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They may as well have rolled out Quantum mechanics at this point. The attention span in this legal fight has flatlined for Joe Sixpack. 

And that’s exactly what they want.

But before those running college sports – do we really know who they are at this point? – get comfortable with their shrewd shell game in the unfolding House settlement case impacting college football, understand this: no one in the history of business has survived by ignoring who they serve.

And with each passing month over the last four torturous years of paradigm change, those running college sports are on the edge of a catastrophic misread.

The fans, who fuel their collective sports, can only take so much. 

So while attorneys for the NCAA and players fight it out in court over billions in lost revenue and billions more in future revenue, the fans – the one constant that has grown college football to unthinkable heights – have had a bellyful. 

They’ve tuned out the monetary fight. They don’t care about billions made annually by Football Bowl Subdivision programs (some much more than others) and don’t give a rip how it’s split. 

They don’t care about roster size and/or management, or that coaches continue to declare the loss of walk-ons is somehow, in some way, a death knell to the sport.

They just want their ball on fall Saturdays. 

They want to roll into town Friday night, reconnect and avoid the grind of life, and hope like all hell this is the season they finally beat State. Simple, easy stuff.

But the flood of structural moves over the last four years – most made with zero foresight into how it impacts the product being sold – is now bleeding into their beautiful symphony of an escape. Tailgates and touchdowns have ben interrupted by lengthy litigation 

Before we go further, this must be said: a majority of fans don’t care about money. It’s a titillating point of argument within the sport of arguing.

Our team is better than yours. Our conference is better than yours. Our band is better than yours.

And now, our quarterback makes less than your quarterback, and wins more games. 

That’s it.

What does matter is player movement. What could lead to fans backing away from college football and not spending billions on the No. 2 sport in the country (behind only the NFL), is free player movement every single season. 

They’ll put-up with a lot, these generational fans. An ever-changing postseason that morphed from media choosing a champion, to computer dorks and something called the Harris poll choosing it. 

To a four-team playoff, and now a 12-team playoff, and what looks like at least at 14- or 16-team playoff beginning in 2026. They put up with Indiana and SMU being selected in the College Football Playoff, for the love of all things pigskin.

But players moving freely from team to team at an alarming rate, and the idea of school pride and loyalty dying at a similar rate, is where they may begin to draw the line. 

The connection with fans and universities and school pride goes beyond school colors. It’s the development of players and coaches, and the investment of a three- or four-year journey of growing with your school.

It may sound hokey and contrived, but those at the top making decisions in the name of the NCAA better sit up and take notice. Because when you’re asking those you serve to spend more money on seat licenses and tickets, on apparel and flights and hotel rooms and rental cars and tailgating and everything else that goes into seven or eight home games every year, there will be hesitation. 

Do you spend and invest time in a product that doesn’t align with what’s important to you, or do you sit home in your comfortable living room, with your own clean bathroom, and – here’s the key – when the game is over, you switch off your 70-inch television and a few minutes later, you’re on to the next thing. 

Not sitting in traffic for the next four hours. 

This isn’t that difficult. Figure out a financing plan that pays players their value, and then add hefty buyouts to all player contracts. That’s not collusion, that’s business. 

If it were collusion, coaches could’ve argued it and won in court decades ago. They didn’t because it’s a legally sound move. 

And if you want to keep your lower Bowl Subdivision schools from dying, force power conference schools to pay a premium talent fee to sign a player from Group of Five schools. They developed the players, they should be compensated. 

University presidents have instead sent attorneys to argue semantics while bickering over billions, and sent conference commissioners to swanky hotels to bicker over a playoff. 

Meanwhile, the DNA of the sport – its loyal and passionate fans – are minimized and marginalized. 

And they can only take so much. 

Matt Hayes is the senior national college football witer for USA TODAY Sports Network. Follow him on X at @MattHayesCFB.

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The Los Angeles Lakers are imposters.

Or they’re the real deal.

Either way, they’re a mystery headed into Game 3 against the Minnesota Timberwolves on Friday night in Minneapolis with the NBA first-round playoff series tied at 1-1.

