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can the ncaa require schools to disclose NIL deals


Didba

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Not likely. As far as I can tell, NIL deals are private business contracts between private individuals, the schools cannot report private information without consent of the parties involved. 

Further, I am not sure that the NCAA has jurisdiction over these contracts as the rules currently stand without actual legislation from the states. The NCAA has control over the athletes but not the other parties so it becomes private citizen contract rights vs NCAA power over student-athletes.  It is important to note that States are not normally able to create law that causes a quasi-government entity to ex post facto void contracts between citizens.

To put it simply, it is not likely that the NCAA can force schools to disclose their student-athlete's NIL deals as things currently stand.

Edited by Didba
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Pass anti trust legislation and the entire discussion becomes history.  At that point, the NCAA and individual schools can run collegiate sports in the way they should be run.  If athletes don't want to be student athletes, they can go get a real job and work until they qualify to possibly get an invite to try out for an NFL team.

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1 hour ago, AU9377 said:

Pass anti trust legislation and the entire discussion becomes history.  At that point, the NCAA and individual schools can run collegiate sports in the way they should be run.  If athletes don't want to be student athletes, they can go get a real job and work until they qualify to possibly get an invite to try out for an NFL team.

More likely a semi pro league for 18-21/22 year olds forms and it spells the end of big time college football. 

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12 hours ago, Didba said:

Not likely. As far as I can tell, NIL deals are private business contracts between private individuals, the schools cannot report private information without consent of the parties involved. 

Further, I am not sure that the NCAA has jurisdiction over these contracts as the rules currently stand without actual legislation from the states. The NCAA has control over the athletes but not the other parties so it becomes private citizen contract rights vs NCAA power over student-athletes.  It is important to note that States are not normally able to create law that causes a quasi-government entity to ex post facto void contracts between citizens.

To put it simply, it is not likely that the NCAA can force schools to disclose their student-athlete's NIL deals as things currently stand.

It's not hard for the NCAA to get what they want.  Schools are voluntary members of the NCAA, the schools make the rules and member institutions agree to abide the rules and regulations.  When they voluntarily become a member, they agree to the rules.   The NCAA can rule an athlete ineligible to play in an NCAA sport if that athlete does not follow the NCAA's rules and requirements.

The NCAA can not limit a student-athletes right to receive compensation for their NIL.  They can however require the student-athlete to file their NIL contracts with their university (which is already required) and the NCAA can then require the school to report all contracts to them.

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  • WarTiger changed the title to can the ncaa require schools to disclose NIL deals
13 hours ago, Didba said:

Not likely. As far as I can tell, NIL deals are private business contracts between private individuals, the schools cannot report private information without consent of the parties involved. 

Further, I am not sure that the NCAA has jurisdiction over these contracts as the rules currently stand without actual legislation from the states. The NCAA has control over the athletes but not the other parties so it becomes private citizen contract rights vs NCAA power over student-athletes.  It is important to note that States are not normally able to create law that causes a quasi-government entity to ex post facto void contracts between citizens.

To put it simply, it is not likely that the NCAA can force schools to disclose their student-athlete's NIL deals as things currently stand.

I could see that they can require individual students to divulge all contracts to be eligible to play. It would seem to me they have been requiring that forever.

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3 hours ago, AU9377 said:

Pass anti trust legislation and the entire discussion becomes history.  At that point, the NCAA and individual schools can run collegiate sports in the way they should be run.  If athletes don't want to be student athletes, they can go get a real job and work until they qualify to possibly get an invite to try out for an NFL team.

If this happens, I also see NFL removing the age limitation. Colleges may not get the best out of HS but will get some.

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2 hours ago, Hank2020 said:

I could see that they can require individual students to divulge all contracts to be eligible to play. It would seem to me they have been requiring that forever.

This is definitely an avenue that could work.

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I could see them eventually being intertwined.  I could see this being true for collectives of donors pooling money to sponsor athletes.  That will tie the university in since it isn’t one company sponsoring an athlete to push products or marketing.  It is just a group of alumni.  

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4 hours ago, Hank2020 said:

If this happens, I also see NFL removing the age limitation. Colleges may not get the best out of HS but will get some.

I honestly don't think that would hurt the college game.  I don't think most college football fans care if a player isn't what the NFL is looking for, as long as there is some degree of parity across the board and games are competitive.

