SIAP, NCAA Division 1 Council on NIL transparency and punishment for individual violators.
Not a ton of content out yet, but looks like deals worth more than $600 can voluntarily be disclosed to the schools. Also talks about standardized NIL Contracts as well as training for prospective NIL candidates in High School and College.
I don't know that this really will do anything, especially since it's voluntary. Obviously there's not a lot of details, but if a player makes more than $600 and reports it to the school, does the school have to report it and then does the NCAA make that public or does it just go into a black hole that then requires FOIA requests to see what players are getting. And who will voluntarily report this. The entire thing seems like they have no idea what they are doing and are just doing something to say they tried.
The second thing they outlined were further guidelines on individual violators. For coaches, suspensions won't be in game days, but in days. Meaning Harbaughs 3 game suspension would include coaching between games. Also mentioned penalties for schools who hire individuals with a show cause. I have a feeling that'll end up in court if it does happen. Though i don't know what the blur is between licensed individuals like doctors/nurses/lawyers and coaches who aren't overseen by any type of advisory board who sets standards for dismissals.
October 4th, 2023 at 10:27 AM ^
Thanks for posting.
(From the article.) "A patchwork of state laws has dictated how athletes can cash in on NIL. Inconsistencies and a lack of transparency has made it almost impossible for the NCAA to enforce rules prohibiting NIL being used as an improper recruiting inducement or pay for play."
With states like Texas - and laws which have been passed - providing a great deal of latitude - I fail to see what the NCAA can do, especially when the reporting is voluntary. There's also the role of the institution / university and whether their athletic budget can provide NIL monies directly to student athletes. This is something which Texas law may, in fact, allow.
This is not going to get any clearer. I'm wondering how long it will be before we read more stories about - player representatives / agents who negotiate NIL deals where the player "gets little" and the "representative / agent gets a lot". Then, of course, there's the whole tax situation - and, what will happen to players who don't pay the accurate amount on their state / federal taxes.
I'm all for players receiving compensation in the manner NIL was intended. However, as most of us know - it's a Wild, Wild West - completely unmonitored or managed - "Pay for Play" is rampant. It wouldn't surprise me if the parking lot adjacent to Texas' practice facility looks like an exotic car dealership. The Bama football parking lot has looked like a Detroit "Power 60's" Car Show for a decade or more - with the equivalent of Chargers, Challengers, etc.
The only difference I can tell - at this time - between the current NIL enforcement and the glory days of brown bagging is: taxes. FWIW, I'm pretty sure many institutions who are practiced in the art of brown bagging still do it - for a couple of reasons. One - old habits are hard to break - and, second, I'm sure that those to whom they contribute (via a brown bag program) still appreciate the "not taxable" contributions those boosters make.
October 4th, 2023 at 10:51 AM ^
Interested in what the MoGoLaywers have to say about regarding NIL, State Laws, and the NCAA. The NCAA is an organization made up of institutions that voluntarily join, and when joining agree to abide by the rules of the organizations. How can a state law supercede the rules of the NCAA?
October 4th, 2023 at 11:06 AM ^
Laws supersede a private or public organization's rules. However, the organization has the right to kick-out any member who doesn't follow their rules. We all know the NCAA will not kick-out a voluntary member unless it is some small DIII or DII school.
October 4th, 2023 at 10:53 AM ^
Texas has a SERIOUS NIL money train.
Best in the business.
From this morning, frex:
https://twitter.com/jasonitkinlaw/status/1706330363260191018?t=FFcN8Q-nHLPSlmIGCxdSIg&s=19
October 4th, 2023 at 11:11 AM ^
And, I'm pretty sure that Jason Itkin (the attorney you reference) works with the Texas players NIL deals on a pro-bono basis.
In the not too distant future, if not already - how many cents of every dollar we spend on gasoline for our vehicles will be routed to Texas' NIL fund. It wouldn't surprise me if the Texas legislature passed an "NIL tax" for fuel purchased in the state - and, they used it to fund all of the universities / colleges in the state.
The capacity of the largest high school football stadium in Texas is 19,400. Here's a link to an article that lists the Top Ten - largest and most expensive stadiums in that state. https://kixs.com/most-expensive-and-biggest-high-school-stadiums-in-texas-june/
As a point of reference, the largest MAC Conference stadium is at CMU with a capacity of 30,255.
October 4th, 2023 at 3:20 PM ^
We've got multiple starting football players making six figures, and JJ reportedly is making seven. Are Texas kids getting even more than that?
October 4th, 2023 at 4:32 PM ^
I hear a certain football player (wide deceiver) at a well-known high school may be in line for $1,000,000 in brown bagged cash. This information comes from a very trusted source.
October 4th, 2023 at 10:27 AM ^
trying to stuff the cat (tiger? lion? liger?) back in the bag to maintain the optics of some semblance of control ……
fuck the NCAA …..
and an OSU as well
October 4th, 2023 at 1:31 PM ^
I mean, in this particular instance, it's like trying to put a leopard in a Ziploc freezer bag, so the NCAA will end up with its face effectively clawed off again and the bag will be destroyed, but point taken.