Perhaps that was the real deal in Game 1 when the Lakers got clobbered 117-95. Or were those imposters?

Perhaps those were imposters in Game 2 when the Lakers beat the Timberwolves 95-84. Or was that the real deal?

Another possibility: this team settled into an erratic state that will be on display in Game 3.

Among the Lakers, here’s the popular narrative: They needed 2½ quarters while getting blown out in Game 1 before adjusting to playoff intensity.

“Playoffs require a different level,’’ Lakers coach JJ Redick said.

A lot depends on LeBron James and Luka Doncic.

In Game 1, the co-stars were underwhelming, combining for 56 points but just 13 rebounds and four assists. As a team, the Lakers had just 15 assists.

In Game 2, however, Doncic and James combined for 52 points along with 23 rebounds and 16 assists. As a team, the Lakers had 23 assists.

“I think we shared the ball great today,’’ said Doncic, who had just one assist in Game 1 and then nine in Game 2.

So the Lakers are a club now embracing teamwork. Or so it appears.

They can rely on something else.

“The one thing you can go back to is competing as hard as you possibly can,’’ Lakers guard Austin Reaves said.

All-out effort is something that helped define the Lakers in the second half of the season, when they won 20 of 24 games and eight consecutive. Is it something unsustainable. It can be tied to a buzzword through two playoff games.

Physicality.

The Lakers’ lack of it in Game 1 and demonstration of it in Game 2. The results:

The Lakers gave up 25 fastbreak points in Game 1 but only six fastbreak points in Game 2.

The Lakers watched Minnesota make 21-of-42 3-pointers in Game 1 but in Game 2 the Timberwolves made only 5-of-25 3-pointers.

In Game 2, the Lakers offense began to degrade in the fourth quarter. But rather than panic, they leaned on their defense.

With 2:43 left and the Lakers up by nine points, James stole the ball from Anthony Edwards and went coast-to-coast for a layup.

With 1:25 left and the Lakers up by 11, Reaves drew a charge on Jayden McDaniels.

Clutch plays. Whether the Lakers can deliver them again likely depends on who exactly they are.

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James Gladstone became the NFL’s youngest general manager this offseason when the Jacksonville Jaguars hired him. He wasted little time making his presence to the rest of the league known by trading for the second overall pick in the 2025 NFL draft.

The Cleveland Browns traded the No. 2 pick to the Jaguars, originally selected to pick fifth, along with a handful of other picks, including Jacksonville’s first-round selection in 2026. A second-round pick (No. 36) and a fourth-round pick (No. 126) is also going to Cleveland. The Jags got a fourth-round pick and a sixth-round pick.

Widely expected to stick and pick reigning Heisman Trophy winner Travis Hunter from Colorado after the Tennessee Titans took quarterback Cam Ward first overall, Browns general manager Andrew Berry instead decided to move back with the Jags. Jacksonville slid into the second spot and turned in a draft card with Hunter’s name on it. The Browns selected Michigan defensive tackle Mason Graham at No. 5.

Much of the runup to the 2025 NFL draft lacked hype and drama outside of the typical speculation. But hours before the draft, rumors started swirling that the Jaguars were trying to move up and that the Browns were listening to calls about moving back.

Hunter told reporters he was looking at houses in Jacksonville the night before the draft and that he’d had productive conversations with both offensive coordinator Grant Udinski and defensive coordinator Anthony Campanile throughout the draft process, per the Florida Times-Union.

Jaguars quarterback Trevor Lawrence now has a target in the receiver-cornerback combo of Hunter, who’s expected to play on both sides of the ball in the NFL as he did at Colorado. Jacksonville also has a first-year head coach in Liam Coen. And Gladstone, 34, is already making moves.

‘We had a good idea the last couple weeks that this was going to come to fruition,’ said Gladstone, who added that the deal had been in place since the beginning of April.

Cleveland now has a stockpile of picks in this year’s draft. The Browns entered with the 33rd overall pick, the first selection in the second round, and two third-round picks. Earlier Thursday, they traded two of their four sixth-rounders and a seventh-rounder to the Houston Texans for a pair of picks in the fifth round. The team has been linked to quarterbacks available in the draft.