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2 hours ago, AU9377 said:

I honestly don't think that would hurt the college game.  I don't think most college football fans care if a player isn't what the NFL is looking for, as long as there is some degree of parity across the board and games are competitive.

I agree.

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18 hours ago, AU9377 said:

I honestly don't think that would hurt the college game.  I don't think most college football fans care if a player isn't what the NFL is looking for, as long as there is some degree of parity across the board and games are competitive.

The giant stadiums would be half full after a few years. People don't want to watch bad ball. The money falls, tv slots, ad revenue, NIL, all die if a true semi pro league operates outside the major football schools for athletes aged 18-24

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1 hour ago, GunsmithAU said:

The giant stadiums would be half full after a few years. People don't want to watch bad ball. The money falls, tv slots, ad revenue, NIL, all die if a true semi pro league operates outside the major football schools for athletes aged 18-24

I disagree. I think as long as there is parity, it works .

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2 hours ago, Hank2020 said:

I disagree. I think as long as there is parity, it works .

Agree. 
 

it will be a problem for those schools who lose a stud RB or QB and have nothing behind them. Lol. 
psrity will be the norm mostly. But you better keep restocking. 

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On 5/20/2022 at 1:49 PM, GunsmithAU said:

More likely a semi pro league for 18-21/22 year olds forms and it spells the end of big time college football. 

Why would that spell the end of big time college ball? A guy not running a 40 as fast won’t make me not watch college ball. Being told every year by an 18 year old that he is worth imaginary amounts of money will.

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9 hours ago, AU9377 said:

Why would that spell the end of big time college ball? A guy not running a 40 as fast won’t make me not watch college ball. Being told every year by an 18 year old that he is worth imaginary amounts of money will.

It may not sway you or I from watching Auburn/college ball, but as the quality of the game decreases due to subpar talent, many will stop watching. 

Like i said above, the big money leaves when the talent leaves. 

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9 hours ago, AU9377 said:

Why would that spell the end of big time college ball? A guy not running a 40 as fast won’t make me not watch college ball. Being told every year by an 18 year old that he is worth imaginary amounts of money will.

But you must be OK with coaches/Universities making “imaginary amounts of money”. I’m just glad my yearly salary wasn’t determined by a bunch of people that generally have nothing to do with it except as a pass-time. It seems if they can get it, they deserve it. Market sets the price. Your only direct impact is to stop watching/suporting with your personal income. I know mine wouldn’t inmpact it in the least.

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3 hours ago, GunsmithAU said:

It may not sway you or I from watching Auburn/college ball, but as the quality of the game decreases due to subpar talent, many will stop watching. 

Like i said above, the big money leaves when the talent leaves. 

Many are going to stop watching when their team has a fixed ceiling according to the levels of their booster wealth. It's always been around to a degree, but I think fans particularly of teams like Auburn are about to find out how much fixing a pro-model on amateur athletics sucks. We can't compete on a strict money field. 

I'd much rather watch true amateur athletics. You might actually get into a few games with the family every year without taking out a loan, too. 

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20 hours ago, AU9377 said:

Why would that spell the end of big time college ball? A guy not running a 40 as fast won’t make me not watch college ball. Being told every year by an 18 year old that he is worth imaginary amounts of money will.

it's def not imaginary.  Those 85 guys are literally the product of a billion dollar industry.  Everyone is getting paid except them.

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16 hours ago, W.E.D said:

it's def not imaginary.  Those 85 guys are literally the product of a billion dollar industry.  Everyone is getting paid except them.

The individual worth out of high school is what is speculative and therefore imaginary.  I'm not saying that they don't deserve something.  That something simply has to be a set standard or not part of collegiate athletics.  We can't have it both ways. We have to stop pretending that there is no value in the ability to prepare oneself for the NFL.  Again, I am not saying that they should be struggling to go out on a date, have a car to drive or go to the beach during Spring break. 

College athletics is part of the university, not the other way around.  If they don't want to be student athletes, don't come to college.  Nobody is forcing them to take classes and become better football players.  Nobody is forcing upon them all the lifetime contacts that playing college sports gives student athletes, the name recognition and the feeling of being someone on campus.  They can choose not to go and then to apply as a regular student without the advantages of having academic requirements waived and tuition, room and board provided.  There is no forced labor involved.

