Panel I: Institutional and Legal Obligations to Collegiate Athletes to Minimize the Risk of Paying Exorbitant Damages for Loss NIL Compensation.
This panel centers on universities’ institutional duties and the evolving standards of care owed to collegiate athletes under NCAA governance. Potential topics include the scope of institutional responsibility under NCAA Article 1, the integration of attestation requirements across campus systems, and the liability risks arising from misalignment with NCAA Best Practices. Speakers might analyze the national standard of care expected of athletic trainers and team physicians, exploring their dual roles as clinicians and first responders. The discussion could also delve into documentation and compliance tracking (as defenses against negligence claims), the importance of risk management coordination, and insurance planning to address exposure from athletic malpractice or loss of NIL (Name, Image, and Likeness) income. Overall, this panel examines how universities can systemically minimize liability through governance, compliance, and medical care integration.
Panel II: Medical and Mental Health Duties of Care—Inside and Outside Providers
This panel investigates the clinical and legal duties of care that govern athletic trainers, physicians, and mental health professionals, particularly regarding NIL-linked outcomes. Topics include pressures that compromise medical independence, such as returning athletes to play prematurely, and the legal exposure tied to misjudged RFP/RTP (Return/Removal from Play) decisions. The discussion may draw on leading cases like Chris Maragos and Krueger to highlight negligence trends and standards. Another focal point is the shortage of sports-competent mental health providers and its implications for liability. Panelists could also assess how HIPAA and FERPA constraints affect information sharing, the recognition of mental health disorders as performance determinants, and the emerging equivalence between mental health and physical injury malpractice. Implementation of NCAA Mental Health Best Practices provides a central thread linking policy, clinical care, and risk exposure.
Panel III: Risk Mitigation Protocols to Prevent NIL-Linked Damage Awards
This panel focuses on practical risk management and financial strategies to prevent or reduce institutional liability tied to NIL impairment. Discussions will likely center on return-to-play and removal-from-play decisions as pivotal sources of exposure, examining protocols for documenting care decisions and NIL value impacts. Topics include developing institutional policies that integrate legal, medical, and athletic functions to preempt NIL-based lawsuits, as well as creating evidence-based injury prevention frameworks for concussions, orthopedic conditions, and mental health. The panel will also explore NIL valuation documentation and informed consent procedures as risk controls, along with strategies for interdisciplinary coordination among athletics departments, university counsel, and health professionals. Lastly, it will address insurance structuring to ensure that NIL-related malpractice claims are adequately covered within institutional risk portfolios.