Cleveland also traded the second overall pick the last time they held it, in 2016. The Philadelphia Eagles exchanged five selections (No. 8 overall pick, a third- and fourth-round selection, 2017 first-round pick and a second-round pick in 2018) for the right to choose quarterback Carson Wentz after the Los Angeles Rams drafted Jared Goff. Wide receiver Corey Coleman, safety Jabrill Peppers, offensive tackle Shon Coleman and quarterback Cody Kessler were among the players the Browns took.

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Shedeur Sanders’ wait to hear his name called will extend into the second day of the 2025 NFL draft. The former Colorado and Jackson State quarterback watched the first round from a party at the Sanders residence in Texas, without receiving a call from a team with the news that he’d been drafted. 

‘We all didn’t expect this of course, but I feel like with God, anything’s possible, everything’s possible,’ Sanders said while addressing his supporters in a video posted by his father, Deion Sanders, on Instagram. ‘I feel like this didn’t happen for no reason. All of this is, of course, fuel to the fire. Under no circumstance, we all know that this shouldn’t have happened. But we understand we onto bigger and better things. (Friday is) the day. We’re gonna be happy regardless.’

Sanders was never going to be drafted before Cam Ward, taken by the Tennessee Titans first overall. But he lost the race for second signal-caller off the board to Mississippi’s Jaxson Dart, who went to the New York Giants after “Big Blue” traded back into the first round to select Dart at No. 25. 

Sanders will feature prominently on the “Best Available” lists as the second round of the draft begins Friday. The Cleveland Browns, one of the teams that will almost certainly leave the draft with a quarterback, hold the first pick of the second round, 33rd overall, and three selections later pick at No. 36.

The son of Hall of Famer and Colorado head coach Deion Sanders, Shedeur Sanders was also linked to the Pittsburgh Steelers. But once they passed on him with the 21st overall pick, another team would have had to trade back into the first round to select Sanders. None did. And his wait continues.

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The coronation of Cam Ward became official Thursday night when NFL Commissioner Roger Goodell announced what had become a foregone conclusion – the Tennessee Titans selecting Ward with the No. 1 overall pick in the 2025 NFL Draft. 

Ward strode to the stage in Green Bay, Wisconsin wearing a head-to-toe Hugo Boss outfit and donned a Titans hat. It was the end of a sinuous journey for the former University of Miami (Fla.) quarterback who was a zero-star recruit with two collegiate offers and played at FCS Incarnate Word and Washington State before landing with the Hurricanes. 

For Miami, Ward threw 39 touchdowns (7 interceptions) in 13 games, which led all of Division I. He was named the Atlantic Coastal Conference Player of the Year, a consensus All-American and finished fourth in Heisman Trophy voting. 

Ward set a new Hurricanes single-season mark record for passing yards (4,313) in a season and passed Case Keenum’s record for career passing touchdowns in Division I (158). 

In a draft class weaker compared to most cycles, Ward stood out as the clear top option at quarterback. And the Titans entered the offseason in need of a franchise signal-caller. Tennessee, with first-year general manager Mike Borgonzi – formerly of the Kansas City Chiefs – and second-year head coach Brian Callahan (who helped develop another No. 1 pick at quarterback, Joe Burrow, as the Cincinnati Bengals’ offensive coordinator), appeared to settle on Ward months ago. The Titans declined to sign a veteran starter and bolstered other parts of the roster, while also signaling that they have little faith in Will Levis – a second-round pick in 2023 – as the long-term answer behind center.

Other teams, such as the New York Giants, according to ESPN, tried to trade with the Titans for the top spot in the pecking order. Tennessee rebuffed all efforts.

‘I got a chance to learn more about (the Titans) personally over the last couple of months, and I am excited to hopefully hear my name called first, to go to a good organization like that,’ Ward said at an NFLPlay60 event on Wednesday in Green Bay, per the Titans’ team website. ‘They have a great owner, a great GM, great assistant GM, great president. The team there, they have a pretty elite team, in my opinion – they don’t get enough credit on paper for what they really are. So, if I am there, I know it will turn out good.’

