Football
Former Texas A&M Athlete Challenges NCAA Settlement Over BNIL Damages Distribution
2025-01-12

A former Texas A&M football player, Kwame Etwi, has raised concerns over the proposed House vs. NCAA settlement regarding the calculation of BNIL (Broadcast Name, Image, and Likeness) damages. In a letter to Judge Claudia Wilken, Etwi argues that the distribution method unfairly favors athletes who did not actively participate in games or medically retired over those who contributed significantly during their college careers. This dispute highlights the broader dissatisfaction among various athletes with how compensation will be allocated under the settlement. The letter, shared by Boise State professor Sam Erlich, underscores the complexities in defining eligibility for BNIL payouts and the perceived inequities in the current proposal.

Etwi's objection centers on the discrepancy between scholarship recipients and walk-on players like himself, who actively participated in games but were excluded from receiving any compensation. He points out that some athletes, despite not playing much or retiring due to medical reasons, will receive substantial payouts simply because they held scholarships. Meanwhile, players like Etwi, who played extensively throughout their college careers, are left without any financial recognition. Etwi emphasizes that this exclusion overlooks the significant contributions and sacrifices made by active roster walk-ons, who adhered to the same rigorous schedules and standards as scholarship athletes.

Etwi further explains his decision to join Texas A&M despite having offers from other Division I schools. He chose the more prestigious institution, expecting greater opportunities. However, he was not awarded a full Grant-in-Aid (GIA) scholarship, which disqualified him from the BNIL settlement funds under the current eligibility criteria. His letter highlights the disparity in how the settlement defines eligible players and calls for a fairer distribution that acknowledges the value of on-field contributions.

The debate extends beyond football, as swimmers have also voiced concerns about the settlement's payout structure. Some swimming champions feel that their compensation estimates do not reflect their achievements compared to less successful teammates. Additionally, an Auburn freshman swimmer has submitted a letter opposing roster limits in the settlement, arguing that these should only apply to incoming athletes while grandfathering in current ones. These objections underscore the need for a more nuanced approach to addressing the diverse needs and contributions of athletes across different sports.

Etwi's challenge to the settlement reflects a growing concern among athletes about the fairness of BNIL damage calculations. As Judge Claudia Wilken prepares for the final approval hearing on April 7, the voices of athletes like Etwi highlight the importance of revisiting the settlement terms to ensure equitable treatment for all participants. The issue is not just about financial compensation but also about recognizing the efforts and sacrifices of every athlete who contributes to collegiate sports.

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