Insightful Article on Recruiting

All students and student athletes are free to market their NAME... IMAGE... AND LIKENESS, it is legal. Making student athletes employees of a school is not. And the SCOTUS did NOT say that they had the okay to become university employees. I know some agency thinks they have the right to legislate this from their tiny office, but they are wrong.

 

have a college football draft with the team that drafts a player having the rights to that player for two years. recruiting budgets will become scouting and evaluation budgets and under the table inducements for players just out of high school will just about cease to exist.

 

You have made my point. Taking a job is you and your employer agreeing on terms of your employment. So yes, if the athletes are employees there might be the possibility of NIL restriction.

This is a hypothetical though. The landscape as we all sit and type is a whole different story and why I said there is not a damn thing anyone can do about people giving other people money, as long as it is legally done.

eg. If you were Elon musk and wanted to kick $250k to the families on your sons soccer team for Christmas, you certainly can do that and no one can restrict that.

 

Please explain why it is “illegal“ for student athletes to be employees of the university? From TAs to grad assistants, students get paid by the university all the time. Hell, athletes get stipends now! Maybe I’m misunderstanding you?

As for NIL, the scotus did NOT rule it legal. They found attempting to restrict nil of student athletes an unfair restraint of trade. We do not know how they would rule if student athletes were employees under contract, though we do know employers can restrict employee activity if reasonable to protect their business.

 

My point too! Putting restrictions on this mess requires players being employees.

 

You can't restrict a players right to transfer (nor should it IMO) but you can adjust on WHEN you can transfer. I think a transfer window after the spring games makes the most sense. That way, a player can figure out if they are going to be a starter or whatever and have the ability to enroll in the new school over the summer to get acclimated. Having that mad rush to get enrolled at the beginning of January for spring classes is ridiculous.

 

Can a school restrict a student’s right to transfer? The answer is no. You can say that you cannot enroll after a certain date, but you cannot restrict transfers. Consider a kid on an academic scholarship - could a school tell them they cannot transfer next semester? Answer is no. Student athletes as non-employees (as is the case today) fall under that auspices and are free to transfer.

If a student athlete signs a contract as an employee, they can be subject to restrictions (as long as the contracts comply with fair labor practices and see pro sports leagues for that). If a University wants restrictions on students transferring, there has to be a contract between the University and student that guarantees certain rights to the student (multi year scholarship, stipends/pay, benefits) in return for them giving up their right to transfer freely (like every other student). In very general form, that is labor law. We can all wish that were not the case, but when the ncaa continually denied students benefits, restricted their rights, and made billions, they sealed their fate.

 

And their lies the problem. Fix that, and things will be much better. Who in the hell gets the fans to pay for their payroll of their employees. wouldn’t it be cool if I could get my customers to pay for all my labor on top of paying for the product in the first place.

 

They surely have the right to make an independent business out of their football program just like any other sport in the world

 

It’s how colleges operate, on both the academic and athletic sides. It’s easy to say “sure just fix that”, much harder to actually do. It’s a part of college ball and it’s not easy to just remove it. No other league I know of has had to deal with this.

 

Court system may be taking away the right to tell them when they can transfer as well as the right to tell them how many times they can transfer or whether they have to sit out.

Wonder if they could remove a year of eligibility every time they transfer. I’m guessing that would be challenged and they’d lose that battle too.

 

It is a unique situation, and I did not say it was easy but there’s always a solution if you’re willing to work on it. They have no motivation to work on it because they are keeping all the money and they want to pretend there’s no solution because it would cost the money.
Furthermore, if you get rid of all the deadweight teams that they are helping to float, 30 or 40 teams would make twice as much money as they’re making right now

 

Also easier said than done.

 

Pretty much what the NIL offers/affords them, but they're still not university employees.

 

But they can be if the schools want them to be. As long as fans pay up and they keep all the cash they won’t change. Why would they.

 

I'm not sure you really thought this university employee thing through. Are you telling me that you want this to happen?

 

It’s doesn’t matter what we want. It makes for a much more fair competition than what we have but money makes all those decisions. What we have now is the most currupt pile of shit any sport has ever seen. It can be improved.

 

Lol... pay attention to the NFL and how all that works... NO think you. I do NOT want to see unions... which will demand half of all the revenue that the university takes in on football. How will the university pay for the other sports? Collective bargaining... game stoppages... agents and unions are a given. Special interests on camp[us via the will of the players union. More nonsense that has NOTHING to do with being a student athlete and more pimping out political crap from our favorite university. Strikes are then a possibility and protests for the latest "cause" becasue that's how these handlers (special interest lawyers) will roll with these kid clients... in college. Look for one big non-sports related diversion like rallies and protests all year long when football season is over, that is very possible. And then of course they will kneel for the National Anthem and demand that you stand and respect their song.

Nope... I like the fact that these kids and their families are getting what they can get in the current system of the NIL without unions stealing away their piece of these student athlete's pie. And I'm glad the university will have the network revenue to make all of Gator sports better by being able to afford new stadiums, like an indoor track and field stadium would be nice... a new gymnastics stadium would also be nice.. Continue to invest in places for the student athletes can get together on campus. And there will be a host of new and interesting ways to re-invest in not only the student athletes but all the student body too.

Right now the kids in high school get money and so do their parents. And their university gets to decide how best to spread the wealth of the revenue generated for all the sports to equally share. Win, win...

 

The only other way you could attempt to restrict NIL would be in the student policies ie by accepting admittance to the University as a student, you also would accept NIL restrictions (or any other pay to play). So they wouldn't be employees, but the defacto result of restricting NIL would be the same (I think). I'm not promoting or bashing the students becoming employees, just dealing in other potential hypotheticals.

All of that said, I don't see how/why a University would handcuff itself in this manner because the student-athlete would just go to institutions that didn't have such a restriction. The only way this would happen would be for a governing body (NCAA?) over the Universities to require it. Not even sure any of this could or would happen, my only point being that no instituation that cares about 'winning' would ever sabotage their recruiting in such a way.

The same could be said about the 'athletes are employees' route, unless it was a requirement by an entity over the University/athletic system. I don't know if the NCAA has the power to do that, but maybe they do? I surely don't have the knowledge to say either way.

 

I’m growing tired of buying championships. It’s just as if not more fake than the nfl and I don’t watch that anymore either.