Link: NCAA Proposes Penalties in Attempt to Prevent Student Athletes From Transferring Outside the Portal Window.

[CB4]

The NCAA has put forth a proposal to penalize member institutions significantly if they accept a student athlete that unenrolls at one school then enrolls at another and is added to their roster. This is an attempt to prevent what may predict will be post spring practice “unenrolling” by some to seek better roster positions/NIL deals for the upcoming season.

My questions though are “How quickly will this get challenged in the courts and does the NCAA have the ability to actually enforce it?”

NCAA proposes penalties for football programs circumventing transfer portal process

The NCAA laid down harsh penalty proposals on Wednesday for programs who try to get around the portal process in one way or another.

www.saturdaydownsouth.com

 

[NoNC4Tubs]

The NCAA has put forth a proposal to penalize member institutions significantly if they accept a student athlete that unenrolls at one school then enrolls at another and is added to their roster. This is an attempt to prevent what may predict will be post spring practice “unenrolling” by some to seek better roster positions/NIL deals for the upcoming season.

My questions though are “How quickly will this get challenged in the courts and does the NCAA have the ability to actually enforce it?”

NCAA proposes penalties for football programs circumventing transfer portal process

The NCAA laid down harsh penalty proposals on Wednesday for programs who try to get around the portal process in one way or another.

www.saturdaydownsouth.com

Yeah, I honestly don't see that one holding up in a court of law...

 

[DzynKingRTR]

Yeah, I honestly don't see that one holding up in a court of law...

Well the could get Bediako's judge and it would hold up.

 

[Bamabuzzard]

If the courts keep ruling against everything the NCAA does, then it doesn't matter if it is the NCAA or a newly established governing body. Teams and players can basically do what they want. What difference does it make whether it is the NCAA or a newly established governing body, if all the players/schools have to do is sue and ultimately always win?

 

[NoNC4Tubs]

Well the could get Bediako's judge and it would hold up.

A case of Blind Justice?

 

[CB4]

If the courts keep ruling against everything the NCAA does, then it doesn't matter if it is the NCAA or a newly established governing body. Teams and players can basically do what they want. What difference does it make whether it is the NCAA or a newly established governing body, if all the players/schools have to do is sue and ultimately always win?

This is an attempt to make the tail wag the dog by the NCAA. They know they can’t control the players. They hope to restrict the player options by penalizing the schools. They know if do anything to restrict the players will be seen as restraint of competition/opportunity in terms of NIL.

Short of an anti-trust exemption, the NCAA or any governing body will be handcuffed.

 

[Bamabuzzard]

This is an attempt to make the tail wag the dog by the NCAA. They know they can’t control the players. They hope to restrict the player options by penalizing the schools. They know if do anything to restrict the players will be seen as restraint of competition/opportunity in terms of NIL.

Short of an anti-trust exemption, the NCAA or any governing body will be handcuffed.

This is the conclusion I've come to as well. There's literally hardly anything that can be done to restrict what player and school can do.

 

[4Q Basket Case]

This is an attempt to make the tail wag the dog by the NCAA. They know they can’t control the players. They hope to restrict the player options by penalizing the schools. They know if do anything to restrict the players will be seen as restraint of competition/opportunity in terms of NIL.

Short of an anti-trust exemption, the NCAA or any governing body will be handcuffed.

This is the conclusion I've come to as well. There's literally hardly anything that can be done to restrict what player and school can do.

I like the proposed rule. I agree with you guys that it probably can't be enforced.

 

[bamaslammer]

The courts will always rule against the NCAA, they have a curse on them for obvious reasons. The only way to save college football is for the schools to act in unison and simply threaten to stop football until such time as everyone agrees to a governing process. The courts can't "make" them field a football team. it has always been their choice. I believe with facing the end of the money train the players will agree to submit to a managed situation. That will work until the players form a union. Then college football will bankrupt and the NFL will just start a farm league and pull from high school. At this point I really don't care.

 

[rolltide_21]

The courts will always rule against the NCAA, they have a curse on them for obvious reasons. The only way to save college football is for the schools to act in unison and simply threaten to stop football until such time as everyone agrees to a governing process. The courts can't "make" them field a football team. it has always been their choice. I believe with facing the end of the money train the players will agree to submit to a managed situation. That will work until the players form a union. Then college football will bankrupt and the NFL will just start a farm league and pull from high school. At this point I really don't care.

It’s not just college football. It’s all major college sports. College basketball is worse. Just doesn’t get reported as much.

