House vs. NCAA Settlement
PERSONAL AND CONFIDENTIAL
Re: Notification Pursuant to Family Educational Rights and Privacy Act (“FERPA”)
Dear Former and/or Current Wichita State University Student Athletes:
We are writing to inform you about a recent court order issued in response to a collection of lawsuits involving the NCAA that may require Wichita State University (“WSU” or the “University”) to release certain information from your education records, as required by the Family Educational Rights and Privacy Act (“FERPA”). While WSU is not a party to the legal proceedings, the court order obligates us to provide specific information that may include your personally identifiable information.
The NIL Cases and the Proposed Settlement
The court order was issued in response to a recent proposed settlement of three cases involving the NCAA’s current and former rules regarding student-athlete name, image, and likeness:
In re College Athlete NIL Litigation, No. 4:20-cv-03919-CW (N.D. Cal.) (“
House”);
Hubbard v. National Collegiate Athletic Association, No. 4:23-cv-01593 (N.D. Cal.) (“
Hubbard”); and
Carter v. National Collegiate Athletic Association, No. 4:23-cv-6325 (N.D. Cal.) (“Carter”) (collectively, the “NIL Cases”). You can find out more about the NIL Cases, the proposed settlement, and your potential eligibility for settlement benefits at
www.collegeathletecompensation.com, which is a public, case-specific website established by the court to provide the most up-to-date information about the proposed settlement.
Why You Are Receiving This Notice
You are receiving this notice because the information requested by the court includes records or data related to your time as a current or former student-athlete at WSU, including but not limited to information about your participation in athletics, scholarships, or academic performance. This information may be used by the court to determine your eligibility for settlement benefits. Under FERPA, the University is typically required to obtain your consent before sharing your education records. However, FERPA also provides exceptions to this rule, including situations like this one, where disclosure is required by a lawfully issued court order or subpoena.
What You Need To Do
The University intends to begin releasing responsive records in accordance with the Court Order on December 2, 2024. If you do not have any objections to the release of your records, you do not need to respond to this letter or take any action. However, if you (or your attorney) wish to object to such release, you (or your attorney) must file an objection with the Court. If you intend to file an objection with the Court, please notify the University’s attorney at
student.records@wichita.edu. If the University’s attorney is not provided with a copy of a properly filed and pending motion to object to the release of your records by December 2, 2024, we will be obligated to comply with the Court Order and information responsive to the Court Order will be provided to the Court.
If you have any questions, please contact the University at
student.records@wichita.edu. Please be advised that the University cannot provide you with legal advice. If you have any legal questions, you will need to consult your own attorney.
Sincerely,
Gina Crabtree
University Registrar
HOUSE V. NCAA FAQ
Q: What is House v. NCAA?
A:
House v. NCAA is the consolidation of class action lawsuits filed by former student-athletes against the NCAA and the Power Five Conferences. The lawsuit alleges, among other things, that the NCAA and the Power Five Conferences violated the law by prohibiting student-athletes from earning compensation for the commercial use of their Name, Image, and Likeness (“NIL”).
Q: What is the House v. NCAA Settlement?
A: In early 2024, the student-athletes, the NCAA, and the Power Five Conferences agreed to settle (resolve) the lawsuit (the “
House Settlement”). On April 7, 2024, the court granted preliminary approval of a proposed settlement between the student-athletes, the NCAA, and the Power Five Conferences. The
House Settlement covers several areas including, but not limited to retroactive NIL payments, revenue sharing, and elimination of scholarship limitations (roster maximums).
Q: Am I eligible for benefits under the House Settlement?
A: Wichita State is not responsible for determining who is eligible for benefits. For more information about your eligibility to receive benefits under the
House Settlement, please visit
www.collegeathletecompensation.com.
Q: Why did I get this FERPA notice?
A: You are receiving this notice FERPA because the information requested by the court includes records or data related to your time as a current or former student-athlete at WSU, including but not limited to information about your participation in athletics, scholarships, or academic performance. This information may be used by the court to determine your eligibility for settlement benefits. Under FERPA, WSU is typically required to obtain your consent before sharing your education records. However, FERPA also provides exceptions to this rule, including situations like this one, where disclosure is required by a lawfully issued court order or subpoena.
Q: What do I need to do next with this FERPA notice?
A: It depends. Here are your options:
| OPTION |
INFORMATION |
| Do nothing |
If you do not have any objections to WSU releasing your records to the Court, you do not need to do anything |
| Object to release of your records |
If you do not want WSU to release your records to the Court, you (or your attorney) need to file an objection with the Court. If you file an objection with the Court, you must also notify WSU of this objection by emailing student.records@wichita.edu. YOU MUST FILE THIS OBJECTION BEFORE DECEMBER 2, 2024. |
Q: What if I have more questions?
A: If you have questions about the FERPA notice, please email them to
student.records@wichita.edu. If you have questions about the
House Settlement itself (e.g., important dates, settlement benefits, eligibility for settlement benefits, etc.), please visit
www.collegeathletecompensation.com.
