One of the better developments in college baseball over the last few years is the proliferation of coaching staffs and the advent of a third paid assistant coach. For decades, NCAA Division I staffs had been limited to a full-time head coach and two full-time assistant coaches while also customarily adding a volunteer position. This volunteer position came with no benefits, often no housing, and usually offered only limited money via a program's offseason camps and/or clinics.

As a result, numerous volunteer coaches, filed suit in November 2022 under the caption Smart v. NCAA, alleging that NCAA rules and member‑school practices restrained competition in violation of the Sherman Act by effectively fixing their compensation at zero, The coaches, through their representation, showed the court that the NCAA, by forcing programs to hire ‘unpaid’ assistants, tested these principles, while also creating hardships for aspiring young coaches looking to break into the coaching industry.

In response to mounting pressure and litigation, the NCAA rescinded the volunteer‑coach classification policy in 2023 with the effective date being July of that year. The settlement class covers volunteer coaches who held these positions between November 29, 2018 and July 1, 2023. This class is estimated at approximately 1,000 members and distribution among class members is based on a formula taking into account years of service and institutional affiliation. Judge William Shubb (E.D. Cal.) had given preliminary approval of the settlement earlier in the year and later held a fairness hearing to evaluate whether final approval was warranted.

Accordingly, the court recently granted approval to the settlement. Under the agreement, the NCAA will pay approximately $49.25 million in aggregate. Of the total $49.25 million, about $32 million to $33 million is allocated to class member payments. The remainder covers attorneys’ fees, costs for the claims administrator, economists, and a modest contingency fund. Some commentary indicates that each coach may receive an average of around $36,000, though in practice payments will vary (some coaches at larger institutions or with longer tenures may receive higher awards). The plaintiffs’ counsel reportedly invested over 7,400 hours in the case and intend to seek fees of around $16.4 million (i.e. ~33.3% of the fund).

Judge Shubb, in granting approval, recognized both the strengths and uncertainties of the NCAA’s defense and noted that the settlement captures over 90% of the claimed damages—a favorable recovery in an antitrust class setting. From the NCAA’s vantage point, settling obviates the risk of a full trial loss (with potential treble damage exposure under Section 4 of the Clayton Act) and avoids further reputational and financial exposure. The NCAA continues to deny liability, asserting that the volunteer‑coach bylaw did not violate antitrust law and instead created opportunities for coaches.

While the outcome of this case is obviously good news in and of itself for coaches and college baseball as a whole, the fact that more coaches now have the opportunity to pursue their “dream job” of coaching the sport at the Division I level is significant. In the past, the scarcity of paid positions likely swayed qualified rising coaches away from the profession. With the advent third paid assistant as well as other support staff positions being more prevalent across the country, coaches who may have pursued other careers may be more likely to stay in college baseball.

It’s no secret that the changing landscape of college athletics has led many prominent coaches to retire earlier than some may have expected. We’ve recently seen Hall of Fame caliber coaches like Nick Saban, Mike Jay Wright, Mike Krzyzewski, Roy Williams, Tony Bennett, and Bruce Pearl step away from their respective jobs. It would be naïve to believe the heightened demands of NIL, the transfer portal, and roster retention played no role in those retirements. Therefore, removing another “barrier” like the lack of compensation for up-and-coming coaches is a necessary step to ensure we continue to see the most qualified individuals running programs across all of college sports.

Brendan Bell is a 3L at SMU Dedman School of Law and  can be found on X @_bbell5