Executive Branch Updates: A New Executive Order on “Saving College Sports”

Jason Montgomery leverages over 20 years of legal and athletics regulatory experience that includes a distinctive combination of experience at the National Collegiate Athletics Association (NCAA), in the athletics department at a Division I Power 5 school, and in private practice to assist clients in navigating NCAA rules and resolving complex legal and regulatory issues that affect college athletics programs and athletes. In addition to his private practice, Jason has served in multiple regulatory positions at the NCAA, including as an investigator and an academic and membership affairs staff member responsible for NCAA waivers and rules interpretations. His background at the NCAA National Office and thereafter as a compliance administrator at North Carolina State University allows him to analyze NCAA rules and other athletics legal and regulatory issues from multiple perspectives, guide clients through NCAA and other regulatory processes efficiently, and engage in proactive planning related to legal and regulatory issues affecting college athletics programs. When sensitive challenges and disputes do arise, Jason works closely with clients for the best possible outcomes. Jason has represented and counseled clients regarding: 

• House settlement 
• Name, Image, and Likeness (NIL) and NIL collectives
• Athlete eligibility 
• NCAA enforcement investigations and alleged infractions 
• Independent investigations of coaches’ conduct and student-athlete safety and well-being issues 
• Title IX gender equity in athletics 
• Contracts (NIL, coaches, athletics departments) 
• Olympic and Paralympic athlete issues 
• NCAA policy on campus sexual violence 
• NCAA Division I amateurism reviews 
• NCAA waivers 
• NCAA compliance reviews 
• NCAA infractions appeals 
• Athletics conferences bylaws, policies, and procedures 
• Athletics department policies and procedures evaluation 
• NCAA, NAIA, and amateur sports organizations’ rules interpretations 
• NCAA independent accountability resolution process 

Jason supports Team USA Olympic and Paralympic athletes through the Athlete Commercial Agreements Resource Program. The program provides any Team USA athlete, who does not have an agent already, the ability to consult with an agent or attorney regarding their rights, obligations, and opportunities in the marketplace, as well as to seek guidance on the commercial terms and impact of any contract or agreement.   

Based on his time working on campus at North Carolina State University, Jason understands the real-world challenges clients face. Jason aims to act as a true teammate in creating strategies that streamline compliance benchmarks and resolve disputes in the most effective manner possible while never forgetting the most important goal: athletes’ academic and athletic success. 

Kasey Havekost is a higher education attorney with specific experience in legal and compliance issues related to collegiate athletics. As the chair of the Athletic Compliance within the firm’s Education practice group, Kasey advises higher education and K-12 clients on athletic compliance and legal issues including Title IX athletic compliance (including comprehensive reviews and plans), student-athlete conduct, student-athlete eligibility and name, image, and likeness.

As a trained Title IX investigator and decision-maker, Kasey assists colleges and universities in drafting and reviewing institutional policies to comply with federal regulations. In addition, Kasey provides guidance on various legal issues on campus, including financial exigency, accreditation, hazing, FERPA, the Clery Act and animals on campus.

Kasey’s prior experience includes working at the Mid-American Conference (MAC) and in the LSU athletic compliance department, where she assisted with NCAA compliance matters involving amateurism, recruiting, eligibility, and playing and practice seasons. Additionally, she has crafted conference-sponsored legislative proposals.

During the COVID pandemic, Kasey provided guidance on various legal issues associated with COVID-19, including communication plans, re-opening campus plans, acknowledgment and liability waivers, international students, and remote learning options.

Kasey is a former legal extern with the United States District Court, Middle District of Louisiana, where she analyzed multiple case files, prepared memoranda, researched case and statutory law, observed trial proceedings, and revised citations on judicial opinions.