The House Settlement has been approved

Dawgzilla2

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That position has been debunked multiple times over. Revenue sharing vs revenue earning is an easy way to shoot that down.

Doesn’t mean they won’t try, though…
It hasn't been adjudicated with respect to Title IX, and certainly not with respect to this revenue sharing deal.

Biden's DOE issued a guidance saying Title IX requires proportional distribution of revenue sharing funds. That memo has been revoked, but what's to stop it from coming back under a new administration?
 
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TheBannerM

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No system is perfect, but this one will ar least be entertaining.

My only question is, what about any current athletes who opted out of the settlement? I can only find info on former athletes who opted out.

Any current athletes who opted out will have, presumably, retained the right to bring an anti-trust suit if their NIL deal is rejected. They could probably bring a suit on July 1, if their current deal with a collective is terminated.
I expect NIL enforcement to be halted by a temporary restraining order before the month is over, if not next week.
 

Dawgzilla2

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I expect NIL enforcement to be halted by a temporary restraining order before the month is over, if not next week.

Seems unlikely. Players opting into the settlement have accepted its terms. Players opting out have retained the right to sue on anti trust grounds, but they probably have to wait until they have an NIL deal that gets rejected.

The potential grenade is any athlete who opted out and finds out his revenue sharing plus NIL money is lower than his deal with the collective for the upcoming school year...but that's why so many deals were frontloaded this past Spring so that the money has already been paid.
 
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patdog

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And, of course, the Title IX issue is still looming with respect to revenue sharing. I know Linda McMahon has said Title IX won't apply, but that just means the DOE will not force Title IX compliance. Probably won't take long for a group of female athletes to claim the distribution of revenue sharing is discriminatory.
This DOJ won’t. A future one might.
 

Dawgzilla2

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This DOJ won’t. A future one might.
It won't require the DOJ. Individuals can sue an institution that receives federal funding to force compliance with Title IX. They don't even have to exhaust administrative remedies.

So, all it would take is some female athletes who are unhappy with their school's split of the money. The argument would be Title IX requires the money to be split between mens and womens teams proportionally to the number of men and women participating in athletics.

I don't have a personal opinion on how Title IX should be interpreted for this issue. I just think the uncertainty here has always been the fly in the ointment.
 

leeinator

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So, I'm just wondering. What would a player like little Stansbury receive for back pay when he played as a scrub for us several years? Wasn't his name Noah Stansbury? Or do they include walk-ons?
 

Perd Hapley

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The athletes who opted into the settlement will not be able to sue. That's the whole point of a settlement. They have agreed to arbitration if they they want to challenge the rejection of their NIL deal.

If they lose the arbitration they can sue, but there is a high standard to show some type of misconduct or violation of legal standards by the arbiter.

Now, the athletes who opt out of the settlement can probably sue....but they will still need to show some type of value for their NIL deal. It would hard to argue they are being damaged because the NCAA won't allow a booster to give them free money.
But athletes who opt out in the future will be numerous, because they’ll have astronomical NIL deals that dwarf the revenue share amount. And as soon as just one is rejected, its going to open up Pandora’s box.

My guess is that this clearinghouse is going to become nothing more than the same kangaroo court that the NCAA enforcement staff was. They’ll reject some random lacrosse players and G5 school’s football NIL deal to try and establish legitimacy, then everything higher profile than that will be almost a blanket approval.

Either way, the toothpaste ain’t going back in the tube. The very public price discovery has already happened. Whether its bogus NIL deals that are “approved”, or just under the table payments, you can’t stop the money from flowing where it wants to go. A mid-tier SEC QB that cost $2 million in 2025 isn’t going to just magically cost $150K in 2026. No chance in hell.
 

paindonthurtDCD2

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How? We at least have a hope of rebuilding our FB program bc of the portal. Imagine if Lebby had to rebuild this with just HS and Juco recruiting.
Same way we did before unlimited transfers?

only difference would be the top teams in the country have less talent than they used to. Still more talent than everyone else but less depth.
 

paindonthurtDCD2

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It won't require the DOJ. Individuals can sue an institution that receives federal funding to force compliance with Title IX. They don't even have to exhaust administrative remedies.

So, all it would take is some female athletes who are unhappy with their school's split of the money. The argument would be Title IX requires the money to be split between mens and womens teams proportionally to the number of men and women participating in athletics.

I don't have a personal opinion on how Title IX should be interpreted for this issue. I just think the uncertainty here has always been the fly in the ointment.
Here’s the thing. No scenario of rev sharing fits the title IX narrative.
 

Dawgzilla2

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Here’s the thing. No scenario of rev sharing fits the title IX narrative.
I'm not sure what "narrative" a statute has, but that is the conflict.

In the settlement agreement, the "revenue sharing" is compensation for use of the athletes' NIL. It isn't compensation for participation, which is currently illegal in states like Mississippi. So, splitting the money based on revenue generated is not a perfect defense.

But interpreting Title IX to require a proportional split of the money would pretty much defeat the intent of the settlement.
 
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The "clearinghouse" is going to stop Alabama and Auburn from paying players under the table. I'll believe that when one you buys the bridge in Tallahatchie county that I have for sale.
 