 

[Krymsonman]

If the courts keep ruling against everything the NCAA does, then it doesn't matter if it is the NCAA or a newly established governing body. Teams and players can basically do what they want. What difference does it make whether it is the NCAA or a newly established governing body, if all the players/schools have to do is sue and ultimately always win?

It's a good idea if they can make it stick. They punish the school for accepting the player, instead of the player himself. We know if they punish the player, he will automatically run to a lawyer. But if they say to the schools, sure you can take him, but if he plays, here's your penalties. I doubt they can, but I hope they could make it stick. There has to be some kind of rules!

 

[alabama mike1]

The NCAA cannot enforce the rules it has now. I do not see this one happening but I do agree something needs to be done. Congress should come up with something but they cannot even agree to keep the government open.

 

[gman4tide]

The NCAA cannot enforce the rules it has now. I do not see this one happening but I do agree something needs to be done. Congress should come up with something but they cannot even agree to keep the government open.

Congress cant even congress...they need to stay the heck out of sports governing!

 

[mdb-tpet]

Or they can just cut the number of years a player gets to play football from 5 9 down to 8 or so.

 

[BamaInCummingGA]

My whole problem with this is that it's been going on all this time and cry baby Dabo whines and all of a sudden we gotta do something,,,,,,,They should have done something from the jump instead of kicking the can down the road.

 

[CrimsonTheory]

Just kill the sport already.

 

[Windsortide]

We need guard rails but past practice says when you get an outcome you don’t like just sue the NCAA. SMH

 

[M2J]

It’s not just college football. It’s all major college sports. College basketball is worse. Just doesn’t get reported as much.

Agreed. Basketball will be harder, but ultimately CFB is the money maker for these conferences.

This truly shouldn't be that hard. I understand that the commissioners of each conference has 15 16 Presidents they have to answer to. But all of these organizations have to be tired of this and it's just a few organizations such as Texas and Miami etc. Really loving this spending spree.... And much like they are in the professional leagues The big money organizations are outnumbered by the smaller ones that vote against them and create things like revenue sharing and caps. Etc.



But ultimately it will just take the SEC and Big 10 plus 1 of the other p4 conferences to agree to get together and create legitimate rules and threaten to hold out. These collegiate players aren't in it for the long haul and negotiating with them should actually be unfairly easy... ultimately they just want to be treated fairly make a quick buck before they potentially make it to a league and most of the players will never see a league.

I mean I believe that ever since the reconstruction of these conferences the conferences are truly running everything anyway and the NCAA is just trying to enforce what they install, so what the conferences want is already in place...I think they're just trying to circumvent the negotiation process.


Ask for this plan, as long as the conferences support..I think it should be pretty good as they're not intentionally punishing the players but rather the organizations within their governing body.

 

[DrollTide]

Anything not illegal is mandatory.

 

[4Q Basket Case]

Agreed. Basketball will be harder, but ultimately CFB is the money maker for these conferences.

This truly shouldn't be that hard. I understand that the commissioners of each conference has 15 16 Presidents they have to answer to. But all of these organizations have to be tired of this and it's just a few organizations such as Texas and Miami etc. Really loving this spending spree.... And much like they are in the professional leagues The big money organizations are outnumbered by the smaller ones that vote against them and create things like revenue sharing and caps. Etc.



But ultimately it will just take the SEC and Big 10 plus 1 of the other p4 conferences to agree to get together and create legitimate rules and threaten to hold out. These collegiate players aren't in it for the long haul and negotiating with them should actually be unfairly easy... ultimately they just want to be treated fairly make a quick buck before they potentially make it to a league and most of the players will never see a league.

I mean I believe that ever since the reconstruction of these conferences the conferences are truly running everything anyway and the NCAA is just trying to enforce what they install, so what the conferences want is already in place...I think they're just trying to circumvent the negotiation process.


Ask for this plan, as long as the conferences support..I think it should be pretty good as they're not intentionally punishing the players but rather the organizations within their governing body.

What schools, their presidents, or conference commissioners think is right is irrelevant…..Even if they’re unanimous, and no matter how sensible their positions.

What will stand up in court, and be equally enforceable in all 50 states, by an institution that can make punishment for conduct inconsistent with the rules stick, is the only relevant question.

Currently, there is no rule or enforcement authority that qualifies.

That would take federal action. And so far, no federal body with requisite authority has shown any interest in acting.

Unless and until that changes, we’re yelling at clouds.