i can think of one guy who would have made some money in college [Bryan Fuller]

It's Bad Amateurism Argument Time! Comment Count

Brian October 1st, 2019 at 2:51 PM

Nancy Skinner's NIL bill was signed into law by the governor of California—it turns out the delay was so he could sign it on LeBron's TV show, which is how all legislation should be approved. And now come the parade of incredibly dumb arguments. Darren Rovell won a fevered sprint to the summit of Mount Take:

What the what? Rovell thinks:

  1. the guys in charge of the billion-dollar industry are going to throw their hands up and walk away because Jimmy Football can make some money endorsing colored pencils
  2. there will be more cheating when boosters can give players money over the table, and
  3. because Jimmy Football can make some money on colored pencils he doesn't have to get a degree.

None of that is going to happen.

[After THE JUMP: more bad arguments!]

The NCAA is already preparing to wave the white flag and continue on, as Rodger Sherman notes at the Ringer:

…the NCAA’s response to Newsom’s signing the bill was … discernibly more measured [than previous doom and gloom proclamations]. The association released a statement that said the new law had caused “confusion”—exactly what type of confusion is left unspecified—and expressed concern that “a patchwork of different laws” across multiple states could potentially make its goal “unattainable.” The statement also said that “improvement needs to happen on a national level” and suggested that the organization could reconsider its own NIL rules to come up with versions that are “realistic in modern society.” In a little less than a month, the NCAA’s stance on the bill has morphed from claiming imminent doom and gloom to conceding that a national law would make more sense than individual ones in all 50 states.

There will be a lawsuit the NCAA will lose, like it loses all its lawsuits. Once that formality is out of the way the NCAA will suck it up and try to set up a system where they're still in charge of the money, however they figure they can manage it. Class will still be required. Donors will split their money between the school—which still has the tickets and skyboxes—and the players/recruits.

In the meantime, many bad arguments will be offered. Most won't be as unhinged as Rovell, but they won't be much better. Here's why each of these arguments is bad.

"This will crush non-revenue sports"

For Power Five schools the results here, if any, will be a slowing of revenue increase already tens of millions of dollars ahead of the situation from a decade ago. Last year's Big Ten revenue distribution was 51 million dollars. A decade ago it was 19 million.

Non-revenue sports have increasingly been gold-plated as athletic departments find any way to spend the tons of cash that are coming in. From 2013 to 2018 non-revenue sport coaches saw their total compensation go up 43%. The worst case scenario for P5 non-revenue sports is that their coaches are slightly less rich and their equipment is not quite space-shuttle material.

Meanwhile, few teams outside of the P5 have significant donor bases that would be eroded by players getting money directly. EMU's football program brought in just under 200k in donations last year, about 2% of their 9 million dollar operating budget. And in cases like EMU donors are probably better off directly supporting the program instead of individual players. Non-revenue sports at places like EMU are only getting program donations and should not see meaningful changes.

"This won't be a level playing field"

This was addressed in a recent mailbag: the current environment is rapidly approaching the maximum possible recruit consolidation.

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The current system is already making the playing field as tilted as possible. If anything, giving players back their NIL rights has the potential to diversify the destination for top recruits as teams with a lot of resources who have previously been hesitant to flout NCAA rules also pay players.

"This will result in the professionalization of college sports"

College sports already has the worst aspect of professionalization: commercial-kickoff-commercial. Nobody cared when the Olympics dropped their amateurism requirements and nobody will care when colleges do. People are willing to put up with increasingly awful stadium experiences because of their teams. They're willing to watch horrible garbage football for years on end.

The fact that Jimmy Football has some money isn't going to change their behavior one bit. There are already reasons, in droves, to quit paying attention to college sports. And it doesn't matter. To believe that amateurism is the load-bearing wall in NCAA sports is absurd.

"These kids aren't worth anything"

No, really. Professional bad-take-haver Doug Gottlieb:

Then there's no problem. Give them their worthless rights back and quit complaining.

"This will lose in court"

There's a strange thread of court fatalism running through some comments. Dan Wolken:

It’s worth noting, however, that the NCAA’s recent success at beating back challengers in federal court may mean that SB 206 never survives. The NCAA may be forced into its own plan, which may prove better than the one politicians drew up.

Seth Davis:

The first is that the NCAA will surely challenge this legislation in court, where it will make the case that it’s unconstitutional because it restricts the rights of an organization the U.S. Supreme Court has already deemed as private (in the Jerry Tarkanian case) to make and enforce its own bylaws. Based on the NCAA’s track record, I like its chances to win that argument.