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Dawgzilla2

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The "clearinghouse" is going to stop Alabama and Auburn from paying players under the table. I'll believe that when one you buys the bridge in Tallahatchie county that I have for sale.
That's not the job of the Clearinghouse. The Clearinghouse is supposed to police faux NIL contracts that are really just pay for play disguised as NIL.

I'm not sure what the plan is for under the table payments, but the settlement agreement provides for the conferences to set up an enforcement body to monitor compliance with all.of the new rules.
 
Dec 9, 2018
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That's not the job of the Clearinghouse. The Clearinghouse is supposed to police faux NIL contracts that are really just pay for play disguised as NIL.

I'm not sure what the plan is for under the table payments, but the settlement agreement provides for the conferences to set up an enforcement body to monitor compliance with all.of the new rules.
Yeah, I wrote that in a hurry to get out the door.

My point is, there is no way this is going to anything but more of the same. It will favor those big programs that have always been favored, either above the table or under it. It already sounds skewed, NIL to a large market team is always going to be more valuable than a smaller one. Hence, Alabama's NIL payments can be greater than anyone else's in the SEC. More eyeballs, and bigger media market, right? The rich get richer. It's a farce.

And I have absolutely no confidence the SEC has been or will be above board in any rules that they come up with. I think it's totally corrupt.

The only hope I can see is for the NCAA to put roster limits at about 75 so maybe there will be enough left over player for small schools to compete. I am not optimistic about that, either.
 

paindonthurtDCD2

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I'm not sure what "narrative" a statute has, but that is the conflict.

In the settlement agreement, the "revenue sharing" is compensation for use of the athletes' NIL. It isn't compensation for participation, which is currently illegal in states like Mississippi. So, splitting the money based on revenue generated is not a perfect defense.

But interpreting Title IX to require a proportional split of the money would pretty much defeat the intent of the settlement.
Every statute or laws has a narrative/point. The point of title IX basically was equal opportunity even though things weren’t equal (revenue, etc). I didn’t hate title IX.

but you can’t keep the point of title IX and rev sharing agreement. They almost wholly contradict each other.
 

Perd Hapley

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I'm not sure what the plan is for under the table payments, but the settlement agreement provides for the conferences to set up an enforcement body to monitor compliance with all.of the new rules.

No way this ends poorly****

I’m sure the B1G compliance group will apply very consistent enforcement for violations, and give Rutgers the same treatment as Ohio State. And the SEC will obviously do the same for Texas as they do for Mississippi State.

And if this is now the model, what service / benefit does the NCAA even provide anymore? Why are the collective schools in all P4 leagues even entertaining the idea of continuing to let them leech billions in revenue from everyone, when they provide no value?
 
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Dawgzilla2

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No way this ends poorly****

I’m sure the B1G compliance group will apply very consistent enforcement for violations, and give Rutgers the same treatment as Ohio State. And the SEC will obviously do the same for Texas as they do for Mississippi State.

And if this is now the model, what service / benefit does the NCAA even provide anymore? Why are the collective schools in all P4 leagues even entertaining the idea of continuing to let them leech billions in revenue from everyone, when they provide no value?
I think it's one enforcement body set up by all of the conferences together. But it remains to be seen.

The NCAA will still serve an organizational purpose, but it has already deleted large swaths of rules in preparation for this settlement. It will be much easier for the major conferences to split off when the time comes.
 

patdog

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Here’s the thing. No scenario of rev sharing fits the title IX narrative.
Here’s the thing. You’re reading the letter of the law. Not how it will be implemented. I’m sure when another party is in power, they will want to require the $20MM or so to be distributed equally between men & women sports.
 

MSUDOG24

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I think it's one enforcement body set up by all of the conferences together. But it remains to be seen.

The NCAA will still serve an organizational purpose, but it has already deleted large swaths of rules in preparation for this settlement. It will be much easier for the major conferences to split off when the time comes.
From an article I read in the Athletic. Seeley, former MLB guy will head the College Sports Commission.

College sports has a long history of inconsistent enforcement and skirting rules to gain a competitive advantage. The NCAA will still oversee rules related to academics and eligibility, but systems installed to regulate the revenue-sharing cap schools must adhere to, evaluate fair-market value of name, image and likeness deals between athletes and third parties and monitor roster limits will be under the purview of Seeley and the CSC.

He will report to a board made up of the power conference commissioners.
 

TXDawg.sixpack

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That's not the job of the Clearinghouse. The Clearinghouse is supposed to police faux NIL contracts that are really just pay for play disguised as NIL.

I'm not sure what the plan is for under the table payments, but the settlement agreement provides for the conferences to set up an enforcement body to monitor compliance with all of the new rules.
Wait, so the conferences are policing themselves now?? I'm sure that'll help us. **
 
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bulldoghair

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But in three years he would have built a team. You cannot build a team anymore. You do your best to put a roster together. Just my opinion.
That’s why I say you run a niche system, or a system that extremely less common. Think Army, Navy, Leach ect. That way, lesser talent or talent used in a different way would cut down on the poachers poaching us every year. Thus you could truly develop talent. It would cost less per player, you’d be more likely to upset and best more people you shouldn’t, people would hate to play us, and so on. If you’re going to be the underdog when it comes to money and transfer portal, then you have to think outside the norm to have a competitive chance. Otherwise you’re going the motions of what everyone else is doing except with way lesser talent.
 
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