At 6-foot-2, Ward has the ability to make big plays with his arm and can extend dropbacks with his feet and mobility. The improvisation can put him in a bind at times. But the expectation is that the proper coaching will accentuate his strengths and eliminate bad habits. 

NFL draft picks 2025: Tracker, analysis for every selection in first round

The West Columbia, Texas native ran the “Wing-T” offense during high school, which helped set the foundation for his elusiveness. 

“One of the things I love most about him (is) his ability to pull through tackles. Like, you get guys that will get free runs at him, and he’s able to just kind of shrug them off and pull through tackles,” NFL Media draft analyst Daniel Jeremiah said. “For a guy that’s not 6’5′, 240 pounds, he’s really, really strong.” 

His quick arm makes him an ideal fit in schemes that utilize “run-pass-option” (RPO) plays. Ward will be 23 years old with four seasons of collegiate starting experience when he (presumably) takes the field as the Titans’ Week 1 starter in September.

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No. 5 seed LA Clippers have taken control of the 2025 NBA playoffs first-round series, 2-1, after beating the No. 4 seed Denver Nuggets. It was the first home playoff game for the Clippers at the Intuit Dome.

Kawhi Leonard produced a double-double with 21 points and 11 rebounds after shaking off a slow start in the 117-83 Western Conference Game 3 victory over the Nuggets.

James Harden added 20 points, nine assists and six rebounds in the winning effort for the Clippers while Norman Powell also added 20 points. 

Former MVP Nikola Jokic added a team-high 23 for the Nuggets. He also had 13 rebounds and 13 assists. Jamal Murray scored 23 points while former Clipper Russell Westbrook was held to just three points after shooting 1-for-5 from the field (all attempts from the three-point line).

USA TODAY Sports provided updates and highlights from Game 3 between the Nuggets and Clippers:

Final: Clippers 117, Nuggets 83

Clippers vs. Nuggets highlights

Clippers vs. Nuggets third quarter update

The Clippers took a 90-70 lead entering the fourth quarter.

James Harden and Norman Powell each scored 20 points through the first three quarters of play while Kawhi Leonard added 14 points and nine rebounds. Jamal Murray led the Nuggets with 21 points and Nikola Jokić had 17 points and 11 rebounds.

Clippers vs. Nuggets halftime update

After taking its first lead of the game late in the first quarter, the Clippers held on to their lead throughout the first half. The Clippers lead the Nuggets 63-47 at halftime.

James Harden led the Clippers with 20 points, four assists and three rebounds. Aaron Gordon and Jamal Murray each have 13 points for the Nuggets.

James Harden stats

James Harden leads the Clippers with 20 points, nine assists and six rebounds in 34 minutes of play against the Nuggets.

Kawaii Leonard stats

Kawhi Leonard produced a double-double with 21 points, 11 rebounds and six assists in 34 minutes of play for the Clippers.

Clippers vs. Nuggets first quarter update

Aaron Gordon has scored 11 of the Nuggets’ first 20 points with 7:01 left in the first quarter against the Clippers, but was a non-factor for the rest of the quarter.

James Harden led the Clippers with 13 points while Kawhi Leonard was limited to five points in the period.

The Nuggets led the Clippers for the first 10:30 of the quarter before Harden gave L.A. the 29-28 lead. The Clippers pulled away with a 35-28 lead after Harden and Nicolas Batum scored back-to-back three-pointers in the final minute..

Clippers’ starting lineup vs. Nuggets in Game 3

Norman Powell
Kawhi Leonard
Ivica Zubac
Kris Dunn
James Harden

Nuggets’ starting lineup vs. Clippers in Game 3

Michael Porter Jr.
Aaron Gordon
Nikola Jokić
Christian Braun                                                                     
Jamal Murray

Clippers-only fan section ready to horse around

Members of the Wall, which is the Clippers-only fan section called the Intuit Dome, found a horse mask at their seats to wear before the game. Nuggets star Nikola Jokić is known to have a love and passion for horses and harness racing.

What time is Nuggets vs. Clippers?

Game 3 of the NBA playoff series between the Denver Nuggets and LA Clippers is at 10 p.m. ET on Thursday, April 24.

