News Article: Task Force To Big-Money Boosters: NIL Sanctions Could Be Coming

BamaMTA06

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I don't have a problem with the NIL or the transfer portal. Everyone around the sport became millionaires except the kids driving the sport. Schools should've figured out fair compensation to revenue producing sports when below average HCs and assistant coaches started making millions. NIL compensation should've been handled when jerseys and t-shirts with players numbers on them started flying off the shelves. I've never viewed modern college football and basketball as amateur sports.
 

Bamabuzzard

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The NCAA could/should have gotten in front of this with some guardrails. They refused to do so. NIL isn't the problem - NCAA stupidity is the problem.

Yep. The problem is making this type of change without having a structured plan in place. Now, as 'Audio has stated, putting the framework in place that restricts anything that has already taken place is going to be VERY, VERY hard to do, without lawsuits being filed.
 
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JDCrimson

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I think an initial 2 year commitment to a school before entering the transfer portal is a fair compromise between the school and the student in all sports.
 

Bamabuzzard

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I think an initial 2 year commitment to a school before entering the transfer portal is a fair compromise between the school and the student in all sports.
I think give the player an option, either give a two-year minimum commitment with the ability to transfer and play immediately, or transfer before two years and have to sit out a year plus lose a year of eligibility.
 

Guido

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Feb 24, 2017
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Horse is out of the barn……… too late to close the gate
The NCAA is toothless - but university admin are not.
Exactly, I'm so tired of some guys on this board, genie out of bottle, no the genie goes back when I say, I possess the bottle, horse is out of the barn, well go get the frigging horse and put him back in the barn. It can be done, if you have the will. That's the question. Do our presidents have a backbone? Probably not, but I'm not giving up hope. It's got to be done.
 

AlexanderFan

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All that assumes that university admins maintain a united front. Whether you’re talking about the Top 40 programs, the P5, the P2 (SEC and B1G), or 130 or so D1 teams, they currently have no economic incentive to do that.

I predict a breakaway of 40 or so schools, operating under an NFL model, with a players union negotiating with owners / University presidents.

4Q Basket Case over/under on timing: 2.5 years. Meanwhile, chaos
 

Evil Crimson Dragon

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Exactly, I'm so tired of some guys on this board, genie out of bottle, no the genie goes back when I say, I possess the bottle, horse is out of the barn, well go get the frigging horse and put him back in the barn. It can be done, if you have the will. That's the question. Do our presidents have a backbone? Probably not, but I'm not giving up hope. It's got to be done.
We shall see………. But the presidents are the key, and no one really knows how they will react toward this, whether in a unified front or every man for himself
 

crimsonaudio

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We shall see………. But the presidents are the key, and no one really knows how they will react toward this, whether in a unified front or every man for himself
The reason they've stuck with the NCAA for so long is they know they cannot do it alone.

@4Q Basket Case is likely correct - we will see movement (likely an NCAA break-away super-conference) before this is settled.

Whether or not that super-conference is playing the sport I will still want to watch remains to be seen. There's so much money in FBS now that it will be hard for universities to not be willing to essentially license their brand to semi-pro athletes who don't actually attend the school - and that's the eventuality of the path we're on now.
 

CrimsonTheory

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I think give the player an option, either give a two-year minimum commitment with the ability to transfer and play immediately, or transfer before two years and have to sit out a year plus lose a year of eligibility.
I was going to make a similar post. There has got to be consequences to signing an NIL deal. If a player who is on an NIL deal wants to transfer, then the sponsor who signed him to the NIL deal should have the option to "opt out" of that contract.
 
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Evil Crimson Dragon

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The reason they've stuck with the NCAA for so long is they know they cannot do it alone.

@4Q Basket Case is likely correct - we will see movement (likely an NCAA break-away super-conference) before this is settled.

Whether or not that super-conference is playing the sport I will still want to watch remains to be seen. There's so much money in FBS now that it will be hard for universities to not be willing to essentially license their brand to semi-pro athletes who don't actually attend the school - and that's the eventuality of the path we're on now.
Kinda think that is the possible trajectory they are headed on now……….. will definitely take some of the enjoyment out of being a fan for it to become NFL lite
 
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crimsonaudio

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Kinda think that is the possible trajectory they are headed on now……….. will definitely take some of the enjoyment out of being a fan for it to become NFL lite
Zero interest for me, I'll be done. The only connection I have to CFB was my time at Bama - if it's in 'name only' and they're not actually student-athletes, I'll just have a few more hours on Saturdays in the fall.
 

Bamabuzzard

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Exactly, I'm so tired of some guys on this board, genie out of bottle, no the genie goes back when I say, I possess the bottle, horse is out of the barn, well go get the frigging horse and put him back in the barn. It can be done, if you have the will. That's the question. Do our presidents have a backbone? Probably not, but I'm not giving up hope. It's got to be done.
There's a thread for working through feelings if you need it.

VVVV Click Below:
Pet_Peeve_Thread
 

STONECOLDSABAN

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Sep 21, 2007
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Exactly, I'm so tired of some guys on this board, genie out of bottle, no the genie goes back when I say, I possess the bottle, horse is out of the barn, well go get the frigging horse and put him back in the barn. It can be done, if you have the will. That's the question. Do our presidents have a backbone? Probably not, but I'm not giving up hope. It's got to be done.
“Whispering pass the graveyard”...I really hate that one.
 

