Title IX/NIL News...

GloryDawg

Heisman
Mar 3, 2005
19,399
16,478
113
Hasan Minhaj Netflix GIF by Patriot Act
 

8dog

All-American
Feb 23, 2008
14,000
5,906
113
Just another lawsuit that’s gonna be filed. The House settlement will get pummeled.
 
  • Like
Reactions: patdog

8dog

All-American
Feb 23, 2008
14,000
5,906
113
Yep. If you distribute the money evenly, football & basketball players will Sue. If you distribute it based on revenue, the other athletes will Sue. You’re damned either way.
Not to mention I haven’t seen an explanation of how it governs a kid in HS right now and is not a part of the class that settled - I guess you sign away your rights when you sign onto the rec share? Also once the clearinghouse says an NIL deal isn’t FMV they will just sue under state law.
 
Last edited:
  • Like
Reactions: patdog

dickiedawg

All-Conference
Feb 22, 2008
4,253
1,078
113
And immediately below the linked article...

View attachment 758782
Guys, I love college sports, but the lengths that people are going right now to have a competitive football team is truly nauseating
Some of these athletes are making and will be making absurd amounts of money, why would they be exempt?
I’m for lower taxes in general, but don’t know why the star QB should be exempt when someone working through nursing school isn’t.
And if the answer is “because it’s politically popular in SEC and BIG X states” well that’s a stupid reason.
 

OG Goat Holder

Heisman
Sep 30, 2022
12,271
11,339
113
Just another lawsuit that’s gonna be filed. The House settlement will get pummeled.
Yeah it is.

There is a reason all these rules were here to begin with, and the powers that be right now seem to have forgotten all the chaos that had to happen to get to where we were.

I honestly see no reason why we don't leave NIL in the hands of the boosters. That's where it's always been. Tax it. No free transfers until graduation.

We are just making up rules as we go now, based on some short term hot takery.

I know many don't want to hear this, but the Department of Education's original take was the correct one.
 

johnson86-1

All-Conference
Aug 22, 2012
14,335
4,840
113
Some of these athletes are making and will be making absurd amounts of money, why would they be exempt?
I’m for lower taxes in general, but don’t know why the star QB should be exempt when someone working through nursing school isn’t.
And if the answer is “because it’s politically popular in SEC and BIG X states” well that’s a stupid reason.
I think it remains to be seen whether it's politically popular, but they are proposing this because politicians are recognizing that college athletes are very mobile, like capital, and adding a 4% to 6.4% burden on NIL (like MS, AL, LA, USC, OK, and GA compared to Florida, Tennessee, and Texas) puts a meaningful hurdle to athletes choosing one school over another when the decision is a close one.

Same reason lots of states (like Mississippi) exempt retirement income from state taxes. They view those people as relatively mobile compared to working stiffs, and want to increase the chances they will choose a state to spend their retirement money in.
 
  • Like
Reactions: sandwolf.sixpack

Willow Grove Dawg

All-Conference
Nov 3, 2016
7,285
4,260
113
As much I as hate to see the politicians get involved, the only viable answer may be an Anti-Trust Exemption for college athletics.
 

horshack.sixpack

All-American
Oct 30, 2012
11,364
8,276
113
That's what happens when we elect a king every 4 years....
No, we have co-equal branches of government with the legislative being the first among equals, the executive just enforces what the legislative creates, and the judicial arbitrates with final say. Wait, that’s just what the constitution says. We don’t like it any longer and our AG doesn’t understand it. You are right. Carry on.
 

Ranchdawg

All-Conference
Dec 13, 2012
4,491
3,740
113
Some of these athletes are making and will be making absurd amounts of money, why would they be exempt?
I’m for lower taxes in general, but don’t know why the star QB should be exempt when someone working through nursing school isn’t.
And if the answer is “because it’s politically popular in SEC and BIG X states” well that’s a stupid reason.
Because the athletes are complaining that before NIL the blue chippers that were taking money from booster went un-taxed. It just ain't fair. Going forward if limits are placed the Alabama's will just go back to under the table disbursements. I expect that to happen anyway.
 