How to watch Nuggets vs. Clippers: Time, TV, streaming info

Time: 10 p.m. ET
TV: NBA TV
Stream: Fubo
Location: Intuit Dome (Inglewood, CA)

Watch Nuggets vs. Clippers with a free trial of Fubo

Aaron Gordon stats

Aaron Gordon averaged 14.7 points in the regular season, shooting 53.1% from the field and a career-high 43.6% from three in 51 games (42 starts). He also averaged 4.8 rebounds and 3.2 assists. Through two games in the 2025 NBA playoffs, Gordon is averaging 19.5 points, 7.0 rebounds and 1.0 assist.

Michael Porter Jr. will play in Game 3

Porter is officially a go for Game 3. He’s coming off a 15-point, 15-rebound double-double performance in Denver’s Game 2 loss on Monday, following a mere three points in the team’s Game 1 win on Saturday.

Will Michael Porter Jr. play in Game 3?

Michael Porter Jr. is listed as questionable for Game 3 on Thursday due to a left shoulder sprain. Porter suffered the injury during the closing minutes of Denver’s 105-102 loss to the Clippers in Game 2 on Monday. He dove for a loose ball and the Clippers’ Kris Dunn fell on him while attempting to do the same. Following the game, Porter said he “never felt a pain like this” and noted that he suffered a “joint sprain.”

On Wednesday, interim head coach David Adelman said he’s ‘very optimistic’ Porter will suit up on Thursday. ‘I don’t think he gets enough credit for how tough he is and what he’s played through over these years. His pain threshold is something that people don’t understand, don’t get, that he deals with all year long…If Mike can play he will.’

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The New York Giants left the first round of the 2025 NFL draft with a potential quarterback of the future. 

With the 25th pick of the first round, the Giants selected quarterback Jaxson Dart of Mississippi. New York sent the 34th and 99th overall selections in 2025, along with a third-rounder next year, to the Houston Texans to move back into the first round after the Giants took edge rusher Abdul Carter with their original pick at No. 3 overall. 

The Giants gave up the draft capital and brought in Dart despite signing veteran signal-callers Russell Wilson and Jameis Winston during the offseason.

Dart started his college career at Southern California as a four-star recruit but transferred upon the arrival of Caleb Williams. He transferred to Ole Miss – the college home of former Giants quarterback Eli Manning – and was a three-year starter for Lane Kiffin. Dart became the Rebels’ all-time leader in wins (28) and passing yards (10,617) over 38 starts in Oxford. 

With dual-threat ability, Dart becomes the latest quarterback project for Giants head coach Brian Daboll, who played a key role in the progression of reigning MVP Josh Allen during his time as offensive coordinator of the Buffalo Bills. Dart will face plenty of question marks at the next level but the Giants are banking on his big arm – he led the FBS in yards per attempt (10.8) and completions of 10 yards or more (74) in 2024 – and toughness translation to the pros. 

‘I think he’s got a lot of qualities you look for in a quarterback,’ Daboll said. ‘He’s tough, makes good decisions with the football, pushes the football down the field, has athletic ability.’

New York had also been linked to Colorado quarterback Shedeur Sanders, but the team ultimately went with Dart. The Giants also tried to trade with the Tennessee Titans for the top overall pick to take quarterback Cam Ward, per multiple reports. Last year, they attempted to move into the top three to take Drake Maye, but the New England Patriots didn’t budge then, either. 

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Ja Morant took a hard fall Thursday night that knocked him out of Game 3 of the first-round series between the Memphis Grizzlies and Oklahoma City Thunder.

The injury occurred in the second quarter after Morant was upended by the Thunder’s Lu Dort while driving to the basket on a 2-on-1.

Memphis led 77-51 at halftime at home.

Morant finished his night with 15 points and five assists in 16 minutes.

Meanwhile, Oklahoma City thundered back from a 29-point deficit to win, 114-108. The Thunder hold a 3-0 series lead. Game 4 is in Memphis on Saturday (3:30 p.m. ET, TNT), but Morant’s status is not known.

(This story was updated to add information).