The NCAA's track record is dismal. Regents of OU: loss. Assistant coaches: loss. O'Bannon: loss. Alston: loss. It is true that the judge in the latter two cases proposed milquetoast remedies as she systematically obliterated the NCAA's arguments, but this isn't a situation where the court needs to impose a remedy. It merely has to let the law stand. And it seems like they will. The NCAA's bylaws are not laws; actual laws supercede bylaws. As Sherman put it:

…this organization has as much legal authority when it comes to rulemaking as a board game inventor. It’s illegal for an athlete to receive a huge payment from a booster in the same way it’s illegal for you to collect $1,000 in Monopoly money when passing go. Sure, the NCAA makes rules for how its member institutions should operate, and if you break those rules the NCAA could prevent your school from playing in a prestigious tournament or a bowl game. But it’s the government that actually makes and enacts laws.

"We can't cheat athletes out of their rights and that makes us sad" is not a legal strategy that will win.

"It's too complicated"

It's not complicated at all! We have an entire economy based around this that everyone else participates in! Is it too complicated for literally anyone else to go about their business and make some money?

The complicated thing is what's going on now, when there is an entire industry of people dedicated to monitoring and punishing normal economy activity:

Deleting huge chunks of the NCAA rulebook is not making things more complicated.

"But then they will have money"

OK, you've got me there. Then they will have money.

Comments

Hannibal.

October 2nd, 2019 at 9:15 AM ^

I would be OK with all of this, were it not for my expectation that the NCAA will make up a whole new set of retarded rules in a desperate attempt to maintain amateurism, instead of just admitting defeat. 

Letting players earn money off of their likeness, autographs, selling paraphernalia, etc will absolutely end amateurism -- or at least the illusion of it.  Instead of a guy getting $300,000 under the table to play somewhere, he will get $300,000 above the table by selling an autographed football.  My guess is that the NCAA will respond with all kinds of ridiculous rules that attempt to limit exploitation of this loophole.  There will be an entirely new set of behavior controls designed to limit the players to getting modest payments.  Most of them will be completely unenforceable and the NCAA will continue to look like a clown show.

TreyBurkeHeroMode

October 2nd, 2019 at 10:32 AM ^

I think the NIL change puts athletes at the same level as other scholarship students, and is long overdue.

The school itself provides the student with an education (offer not valid in Chapel Hill, NC) and cost-of-attendance assistance in return for their participation in the public exhibition the school puts on. If the student wants to make some money with their talents outside that public exhibition and outside the control of the school, now they'd be welcome to do so.

This is similar to how a scholarship music major wouldn't get paid for performing in a university performance, but could make money in a bar band, offering private lessons, monetizing a Youtube channel where they perform their own music, etc. (Or, I guess, a scholarship dance major getting paid to work evenings in a more exotic locale.)

What I'd really like to see is the NCAA developing something like the systems in pro sports where a designated cut of the revenues from selling jerseys, etc. go into a fund that gets shared among all the players, so that when a QB's jersey gets sold every player on the team gets a small piece of it. Apart from just being fair, that's also a system that would work well for Michigan given our fanbase, brand, Nike relationship, etc.

DonAZ

October 2nd, 2019 at 10:41 AM ^

Some thoughts:

  • There will be unanticipated and unintended consequences.  There always is.
  • Just because players can now earn from their Name/Image/Likeness, it does not mean that every player will be able to do so.  Some players will not have the popular market appeal, such as interior offensive linemen, defensive tackles, backup players, etc.
  • It takes more than a few popular star players to field a championship team; therefore, I predict either: (a) the under-the-table payoffs will continue, or (b) the NIL window will be opened wide and creative ways to get money to nearly everybody will be found; or (c) all of the above will happen.
  • Once the dust settles on the NIL rule, I predict there will be a push to open up payment mechanisms so more players can participate, including the lesser- and non-revenue sports.  Rarely do such things ever fully satisfy, and there's almost always a follow-on effort to further address remaining issues.

FWIW.

schizontastic

October 2nd, 2019 at 10:47 AM ^

Another possible positive--half of the recruits getting the big money ($100K+) will end up in the NFL (basedon 5 star yields). It seems far better for them to learn to deal with $100-300K in the structure of a college program with above-board finance management resources than underground through their uncle or in a million dollar lump sum at the NFL draft. 

I think we will be surprised at how many of the recruits spend it well or say that the experience benefited them come NFL signing bonus time. 

Although who knows.

seegoblu

October 2nd, 2019 at 11:58 AM ^

To be clear, this is NOT about schools paying players, this is about extra-curricular activities for which student-athletes can be paid.

This should have NO impact on a school's ability to support its student athletes as it currently does. It does not have any Title IX impact.

Aside from the obvious avenues to abuse the legislation by boosters (paying a star recruit $150k to be the spokesperson for Tuscaloosa Dodge), I don't see the downside of this legislation.

remdog

October 2nd, 2019 at 12:33 PM ^

Excellent commentary, Brian!

I love this bill.  Amateurism is a huge scam allowing powerful interests to exploit athletes.  The NCAA is a corrupt and immoral organization built to operate and defend this scam.