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On 5/22/2022 at 9:53 AM, Hank2020 said:

But you must be OK with coaches/Universities making “imaginary amounts of money”. I’m just glad my yearly salary wasn’t determined by a bunch of people that generally have nothing to do with it except as a pass-time. It seems if they can get it, they deserve it. Market sets the price. Your only direct impact is to stop watching/suporting with your personal income. I know mine wouldn’t inmpact it in the least.

You mean those coaches that worked their way thru the ranks, were once paid close to nothing and couldn't buy a home for the first 10 to 15 years of their coaching careers because they didn't know if they would be somewhere 1 year or 3 years?  I don't think the two are really just comparisons.  I do believe that coaching salaries are out of control.  However, since when have we demanded from the first day that everyone be paid the same? 

The market doesn't always make the outcome desirable.  If we let the market be the only factor in health care, people would die every day from there being no rural hospitals.  If we let the market alone decide which kids get educated and which don't, we would devolve back into a class system of haves and have nots.  This shouldn't me dictated by the market alone.  Greed in that market will destroy the very thing that the market derives its power from.

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On 5/22/2022 at 9:36 AM, GunsmithAU said:

It may not sway you or I from watching Auburn/college ball, but as the quality of the game decreases due to subpar talent, many will stop watching. 

Like i said above, the big money leaves when the talent leaves. 

We will just have to agree to disagree.  I don't see droves of people in March discussing G league games in basketball.  My point is that the game won't change.  We won't know what we are missing because we will still have the competition.  People watch college ball because they crave the passion and competition that is created.  If it is only about money, then it is even less attractive than the NFL, who at least attempts to even the playing field with rules and the draft.

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25 minutes ago, AU9377 said:

We have to stop pretending that there is no value in the ability to prepare oneself for the NFL. 

You've got a billion dollar industry where only a fractions of the players make it to the NFL.  That's a horrible take.

 

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16 minutes ago, AU9377 said:

We will just have to agree to disagree.  I don't see droves of people in March discussing G league games in basketball.  My point is that the game won't change.  We won't know what we are missing because we will still have the competition.  People watch college ball because they crave the passion and competition that is created.  If it is only about money, then it is even less attractive than the NFL, who at least attempts to even the playing field with rules and the draft.

The big talent is still playing college ball not g league. College sports are as successful as they are because of the competition level. 

When the top bball athletes can go to the g league and get more fame and money as they do i college, you'll see college bball falter. Same in football. 

I'm not saying all the viewers will switch to pro leagues, just that the big time 100k stadiums and 100mil tv contracts won't exists. 

When the athletes skip college, you'll see P5 teams start to resemble G5. Smaller fan bases, less money, less audience outside college goers. 

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36 minutes ago, AU9377 said:

The individual worth out of high school is what is speculative and therefore imaginary.  I'm not saying that they don't deserve something.  That something simply has to be a set standard or not part of collegiate athletics.  We can't have it both ways. We have to stop pretending that there is no value in the ability to prepare oneself for the NFL.  Again, I am not saying that they should be struggling to go out on a date, have a car to drive or go to the beach during Spring break. 

College athletics is part of the university, not the other way around.  If they don't want to be student athletes, don't come to college.  Nobody is forcing them to take classes and become better football players.  Nobody is forcing upon them all the lifetime contacts that playing college sports gives student athletes, the name recognition and the feeling of being someone on campus.  They can choose not to go and then to apply as a regular student without the advantages of having academic requirements waived and tuition, room and board provided.  There is no forced labor involved.

I think the problem with what you are proposing is it is basically against the law in Alabama. No university (or any other entity I suppose) can set a value on anyones NIL. We each own our own. If they decide to sign a contract with someone it’s their business and not anyone elses.

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6 hours ago, Hank2020 said:

I think the problem with what you are proposing is it is basically against the law in Alabama. No university (or any other entity I suppose) can set a value on anyones NIL. We each own our own. If they decide to sign a contract with someone it’s their business and not anyone elses.

Not for long.  When congress gets around to doing their job and passes an exception to anti trust laws for collegiate athletics, sanity can and should be brought back.  Why not let high school kids make money by transferring every year?  The programs are incidental to the schools that they are a part of.  They cannot make the rules.  Completely removing any sense of amateurism will destroy the entire model.

There is nothing wrong with schools having rules to govern participation in their athletic programs.  Like I have suggested before, push the schools hard enough and all they have to do is to make everyone qualify on the same admission requirements.  Doing that would prove the value of that benefit alone.

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