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Pro Football Hall of Famer and media personality Shannon Sharpe said on Thursday he is stepping away from ESPN.

Sharpe said in a statement: ‘My statement is found here and this is the truth. The relationship in question was 100 % consensual.

‘At this junction I am eliciting to step aside temporarily from my ESPN duties. I will be devoting my time to my family, and responding and dealing with these false and disruptive allegations set against me. I plan to return to ESPN at the start of the NFL preseason. I sincerely appreciate the overwhelming and ongoing support I have received from my family, friends and colleagues.’

ESPN said in a statement: ‘This is a serious situation, and we agree with Shannon’s decision to step away.’

Sharpe first joined ‘First Take’ in August 2023 after he reached a buyout with Fox Sports in June 2023 to leave FS1’s ‘Undisputed.’ Sharpe appeared alongside Stephen A. Smith on ESPN’s ‘First Take’ on Mondays and Tuesdays and signed a multi-year contract with ESPN in June. Sharpe was set to expand his role on ‘First Take’ and his presence across ESPN platforms under the new deal, but he’ll now be missing from the ESPN airwaves entirely.

SHANNON SHARPE accused of sexual assault, battery in $50 million civil lawsuit

Here’s what we know about Sharpe:

Sharpe named in sexual assault, battery civil lawsuit

Sharpe’s decision to step away comes on the heels of a civil lawsuit filed against him in Clark County, Nevada on Sunday. According to the suit obtained by USA TODAY Sports, the plaintiff, listed under the alias ‘Jane Doe,’ alleged that Sharpe sexually assaulted her twice, once in October 2024 and again in January 2025. They met at a Los Angeles gym in 2023 when she was 19.

The plaintiff said she was in a relationship with Sharpe for nearly two years, and it began as a ‘rocky consensual relationship.’ The woman says Sharpe became violent over the course of the relationship, threatened to kill her during one incident, and recorded their sexual encounters without her consent.

The lawsuit is seeking $50 million in damages for sexual assault and battery, in addition to engaging in the intentional infliction of emotional distress. Sharpe denied the allegations on Tuesday in an Instagram video and said he’s the victim of a ‘blatant set-up’ and ‘shakedown’ attempt.

Sharpe’s NSFW Instagram Live mishap

In September, Sharpe inadvertently livestreamed audio of him having sex to his roughly 3.2 million followers on Instagram. After initially claiming he was hacked, Sharpe later owned up and apologized for his mistake.

‘Obviously I am embarrassed. Someone that is extremely, extremely private and to have one of your most intimate details – the audio – heard for the entire world to hear, I’m embarrassed for a number of reasons,’ Sharpe said at the time on the ‘Nightcap’ podcast. ‘There are a lot of people that count on Shannon to be professional at all times and I always try to be professional at all times, even when I’m behind closed doors.’

Sharpe didn’t face any discipline from ESPN over the incident.

Shannon Sharpe: Star athlete to social media star

Sharpe played 14 seasons in the NFL (1990-2003), primarily for the Denver Broncos, where he played two separate stints (1990-99, 2002-03) and won two Super Bowls (1998-99). He also won a Super Bowl with the Baltimore Ravens in 2001. Sharpe, an eight-time Pro Bowler, was named to the Pro Football Hall of Fame in 2011.

Following his successful football career, Sharpe transitioned to sports commentary. He served as a commentator for CBS Sports’ ‘The NFL Today’ from 2004-2014 and later joined FS1’s ‘Undisputed’ alongside co-host Bayless in 2016. The pairing of Sharpe and Bayless was gold for TV ratings, but their on-air chemistry turned contentious.

Tensions between Sharpe and Bayless spilled over onto the broadcast in January 2023 following Bayless’ controversial tweet about Damar Hamlin, who went into cardiac arrest during the Buffalo Bills’ Week 17 game against the Cincinnati Bengals that was subsequently canceled. Sharpe no-showed ‘Undisputed’ the next morning, but confronted Bayless when he returned.

