Zactly
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And THAT is why the NCAA does nothing
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Yup once the NC2A starts losing money then theyâll care.
Getting crazy in baseball, too.
Two of the best freshmen in the ACC (Peebles at NC State and Amick at Clemson) have both committed to Tennessee â just a year after the conferenceâs freshman of the year (White) at NC State left Raleigh for Baton Rouge. (Evidently our baseball NIL is very good.)
It will get worse with baseball because theyâre locked in for three years if they didnât go pro out of high school.
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NC State keeps shooting itself in the foot too.
Tommy White wanted to play 3B but Avent insisted he be a DH. So he was going to leave but LSU outbid the Florida schools at that point.
Peebles this year wants to catch. State has a good catcher (Jacob Cozart) so Peebles barely caught this year and was looking at DH again next season most of the time. So into the portal he went and picked the Vols over Vandy and us.
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Also the new NY state NIL legislation that just came through sure has its advantages.
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Itâs an interesting question, but I canât see this (NIL to effectively add additional âscholarshipsâ) being a good long-term strategy. As @DavetheWave it might be a more viable strategy for the âone-year planning onlyâ type schools, but (1) I donât see the one-year planning model being that successful of a strategy, and (2) even in those types of schools, you really do risk pissing kids off and creating a bad balance.
Youâd almost prefer to see coaches run kids off than effectively marginalize them, but keep them around.
@collins - this stuff is getting really interesting. Charlie Baker couldnât ask for a better example to convince Congress they need to do something⌠But we shall see if he can get a majority of the house and 60 Senators to agree on anything (though, tbh, all in all, Iâd bet on Baker getting something)
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I sure hope so. The current landscape as it stands right now is completely unsustainable. They took a nice idea of compensating players fairly and bastardized it into the pay for play free agency that we see now. As much as it bothers me to see UVA forced to limit itâs recruiting pool based on NIL expectations, its nice to think that when things are corrected the schools that have been doing it the right way from the beginning will have the edge. On the other hand, Arkansas might pay its way into having a roster talented enough to compete with NBA teams so who knows where this is all headed.
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I figure @collinsâs NIL post in the other thread would be of interest here:
https://virginia.forums.lockerroomaccess.com/t/outside-uva-recruiting/4654/4699?u=haney
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That comment is actually pretty funny. I mean, imagine the NCAA actually investigating a school on NIL grounds! LOL!
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Was it the Onion that had a piece on LSU luring away a defensive lineman from Cincinnati with a really attractive NIL package? The $$ amount was too big for Cincinnati to match, which makes sense until the punchline at the very end when they make clear LSU has lured away a player from the BENGALS.
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They did come down fairly hard on something involving the Cavinder twins at Miami, and in that enforcement action, the NCAA committee disagreed with the actions of the NCAA enforcement staff, which is a good indication that if the NCAA staff tasked with enforcing the rules canât even get on the same page with their bosses in a public enforcement document, what chance do the rest of us have of figuring it out?
(to flesh that out a bit â the committee thought the staff should have gone after Ruiz, as a donor, but the staff didnât)
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My layperson read is that what Baker wants is for Congress to say to the states that they have to do what the NCAA says when it comes to NIL, but a chunk of Congress might then look at the NCAA with the perspective of âif Iâm drawing up legislation on NIL, what do I need you for?â But Iâm not a lawyer/politician/political analyst.
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Iâm none of those things either, but I still pay the state of NY some $$ for the piece of paper that says I am one of those things, so I think the simple answer is the NCAA needs Congress to do something for two reasons: (1) pre-emption - Iâm bad at the specifics, but basically federal law trumps state law on the same issues/topics, so an on-point federal law would pre-empt state law, and bring a uniform national approach (at least theoretically, until folks start arguing why pre-emption doesnât apply here, blah blah blah); and (2) the NCAA will need (not IMO, but nobody lets me run the DOJ or FTC and certainly nobody would nominate for lifetime tenure for anything other than âbad takesâ person) or want some sort of antitrust exemption, to feel more comfortable about setting any sort of NIL standards, rules, etc. that have any tie to compensation.
Iâve seen some folks here say that the NCAA wants the feds to do their enforcement for them, but I think thatâs wrong. The NCAA is happy to do their typical bad and erratic job of enforcement on their own, but I suspect they donât want to do that if they have to check 50 different sets of laws or worry about getting their ass dragged into federal court every time they do it.
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If you want a better understanding of why thatâs wrong, just look at the NY state language:
The Feds donât need to get involved in enforcement at all. All theyâd have to do is just draft the opposite language: an athletic association may do the followingâŚ
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In the end, I suppose money is fungible, so NIL allows teams to add that 12th or 13th scholarship player and have room to pay the walk-ons from the NIL kitty, along the lines of what @DavetheWave suggests. Just an interesting point by @ElliottHoo on one other way that NIL changes the landscape.
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Guys when it cones to this stuff im way in over my head and my knowledge of how all this works so forgive me if what i say sounds stupid
IMO. New York has given the NCAA the biggest finger in the history of the game. If the NCAA donât do something about this they just as well fold up and leave. After New York starts this i can see many other states doing the same thing.
Itâs going to be one big shit show with everyone making their own rules. ( Everyone but UVA of course) As much as i hate to see the government stepping in im afraid they may have too. I want the players to be paid but there has got to be a better way. Now seriously i wsnt someone to tell me why what i said is right or wrong. Im serious because i donât really know a lot about this except i know New York will only be the beginning
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Everyone has always made their own rules.
The only guardrail in the pre-NIL times was the threat of NCAA sanctions, and that accomplished what exactly in terms of preventing student athletes from receiving benefits?
It isnât that the NCAA wants the feds to do the enforcement, itâs more that if the Feds pass a law, theyâre not going to outsource enforcement to a non-governmental entity.
I canât think of another instance where they do that. For some grant or benefits programs, they hire private companies to administer them, but they retain oversight. I guess the IRS hires collection agencies to collect tax debts in some cases, but they donât outsource tax audits. The USDA inspects meat packing plants and fines them if theyâre in violation of safety standards. OSHA enforces workplace safety regulations.
I think the state laws prohibiting the NCAA from enforcing their own rules will fail in court if challenged. The NCAA is a voluntary membership organization and itâs rules are determined by its membership. If a school joins the NCAA, it has waived certain legal rights. If it doesnât like the rules, it can work to write different rules or leave the organization. But thatâs just my off the cuff personal opinion, not informed by any legal research or knowledge.
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So basically the NCAA is screwed. Right?
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