October 4th, 2023 at 10:49 AM ^
This looks like more of the traditional NCAA how do we control vs. how do we support.
If the NCAA was serious about this, they could easily set up a system which would do both:
- Have a very easy registration process for companies who want to pay NIL to athletes which requires the businesses to report contracts and payments. If an athlete wants to cut a deal with a business which is not registered, they take on the liability and risk because it is their choice to do so.
- Set up something similar to the Consumer Protection Bureau. Provide, free of charge, a team of lawyers who would help athletes get their money when a donor/local business doesn't follow through. This same team could also review contracts prior to signing.
This is a win win.
- Athletes are better protected and have a clear public list who the good companies to work with are without having to just trust the coaches and donors who are currently directing them who to talk to
- The NCAA has better insight into what it going on
- If a business is in violation they can be removed from the approved list and then they have to operate in the unregulated sector
- The businesses are better protected because the athletes have a third party org who can confirm what their obligations are/are not
October 4th, 2023 at 10:50 AM ^
I just realized something - does the Texas law allow for institutions to establish an NIL program themselves? IMO, this would mean that an Athletic Department or University - could fund an NIL program for student athletes without requiring a "third party" collective to do so.
IF what I've stated is accurate - then, certain things are brought into focus. One specific item is - The Longhorn Network (TLN). My assumption is - there is one (1) school that receives revenue from the TLN - and that is Texas. If Texas can take TLN revenue and just funnel it into an NIL program - well, that will help clarify a few things - one of which is - the plethora of exotic cars in their football parking lot.
October 4th, 2023 at 11:10 AM ^
I believe ESPN owned The Longhorn Network and part of Texas joining the SEC was the Longhorn network getting rolled into the SEC network which is also owned by ESPN. In essence, the Longhorn Network no long officially exists, although there may still be an ESPN channel where Texas fans can get all Texas content 24/7.
October 4th, 2023 at 11:34 AM ^
True Blue - thanks. I took a look at TLN and there is mention that it may be phased out as part of Texas' joining the SEC next season. "May" is the key word. And, just like the NBC deal with Notre Dame means all of those dollars go directly to ND - the same is true of TLN - all those dollars go to Texas.
I would assume - and I realize assume is a dangerous word - that the SEC told Texas - "if you're joining the SEC, you're leaving TLN behind" - but, I haven't seen it written anywhere.
October 4th, 2023 at 3:23 PM ^
I just realized something - does the Texas law allow for institutions to establish an NIL program themselves? IMO, this would mean that an Athletic Department or University - could fund an NIL program for student athletes without requiring a "third party" collective to do so.
What would be the point of this? Not only would it run afoul of NCAA rules (which still prohibit schools from paying players directly), but it would be expensive for the schools. It's a lot cheaper for them to outsource it.
October 4th, 2023 at 10:52 AM ^
I'm sorry, but when I see the words "NCAA" or "transparency" or "violations" all in one title, I can feel the eyes in my head start to roll backwards to the point that they will explode.
Crock. of. Shit.
October 4th, 2023 at 11:59 AM ^
voluntary registry for NIL service providers, such as agents and financial advisors
For what purpose? Just to make auditing easier?
requirements for disclosure of NIL deals worth more than $600 by athletes to their schools
Mmm, okay. Again, help with proving your innocence if you're investigated I guess.
development of a standardized NIL contract
Probably not a bad idea.
and education programs for both high school prospects and college athletes
Sure.
Inconsistencies and a lack of transparency has made it almost impossible for the NCAA to enforce rules prohibiting NIL being used as an improper recruiting inducement or pay for play.
I don't see how their new rule proposals help this at all. Is the NCAA going to start investigating any and all business deals to determine that there's no presumed quid pro quo on what school you go to? This puts us back to square 1. What's the point.
October 4th, 2023 at 12:21 PM ^
Side note, semi related, but didn't think it warranted its own thread...and sorry to thread jack...
But Bruce Feldman reported a while ago that he spoke to urban meyer earlier and there's no truth to the reports of him being interested in the msu job.
So...no NIL troubles for him. Yet.
October 4th, 2023 at 2:30 PM ^
Meyer is not stupid. He can look at what's going on in East Lansing - the status and near term potential for the program - and realizes what it's going to take to turn it around. This isn't a "one or two" year thing.
October 4th, 2023 at 2:40 PM ^
The Urban to MSU thing even having legs is ridiculous. It's pretty common for schools to consult people on who they should hire. Urban was a good coach, with a coaching tree, with even more insight and contacts from being in broadcast coverage of college football. Urban's ethics match MSU's, why wouldn't they bring him in to get a recommendation on who to hire? Just because he walked in the building didn't mean he was interviewing.