‘There’s been a lot of speculation to why I wasn’t on air yesterday… Skip tweeted something… and hopefully Skip would take it down,’ Sharpe said, before Bayless interjected: ‘Timeout, I’m not gonna take it down, because I stand by what I tweeted.’ A clearly frustrated Sharpe responded, ‘I can’t even get through a monologue without you interrupting.’

Sharpe filmed his last show for ‘Undisputed’ in June 2023 after reaching a buyout with Fox Sports.

What’s next for Shannon Sharpe? Podcast empire

Sharpe has his podcast empire to keep him busy. Sharpe created ‘Club Shay Shay’ in 2020. After leaving FS1’s ‘Undisputed,’ Sharpe signed a media deal to partner with The Volume, Colin Cowherd’s digital podcast network in August 2023. ‘Club Shay Shay’ has amassed nearly 4M subscribers on YouTube and has featured many guests, including comedian Katt Williams and U.S. presidential candidate Kamala Harris. ‘Nightcap,’ a nighttime podcast Sharpe co-hosts with Chad ‘Ochocinco’ Johnson, has over 1.7M subscribers since launching on September 2023.

Last week, Front Office Sports reported that Sharpe was nearing a new podcast deal that exceeds $100 million.

This story was edited to add new information and for editing.

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In the Eastern District of Kentucky, Judge Karen Caldwell ruled that the plaintiffs didn’t prove there were enough female students at or admitted to UK ‘actually able to compete at a varsity level.’
Social justice in sports expert and Ithaca College professor Ellen Staurowsky, Ed.D., thinks this lawsuit against UK could have serious implications for the future of Title IX.

A gender discrimination lawsuit against the University of Kentucky could have national implications after its latest filing was made to the Sixth Circuit Court of Appeals on Thursday evening.

Former UK students Ala Hassan and Lisa Niblock filed a federal lawsuit in 2019 alleging the school violated Title IX by not providing equal opportunities for women to participate in varsity sports. Last fall, U.S. District Judge Karen Caldwell ruled in the Eastern District of Kentucky that the university was not in violation of the gender-equity law. Iowa-based attorney Lori Bullock filed a notice of appeal to the Sixth U.S. Circuit Court of Appeals in February, and UK’s lawyers submitted their appellee’s brief Thursday, according to online court records.

In an appellee’s brief, the defendants are tasked with outlining why the lower court’s decision should stand. They asserted that 46-year-old guidance handed down by the U.S. Department of Education regarding Title IX compliance, otherwise known as the three-part test, ‘is not entitled to judicial deference, contradicts the statutory text, and conflicts with the regulations, it should have no applicability to this case.’ Should the court decide the 1979 policy interpretation applies to this case, however, UK argues that it still complies with Title IX.

If the Sixth Circuit Court of Appeals decides to throw out the three-part test, it could devastate the anti-discrimination law.

‘In this climate, I think these kinds of decisions, the potential impact of them is quite serious,’ Ellen Staurowsky, Ed.D., Ithaca College professor and social justice in sports expert, told The Courier Journal. ‘If we put that together with the reductions in workforce with the Office for Civil Rights in the Department of Education, the emphasis that’s being made on speeding up reviews, the Trump administration is talking that language. …

‘So the potential implications of this are big.’

Bullock did not immediately respond to request for comment. UK spokesperson Jay Blanton said the university would ‘let the brief speak for itself.’

What is the three-part test?

Under the Department of Education’s three-part test, a school can be in compliance with the participation aspects of Title IX in any one of the following ways:

— The number of male and female athletes is substantially proportionate to their respective enrollments; or

— The institution has a history and continuing practice of expanding participation opportunities responsive to the developing interests and abilities of the underrepresented sex; or

— The institution is fully and effectively accommodating the interests and abilities of the underrepresented sex.

UK’s legal counsel tried multiple times during the lower court proceedings to have the three-part test thrown out. Lawyers most recently cited a Supreme Court ruling from June between Loper Bright Enterprises and Raimondo, which is also cited in Thursday’s brief. The decision made in favor of Loper Bright overturned a 40-year precedent known as “the Chevron doctrine” directing courts to defer to government agency interpretations of ‘ambiguous’ laws. 

How was the three-part test previously applied to this case?

