Should Husker athletes’ paychecks be public? It depends who you ask

Should the money universities are paying to athletes be public record?

Public universities are keeping that information close to the vest, but media law experts say they believe the information should be disclosed, under public records law.

Since a multi-billion-dollar settlement was approved in June, schools can pay their athletes directly, up to a combined $20.5 million for the 2025-26 school year/college sports season.

Nebraska Public Media News requested the so-called “House settlement” information from the University of Nebraska-Lincoln athletic department, leading up to the Jan. 2 transfer portal opening date. The department declined to provide it.

“The University declines to provide records responsive to this portion of your request as they are not subject to disclosure under the Nebraska Public Records Act,” director of University records and associate general counsel Molly McCleery told Nebraska Public Media News in an email.

The university cited state of Nebraska public records exemptions for personal information regarding students and trade secrets, as reasons House settlement payments aren’t subject to public record. They also cited the Federal Educational Rights and Privacy Act (FERPA), which protects student educational records.

Other media outlets have run into similar roadblocks.

In July, CBS Sports filed dozens of Freedom of Information requests for House settlement payment information. In every case, its reporters were either turned away or didn’t receive a response.

And last month, a Sportico reporter appealed his denial of Nebraska Athletics player payment records. He sent the question to Attorney General Mike Hilgers, who ruled in favor of the university.

In a letter analyzing the two sides, Hilgers reflected on the university’s argument, which stated that “[p]ayment to student-athletes pursuant to settlement terms in House is not compensation; it is payment to student-athletes for a license to use their NIL,” the letter said.

The letter argued athlete payment data is a trade secret, adding that, “with this information, rival institutions could adjust their own spending decisions.”

Additionally, Hilgers quoted the university’s argument that “[d]espite having entered a new era of college athletics, student-athletes are not employees.”

In his conclusion, Hilgers wrote, “the University has met its burden in showing its method for allocating the $20.5 million cap constitutes a trade secret.”

Hilger’s office said it wouldn’t comment beyond the letter of disposition issued in response to Sportico’s appeal.

For the university, trade secret protection usually applies to a new product or process a faculty member develops, according to Professor Emeritus of Journalism John Bender.

Though he doesn’t specialize in that area, “it's hard to see how somebody's salary is a trade secret,” Bender said.

Bender, who taught mass media law at the University of Nebraska-Lincoln for 32 years, said it sounds like an employment situation between athletes and the athletic department.

“It seems to me that the payment records are analogous to the records of payments to other employees at the university,” Bender said.

There are “transparency concerns” to withholding college player payment data, according to Max Kautsch, a media attorney in Nebraska and Kansas.

Since Name, Image and Likeness (NIL) was authorized by the NCAA in 2021, Kautsch said, “students playing sports are more akin to university employees than members of the student body,” he wrote in an email to Nebraska Public Media News. “As FERPA does not apply to compensation for public university employees, records related to these athletes' earnings should be open to the public.”

Bender agreed FERPA shouldn’t apply.

“Student employment records are not necessarily confidential under the Federal Educational Rights and Privacy Act,” Bender said.

From state to state, laws could vary on employment records, Bender said.

“Here in Nebraska, a lot of information about public employees is confidential,” Bender said, “but the state open records law says explicitly that salary information is supposed to be public record.”

According to the UNL payroll, the budget allocation for student workers is listed by department, but their names aren’t disclosed. For example, the Nebraska football program lists a $450,000 total student worker budget for 2025-26, which likely doesn’t include players. In August, athletic director Troy Dannen said his department would use the entire $20.5 million House settlement allocation this year.

In past issues of public record, the Nebraska athletic department has noted that it doesn’t receive state tax dollars and is exempt from certain disclosures.

But donations and other private revenue become public record when they pass through a state bank account, Bender said.

“Everything that the athletic department spends has to be approved by the Board of Regents, which is a public body,” he said. “So, the money for the upgrade of Memorial Stadium may come from private donations, not from state tax money. Nevertheless, how that money gets spent is going to be up to the Board of Regents.”

Overall, he said he understands why the athletic department is hesitant.

“If all the student athletes’ payments are public record, then it's going to be harder, perhaps, for them to negotiate, but that's the way it is,” Bender said.

One argument for stronger regulations on athlete payments includes protecting student athletes from harassment.

The NCAA recently launched an ad campaign with startling statistics. More than 30% of athletes polled in a 2024 survey said they received abusive messages from someone who lost a bet.

“I think it's a concern, but I don't think it's by itself a reason for withholding salary information,” Bender said, adding that online abuse is already an issue.

The only way to resolve this debate is in the courts, he said. And if courts rule player compensation is public record, there will be a strong counterpush for legislation limiting access.

“If it goes in the direction of disclosure, you're going to start to see a lot of lobbying of legislatures to exempt that from disclosure,” Bender said.

Whether student athletes are employees is going to be the next big legal question. If the courts rule college athletes are employees, those salaries would become public “absent some other provision.”

It’s going to be interesting moving forward, given the cuts to the University of Nebraska academically, Bender said.

“When you have all this money that's going to student athletes being shielded from public examination, and at the same time, you're cutting back on your academic programs, that's not a very good look,” Bender said. “I think it's going to be hard for them to justify that.”

Husker Athletics said it wouldn’t comment further in regards to claims the records should be made public.

Editor’s note: Members of the Nebraska Public Media newsroom are UNL employees, and our salaries, like those of all University of Nebraska employees, are public record.