4Q Basket Case

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Exactly, I'm so tired of some guys on this board, genie out of bottle, no the genie goes back when I say, I possess the bottle, horse is out of the barn, well go get the frigging horse and put him back in the barn. It can be done, if you have the will. That's the question. Do our presidents have a backbone? Probably not, but I'm not giving up hope. It's got to be done.
This is at heart a bunch of legal issues, most of which have been decided by SCOTUS:
-- Can people contract for purposes of earning money? Clearly, the answer is yes.
-- Is there a monetary cap on what they can earn on such contracts? No.
-- Is there any legally-imposed definition of "market value," or any stipulation that the contract has any reasonable expectation of being profitable for the party paying the recipient? No.
-- Does the fact that the person is a scholarshipped college athlete affect any of that? No.
-- Can the NCAA prohibit, or in any way control, those contracts? With the exception of prohibiting member institutions from contracting directly with the athlete, no.
-- Can a person go to college wherever he or she can gain admission? Yes.
-- Does the fact that the person is a scholarshipped athlete change that? No.
-- Does the NCAA or any other organization have any control over any of these circumstances? No.*

* Possible exception is, in the event of a transfer, requiring a waiting period before being eligible to participate in competition, though even that isn't clear. For now, the NCAA has abdicated control, and there is no waiting period. Whether they could re-assume control and make it stick in court is an open question, but my money would be on, "No."

The only thing I'm aware of that would trump all those court decisions is a Labor / Management contract, very much parallel to what the NFLPA has with the NFL owners. The college players would be members of the union, the college presidents would act as owners, and they would negotiate mutually-acceptable answers to all these questions.

Which is what I think is coming. Not because I think it's the best solution, but because I think it's the only way to impose legally-enforceable structure on a situation that is currently wholly unstructured. As @crimsonaudio has pointed out, the devil's in the details, and the specifics of such a solution would dictate how I feel about it.

Note: It's possible that federal legislation could impose some structure. But Congress has shown no interest in doing that, and anything they did pass would be tied up for years in court challenges. Which is why I think the union / management path is the more likely solution.

And it all comes back to the NCAA and presidents having their collective heads in the sand (or some other dark, damp and smelly place) and not addressing a situation that clearly would not stand up in court. So the courts did it for them, and imposed their own solution -- which is essentially every man for himself.
 
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Guido

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Feb 24, 2017
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This is at heart a bunch of legal issues, most of which have been decided by SCOTUS:
-- Can people contract for purposes of earning money? Clearly, the answer is yes.
-- Is there a monetary cap on what they can earn on such contracts? No.
-- Is there any legally-imposed definition of "market value," or any stipulation that the contract has any reasonable expectation of being profitable for the party paying the recipient? No.
-- Does the fact that the person is a scholarshipped college athlete affect any of that? No.
-- Can the NCAA prohibit, or in any way control, those contracts? With the exception of prohibiting member institutions from contracting directly with the athlete, no.
-- Can a person go to college wherever he or she can gain admission? Yes.
-- Does the fact that the person is a scholarshipped athlete change that? No.
-- Does the NCAA or any other organization have any control over any of these circumstances? No.*

* Possible exception is, in the event of a transfer, requiring a waiting period before being eligible to participate in competition, though even that isn't clear. For now, the NCAA has abdicated control, and there is no waiting period. Whether they could re-assume control and make it stick in court is an open question, but my money would be on, "No."

The only thing I'm aware of that would trump all those court decisions is a Labor / Management contract, very much parallel to what the NFLPA has with the NFL owners. The college players would be members of the union, the college presidents would act as owners, and they would negotiate mutually-acceptable answers to all these questions.

Which is what I think is coming. Not because I think it's the best solution, but because I think it's the only way to impose legally-enforceable structure on a situation that is currently wholly unstructured. As @crimsonaudio has pointed out, the devil's in the details, and the specifics of such a solution would dictate how I feel about it.

Note: It's possible that federal legislation could impose some structure. But Congress has shown no interest in doing that, and anything they did pass would be tied up for years in court challenges. Which is why I think the union / management path is the more likely solution.

And it all comes back to the NCAA and presidents having their collective heads in the sand (or some other dark, damp and smelly place) and not addressing a situation that clearly would not stand up in court. So the courts did it for them, and imposed their own solution -- which is essentially every man for himself.
what happens when the top schools bolt from the NCAA and start their own deal, which i believe will happen. Do the questions you asked and answered, very well btw, still apply to a private entity? Let's call it the NCFL, the national college football league. Thought i would give it a name. Also if the players are unionized, would you be forced to join the union in order to play? How would that work in right to work states?
 

4Q Basket Case

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what happens when the top schools bolt from the NCAA and start their own deal, which i believe will happen. Do the questions you asked and answered, very well btw, still apply to a private entity? Let's call it the NCFL, the national college football league. Thought i would give it a name. Also if the players are unionized, would you be forced to join the union in order to play? How would that work in right to work states?
I don't know why the courts would treat a new private entity any differently from the NCAA (which to my knowledge is also a private entity).

Good question on the right to work states. I don't know for sure, but am guessing the answer is yes. Mainly because you have to be a member of the NFLPA to play in the NFL, and I'd be surprised if none of the 32 NFL teams were in RTW states.

While I've slept with one for over 30 years, I'm not a lawyer myself. Any Legal Eagles on the board have a more informed answer?
 
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