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Must congress get involved?

12375CAT

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Feb 15, 2012
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If the ncaa cannot (or will not) enforce NIL & other rules then should congress pass laws making significant violators of these rules have to serve jail time?
 
I think we agree and that your response was sarcasm.

I think conferences can do something but, more importantly, the NCAA needs to beef up enforcement of rukes against schools cheating or it won't matter a bit about NIL. This just levels the playing field for other schools who have been clean until now. The cheaters already have the bagmen and an off-campus payment system in place. The rest of the schools will catch up if they want to.
 
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More laws… ugh no thanks. Its going to be ugly for a year or two. Schools and NIL boosters will get snakebitten a few times and cautionary tales will be spread. Then the market will regulate itself. Don‘t forget that boosters will also get creative on the language of these deals in good time as well, I anticipate production and loyalty clauses at some point. They want to get paid like pro’s, ..well let them have the full experience. Less obscene deal…less such conditions.
 
I think we agree and that your response was sarcasm.

I think conferences can do something but, more importantly, the NCAA needs to beef up enforcement of rukes against schools cheating or it won't matter a bit about NIL. This just levels the playing field for other schools who have been clean until now. The cheaters already have the bagmen and an off-campus payment system in place. The rest of the schools will catch up if they want to.
The cat is kind of out of the bag at this point. The case that blew NIL open went to the Supreme Court and was decided by a 9-0 margin. Nothing in this country gets decided 9-0 anymore at the Supreme Court, so that tells you something. The court saw through the hypocrisy that coaches and administrators can all make a ton of money on college sports, but that the players can't.

With that said, there are unintended consequences whenever a market is suddenly disrupted. Do I think it's great that recruits/athletes can just be in an open bidding war on where to go to school? No. But not sure any legal remedy is going to make the situation better or stand up to a legal challenge.

I get what you are saying about beefing up enforcement of cheating. But as it exists today, NIL money from collectives directly to recruits/players is not cheating. The NIL collectives are set up outside the scope of the school, and it's already been decided by the court that players can make money off NIL. So what exactly is the NCAA going to enforce?

As others have said, in the long run it's going to mean less money going to non-revenue sports. The boosters are going to send their dollars into direct payment to players instead of to athletic department foundations that pay for things like new rowing facilities or new softball/baseball facilities or coaches salaries in non-revenue sports. NCAA could have got ahead of it over the last decade, but did not. Or at least attempted to get ahead of it.

My guess is the answer may come in collective bargaining of some sort. But the very best players will not want to do that as it will reduce their income.
 
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I see that the PAC-12 and the SEC (wha?) are going to lobby congress to regulate compensation in regard to NIL.

 
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The cat is kind of out of the bag at this point. The case that blew NIL open went to the Supreme Court and was decided by a 9-0 margin. Nothing in this country gets decided 9-0 anymore at the Supreme Court, so that tells you something. The court saw through the hypocrisy that coaches and administrators can all make a ton of money on college sports, but that the players can't.

With that said, there are unintended consequences whenever a market is suddenly disrupted. Do I think it's great that recruits/athletes can just be in an open bidding war on where to go to school? No. But not sure any legal remedy is going to make the situation better or stand up to a legal challenge.

I get what you are saying about beefing up enforcement of cheating. But as it exists today, NIL money from collectives directly to recruits/players is not cheating. The NIL collectives are set up outside the scope of the school, and it's already been decided by the court that players can make money off NIL. So what exactly is the NCAA going to enforce?

As others have said, in the long run it's going to mean less money going to non-revenue sports. The boosters are going to send their dollars into direct payment to players instead of to athletic department foundations that pay for things like new rowing facilities or new softball/baseball facilities or coaches salaries in non-revenue sports. NCAA could have got ahead of it over the last decade, but did not. Or at least attempted to get ahead of it.

My guess is the answer may come in collective bargaining of some sort. But the very best players will not want to do that as it will reduce their income.
I think by “enforce” is what many would like to see the NCAA put in place...like limits on NIL $, limit the # of times a player can transfer, etc. Obviously, such limitations should have been put in place BEFORE NIL was implemented, but better late than never.
 
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Honest question….Is the NCAA not formed, supported, and regulated by the member schools?

I honestly don’t know but thought I heard or read that sometime ago….IF that’s the case, then it’s not that the employees of the ncaa investigation and enforcement division that are at fault….it’s the schools themselves and their inability to do what they should do?
 
