed to staying relevant in the evolving collegiate athletics landscape.
Marina Carpenter reinforced this mindset, noting that “Schools that don’t have football will see growth faster than schools that do.” This presents a compelling opportunity for non-football schools to band together, advocate for their strengths, and leverage alternative revenue streams.
One of the biggest growth areas? Women’s and Olympic sports. Schools like Santa Clara, along with others in similar positions, have a prime opportunity to invest in basketball, baseball, soccer, and other niche sports. Conferences such as the West Coast Conference can capitalize on this by negotiating with streaming platforms to showcase non-football sports, expanding their reach beyond traditional television deals. These streaming agreements could provide significant exposure and increased revenue for sports that have historically struggled for visibility.
Regardless of whether a school has a football program, all institutions are grappling with the lasting impacts of Name, Image, and Likeness (NIL) policies and the Transfer Portal—two of the most transformative changes in college athletics today. Julie Connor, Deputy Campus Counsel at UC Berkeley, emphasized the growing need for college coaches who understand the new landscape shaped by NIL policies and the Transfer Portal. Today, a coach’s responsibilities extend far beyond developing a winning on-court strategy. Coaches must also navigate the complexities of working with 18-year-olds who have agents, negotiating NIL contracts, managing media deals, and retaining talent in an era where players can transfer freely without the traditional one-year sit-out period.
Beyond coaching, athletic programs must assess their competitive advantages and leverage their strengths—especially when they cannot compete dollar-for-dollar against schools with larger NIL collectives. Stanford and Cal, former Pac-12 members, have leaned into their academic prestige, leadership in innovation, and technological advancements—both on the court and in the classroom—as a means of attracting student-athletes who see value in the institution beyond athletics. This strategy helps recruit players who are committed not just to their sport, but to being part of a broader university community.
However, as Scott Petersmeyer reminded the panel, money still talks. He pointed out that Ohio State, the reigning NCAA Football Champion, spent the most on NIL deals. In today’s college sports landscape, it pays to play—and now, more than ever, it’s incredibly expensive to be the best.
Athletic departments must rethink their financial models to stay competitive. Marina Carpenter, who works with colleges aiming to close financial gaps, emphasized that much of this burden falls on the fans. While professional sports leagues have mastered the art of monetizing their fanbases, college sports—despite having deeper and more loyal fandoms—only generate about 50 cents on the dollar compared to their professional counterparts.
Since the COVID-19 pandemic, premium live-event hospitality has remained in high demand. However, many college stadiums and arenas are outdated and lack the modern amenities that fans expect. To capitalize on this demand, schools must invest in upgrading their facilities to create premium hospitality spaces, which can, in turn, generate significant revenue.
This shift starts internally with college athletic departments hiring sales-minded, business-focused professionals to engage the community and secure funding. Silicon Valley, for example, is flush with tech money that could be leveraged for stadium investments. To succeed, athletic departments must adopt a more business-oriented structure, hiring individuals with revenue-generating expertise—regardless of whether they were former athletes. Strong sales and
business development skills will directly translate to more dollars raised, better facilities, and stronger athletic programs.
All in all, universities must continue to adapt to the ever-evolving landscape of college sports—one defined by constant conference realignment, shifting NIL regulations, and looming antitrust litigation. Those who innovate and strengthen their programs will rise to the top.
In a college sports environment where top athletes hold the power, schools that aspire to attract elite talent must offer more than just competitive NIL deals—they must create an environment that feels like a home away from home. The programs that strike this balance will not only meet athletes’ financial expectations but also position themselves as premier destinations for the next generation of professionals.
Maggie Malaney is a 3L at Santa Clara University School of Law working towards a career in sports and entertainment law. Maggie attended the University of Washington as an undergrad and is originally from Sacramento, CA.