Dawgzilla2

All-Conference
Oct 9, 2022
2,051
2,385
113
Not to mention I haven’t seen an explanation of how it governs a kid in HS right now and is not a part of the class that settled - I guess you sign away your rights when you sign onto the rec share? Also once the clearinghouse says an NIL deal isn’t FMV they will just sue under state
Yep. If you distribute the money evenly, football & basketball players will Sue. If you distribute it based on revenue, the other athletes will Sue. You’re damned either way.
Who is going to sue? It will have to be athletes who opt out of the settlement, and honestly I don't know what their status will be.

The proposed settlement is for a class action lawsuit involving all D1 athletes on one side, the NCAA and all the D1 conferences on the other side. If these parties agree to settle the case, then all anti trust claims are being waived.

No State court should be willing to hear a claim arising out of a settlement of a federal lawsuit.

If an athlete believes the terms of the settlement agreement are being violated, they can bring an action in the same federal court. But an athlete who opts in cannot later claim the settlement is unfair or violates anti trust.

Title IX and the distribution of revenue sharing have been the fly in the ointment all along, since it's unclear how the money can/will be distributed. It's hard to explain why any athlete currently receiving large amounts of money would want to opt in to the settlement.

Except that, I'm not sure what happens to the athletes who opt out. They should be excluded from revenue sharing, but I'm not sure they have to be. Their NIL deals would still be subject to scrutiny, I think, so maybe something in that arena?
 

8dog

All-American
Feb 23, 2008
14,000
5,906
113
Who is going to sue? It will have to be athletes who opt out of the settlement, and honestly I don't know what their status will be.

The proposed settlement is for a class action lawsuit involving all D1 athletes on one side, the NCAA and all the D1 conferences on the other side. If these parties agree to settle the case, then all anti trust claims are being waived.

No State court should be willing to hear a claim arising out of a settlement of a federal lawsuit.

If an athlete believes the terms of the settlement agreement are being violated, they can bring an action in the same federal court. But an athlete who opts in cannot later claim the settlement is unfair or violates anti trust.

Title IX and the distribution of revenue sharing have been the fly in the ointment all along, since it's unclear how the money can/will be distributed. It's hard to explain why any athlete currently receiving large amounts of money would want to opt in to the settlement.

Except that, I'm not sure what happens to the athletes who opt out. They should be excluded from revenue sharing, but I'm not sure they have to be. Their NIL deals would still be subject to scrutiny, I think, so maybe something in that arena?
There are kids in HS not a part of the settlement that will ultimately be in college. I guess they will have to agree to the terms thru a rev share or scholarship agreement but no one has laid that out. But It’s a settlement. It’s not law. Just reading Tom Mars Twitter account is a good example of what’s coming
 
Last edited:

Dawgzilla2

All-Conference
Oct 9, 2022
2,051
2,385
113
There are kids in HS not a part of the settlement that will ultimately be in college. I guess they will have to agree to the terms thru a rev share or scholarship agreement but no one has laid that out. But It’s a settlement. It’s not law. Just reading Tom Mars Twitter account is a good example of what’s coming
Yes, future athletes will have to choose to opt in or out, but they will have the advantage of seeing how all of this works so they can make an informed decision. And the agreement terminates - I think in 10 years.
 

Dawgzilla2

All-Conference
Oct 9, 2022
2,051
2,385
113
Wanted to add that I just figured out the incentive for high earning athletes to opt in to the settlement: back pay.

Every athlete who played between 2016 and 2024 is entitled to back pay compensation for the NCAA limiting their NIL. There's a formula that will tell them exactly what they are entitled to.

I'm sure there's a break point where the amount of money an athlete has earned and can expect in the future is more lucrative than opting in, but I'll bet most athletes are better served by taking the cash.

Kylin Hill obviously disagees.