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I suspect that there are school presidents, say at places like Kentucky and Kansas, that are so invested in the success of the basketball program, that are totally unwilling to pull on the reins to slow things down.
 
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Honest question….Is the NCAA not formed, supported, and regulated by the member schools?

I honestly don’t know but thought I heard or read that sometime ago….IF that’s the case, then it’s not that the employees of the ncaa investigation and enforcement division that are at fault….it’s the schools themselves and their inability to do what they should do?
bingo we have a winner. The NCAA is a member based institution. It cannot of itself, just make up new rules. Members (schools) have to vote to put in place the rules or whatever changes need to be made. The reason that the NCAA doesn't have more backbone in enforcement is because that's the way the schools want it. Sure, there are some schools who would like to see the rules enforced, but not enough of them to give teeth to the enforcement arm of the NCAA.

Now, one could argue that as part of the very large salaries Mark Emmert and the other full-time staff at the NCAA are earning, that they should have provided recommendations to schools on how to manage NIL and to get ahead of it, but that is a different argument. NCAA basically never changed its stance that athletes were amateurs and any compensation was not allowed. Supreme Court blew that out of the water last summer 9-0. In most organizations, that would have resulted in the top people being fired/resigning for so poorly guiding an organization, but in the NCAA's case Emmert will be allowed to retire with heavy compensation package in 2023.

The school athletic departments and coaches don't REALLY want to get rid of the money in college sports, as they (the myriad administrators in athletic departments like Iowa's and the coaches) get paid very, very well. They just want the $$ to flow toward the things that have previously been sanctioned (themselves). I get it, the NIL money and the outright paying of recruits/players by booster-funded NIL is unseemly and seems weird. Because it is. But is it any more unseemly than paying an athletic director more than $1M annually and a bunch of associate athletic directors hundreds of thousands of dollars per year? And don't give me the line that the AD is worth it due to fund-raising and managing a budget. The Iowa athletic department gets upwards of $50M per year just for existing due to TV contracts. And gets tens more millions per year just for hosting 7 home football games per year. Nothing about that is innovative or worthy of paying someone millions of dollars in annual salary for.

So yes, I am of the mind that two things can be true at once. NIL is not great for college sports. But also, I don't blame the players for trying to cash in. I'm not sure how it shakes out, but in the end my guess is that fewer college athletes get their education paid for.
 
If the ncaa cannot (or will not) enforce NIL & other rules then should congress pass laws making significant violators of these rules have to serve jail time?

What rules? The NCAA caused all of this by ignoring and fighting against what was coming. They did nothing to plan or address what was going to be a massive issue. Had they worked with conferences, schools, ADs, coaches, student athletes, boosters to come up with some reasonable rules and limits, we wouldn't be seeing what we are. But they ignored it until SCOTUS and states forced the change.

At this point, good. Hopefully it results in a reorganization of the NCAA and their rules/enforcement.
 
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Honest question….Is the NCAA not formed, supported, and regulated by the member schools?

I honestly don’t know but thought I heard or read that sometime ago….IF that’s the case, then it’s not that the employees of the ncaa investigation and enforcement division that are at fault….it’s the schools themselves and their inability to do what they should do?
Agree 100%.

I don't believe the NCAA, by themselves, has the power to make rules. Sure, maybe small adjustments to existing rules, but NIL is something completely new. The schools have to take the leadership here.

The NCAA is similar, IMO, to the Police or the IRS. They don't make the rules, they are responsible for compliance,
 
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The NCAA may not be able to make laws, but they can certainly come up with guidelines to present their members that would have overseen this entire NIL debacle. Unfortunately, there are too many college presidents that have their rear ends covered with both hands and would not do anything to upset the athletic department applecart which pays their coaches incredible amounts of money and is the sole reason that so many "alumi" donate money to their institution.
 
The NCAA could develop rules and members could vote. Congress, who seems to have done nothing for decades but enrich themselves, could spend a little of the vast wasteland of their time enacting some remedial statutes that controls the use or limits the amount of NIL, etc...

However, in the end a relatively small number of media and sports apparel executives will decide what the NCAA will do or support. Those guys introduce the element of pure mercantilism into the one marketplace that can't be cornered, only destroyed, by Darwinian capitalism.​
 
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