Caldwell declined to discard the three-part test in the Eastern District of Kentucky but ultimately ruled in UK’s favor. It is unclear whether the Loper Bright case can be applied to the Department of Education and the Office of Civil Rights’ guidance on Title IX. Staurowsky told The Courier Journal that ‘the question would be did (the Department of Education and Office for Civil Rights) exceed its authority in issuing the regulations as they are. I’m not sure how this is going to play out.’

It is also unclear whether a judge would be receptive to a precedent set after this particular lawsuit was filed in 2019.

In the Eastern District of Kentucky, Caldwell ruled that UK did not meet two parts of the three-part test used to measure participation opportunities in accordance with a 1979 interpretation of Title IX.

Caldwell wrote in her ruling that the plaintiffs had proven UK “does not provide females (sic) students with intercollegiate varsity participation opportunities in numbers substantially proportionate to their respective enrollment.” Women made up 58.9% of UK’s enrollment during the 2023-24 academic year. But less than 51% of UK’s varsity athletes participate in women’s sports, according to the school’s most recent NCAA financial report.

Caldwell also found UK didn’t prove “either a history or a continuing practice of program expansion that is demonstrably responsive to the developing interests and abilities of its female students,’ nor did it ‘present evidence of a plan of program expansion pursuant to which the committee regularly reviews multiple measures of developing interest and ability, like those reviewed for [STUNT], to expand its varsity participation opportunities for females.”

Ultimately, though, Caldwell ruled that the plaintiffs did not prove there were enough female students at or admitted to UK who are ‘actually able to compete at a varsity level in a sport and that there are enough of them to form a team.” She also wrote that the plaintiffs could not prove UK failed to address unmet student interest in the sports they argued it should add: women’s lacrosse, field hockey and/or equestrian.

Regarding student ability, Caldwell wrote that ‘neither the club lacrosse nor field hockey club teams has won any championships or otherwise obtained recognition for the skill level of the team or its individual players.” The equestrian team has won accolades at the club level (including a national championship in 2008), but most of the club’s team members “fall below the skill level required for a varsity team,’ Caldwell wrote.

How this lawsuit could have national impact on Title IX

Staurowsky has been following this case for a while. It raises fundamental questions about what Title IX compliance looks like half a century after the law’s passage in 1972. Staurowsky believes the plaintiffs effectively laid out how UK failed each prong of the three-part test — by a concerningly wide margin — in their initial complaint and appellee’s brief two months ago.

Regarding the assertion from UK (which it doubled down on in its latest filing) and Caldwell that club participation alone doesn’t translate to a full varsity team, Staurowsky said “no kidding.”

The standard, Staurowsky told The Courier Journal, isn’t supposed to be “plaintiffs deliver a varsity sport, and then we say, ‘You can have it.’” The standard, she added, is meant to focus on whether an institution is engaging in sex discrimination. Most Division I programs, regardless of sport, don’t recruit their campus anyway, instead looking nationwide (if not internationally) for talent.

“This determination that somehow the plaintiffs hadn’t met the burden of demonstrating whether or not they had enough viable candidates,” Staurowsky said, “I think the logic of that really, really should be challenged. And its potential impact would be considerable.” 

If the Sixth Circuit Court of Appeals judge decides to do away with the three-part test, it could spell disaster for the anti-discrimination law. The three-part test has been used to evaluate Title IX compliance for nearly 50 years. Without it, Title IX could be rendered ineffective.

This comes while Title IX is seemingly under siege by various entities and government officials. 

The Trump administration recently announced its “Special Investigations Team” to speed up the process of Title IX investigations on the heels of halving the U.S. Department of Education’s staff and laying off at least 43% of the Office for Civil Rights. For years, politicians have used transgender women to fearmonger in the name of “protecting” women’s sports. And even as the NCAA seeks congressional intervention with NIL and revenue sharing, Staurowsky said, the governing body uses Title IX as a smokescreen to avoid labeling athletes as “employees.”

“These large pieces have slowly been getting put into place,” Staurowsky said, “in very damaging ways.”

Reach college sports enterprise reporter Payton Titus at ptitus@gannett.com, and follow her on X @petitus25.

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