Blue Middle

October 2nd, 2019 at 12:36 PM ^

The NCAA is just trying to hold onto the current, obscenely profitable model as long as possible.  The NIL path is the most logical and likely the most fair route to compensating the players, but regulation will be needed to address:

  • Scholarship limits.  With uncapped NIL potential, scholarships won't matter as much.  Instead of an 85-player limit, each school should only be allowed to accept 25 football players in each scholarship class.  Since redshirts exist, this gives a potential pool of up to 125 players.  Early departures and medical attrition are a thing, but so are transfers and, for many schools, JUCOs.  
  • Financial Education and Management.  Having huge amounts of cash for the first time in most of their lives, education and coaching on how to manage finances are an essential piece of this development.  IMO, each player should work with a fiduciary advisor that can help them balance current and future needs and avoid some of the pitfalls we see with pro athletes (Michael Vick, John Daly, Mike Tyson, Boris Becker, Allen Iverson) who were never properly educated and received bad advice that drove them to bankruptcy and beyond.  Again, IMO, this would include setting up a trust for each player that limited how quickly they could spend the money and put some restrictions on spending to help the money last.  The NCAA should be overjoyed to help with this curriculum and give these players vital knowledge that most people--athletes or not--don't understand until they've made huge financial mistakes that cost them for years or even decades.
  • Fair pay for fair work.  Don't misunderstand me--if a shoe company wants to pay a kid $1 million for doing a 30 second commercial, that's fine.  I'm more concerned about the shoe company structuring a contract that is not in the player's best interest.  Again, the fiduciary advisor should be reviewing the contracts, and the player should be educated on basic business practices and how to market and use his brand.  The player should always have to do something to get paid.  Helping players learn business and how the world may try to exploit them is in everyone's best interest.  This also means no contracts could be dependent on a player's future performance, playing time, or even school affiliation.  You can pay a player for their NIL, but not to play their sport a certain way or achieve certain milestones or even play for your preferred school.  Obviously boosters will compensate athletes at their institutions, but none of the compensation should be tied to the school or sport itself--you're paying the player for their NIL, not to control them in any way other than the explicit business relationship.
  • Harsh penalties for abusers.  Both players and sponsors should be given stiff penalties for trying to abuse the system.  Players are taking cash payments and skirting the trust/fiduciary rules?  Say good-bye to your eligibility.  Sponsors are trying to control players and coaches?  Say hello to fines and/or jail time.  Track the money with traceable payment methods and make sure we're not turning sponsors into slave masters and players into kingpins.

This issue isn't easy or clean, but it's a clear opportunity for everyone to win if it's properly regulated and overseen.  I'm sure I'm missing some big pieces, but this is a good start to a win-win situation that won't destroy college sports, damage athletes' lives, or encourage sponsors to take advantage of players.

pescadero

October 2nd, 2019 at 1:03 PM ^

Potential Issues -

 

1) Recruits can't sign these contracts until 18 and enrolled. Bag men will still be big players in recruiting.

2) Recruits getting lots of money creates a loophole around scholarship limits.

3) Nationwide sponsors (Nike, Adidas, etc.) as opposed to locals will be interested in visibility - and may demand a player move to a more lucrative market, or lose their contract.

 

 

Old_TBone

October 3rd, 2019 at 8:05 AM ^

Amateurism was always a problem for me the way it was defined as the opposite of professionalism. "Pros play for the money, Amateurs play for the fun of it."
Bull Crap. It hasn't ever really been about money. 

"Amateur" gentlemen used to play for more money than the "professional" golfers of the lower class. I won $400 playing in my golf league this year. Does that make me a professional? Did I blow up my amateur status. Please... give me a break..

It's about damn time. Better, in my opinion, to have a rational view of the money involved and be all above board with who's getting paid. If the college football/basketball landscape has to change because of the huge sums of money involved with the top programs, so be it. 

Ask yourselves, who's talking against this? A few AD's, Commissioners, Highly paid coaches. Guys that should be more about the athletes than the status quo.

If you pine for the old days when it was just a bunch of guys playing for the fun of it, I'll look for your pictures of you having fun watching DIII Adrians, Kalamazoo Colleges of the world. It'll be cheaper for you, too. They have school colors/fight songs and cheerleaders. No TV when you can't go, but, hey, at least no one else is making money off of just a bunch of guys looking to knock it around a bit.

 

pescadero

October 3rd, 2019 at 1:02 PM ^

" I won $400 playing in my golf league this year. Does that make me a professional? "

 

In the eyes of many amateur leagues - yes.

 

I was a youth bowler (a long time ago).. and their rules say:

 

Youth bowlers may not bowl in any activity (substitute or pace included) which offers any of the following as prizes: 

  • Cash or bonds
  • Merchandise exceeding $500 in value