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re: What about this NIL idea? The NCAA should place NIL caps on member schools.

Posted on 6/28/22 at 10:24 am to
Posted by DBG
vermont
Member since May 2004
71299 posts
Posted on 6/28/22 at 10:24 am to
Any cap or perceived cap would be struck down in court.

The only way it would work is if the athletes were classified as employees of the school, unionized, and collectively bargained. I actually think making them employees is eventually what will happen so the schools maintain some kind of control over the player movement, but that’s a different discussion.
Posted by Hot Carl
Prayers up for 3
Member since Dec 2005
58964 posts
Posted on 6/28/22 at 10:26 am to
quote:

What about this NIL idea? The NCAA should place NIL caps on member schools.


Would be overturned by the courts in about 30 seconds.

quote:

But isn't the counter argument that the student athlete that a school cannot accept is breaking their cap is that they can go play in another league were there are no member caps (like the USFL or NFL)?


College football players way overrate their individual value. They are only worth anything playing on tv in front of 50-100k fans in the uniforms they wear of the universities that have built the cathedrals they play in and established traditions over 100 years. You could take the exact same Alabama and Georgia players that played in the NC, put ‘em in some USL jerseys, have them play in whatever Birmingham’s stadium is called, and zero people besides their families would show up. A handful of people might tune in for the spectacle, but of course, they would have to broker their own tv deals.

Nobody wants Bryce Young of the New Orleans’ Breakers autograph or to give him any money. They want to give Bryce Young, QB of the Alabama Crimson Tide money. The gigantic infrastructure that is college football has taken lots of people over 100 years to establish. Players wear helmets so you can’t see their faces, and they are gone in 3 years for the next group of faceless players. They have no intrinsic monetary value without the uniform. Until they get to the NFL. Assuming they do if they don’t go to college.

I’m all for the players getting what they can. But the truth is they’ve never had the leverage they thought they did, and their “woah is me, we are the product, we should get more money” is misguided. College football is the product, not the revolving door of players. Again, I’m all for them getting what they can. But I hope they don’t think this is gonna be the norm. Sure, I bet it was fun as frick being a Miami fan from ‘83 to ‘02, and I can see a rich dude throwing $9 million at a QB in hopes they can recapture that. But either they will or they won’t, either way, that chase is not gonna be as exciting for too long and the market will self-correct. It has to—there’s just too many players to sustain that.
Posted by BourreTheDog
Member since May 2016
2298 posts
Posted on 6/28/22 at 10:27 am to
quote:

The professional leagues self impose a business framework in order to promote the game. That's what I'm proposing here for the NCAA.


NCAA can’t do any of this w/o violating several Antitrust Laws. Also, if the were to impose / regulate / de facto compensate, there are all kinds of EEOC issues involved dealing with required benefits, specifically Workman’s Comp.

This is why NCAA tried to force Congress’ hands for legislation - Congress saw the mess and said NOPE, so here we are.
Posted by GumboPot
Member since Mar 2009
118665 posts
Posted on 6/28/22 at 10:33 am to
quote:

Like the thought but I don't think the NCAA has ever proven the ability to catch those that cheat.


It would just be regulated on NIL player tax returns.

quote:

If your rule goes into effect we are back at under the table deals.


There has always been this and there will always be this. But getting caught there will be consequences like future cap hits.
Posted by Geauxldilocks
Member since Aug 2018
2431 posts
Posted on 6/28/22 at 10:38 am to
quote:

Don't place NIL caps on student athletes. Place them on NCAA member schools


I’m going to assume you are employed. Most every industry in America has a trade association where your employer might be a member to use the association for collective marketing, research, lobbying, etc.

The NCAA is just that, following the lead of its member institutions like LSU. The NCAA does NOTHING without its board (member schools) approval.

In your suggestion, your employer’s trade association should mandate a cap on what they pay you for your services. It’s a ridiculous suggestion that would be sued by you and other employees and you would win handily.

If you do not like the NIL parameters, vote with your eyes and feet (and don’t want or go). I’m sure many will feel the same disgust and walk away. I’ve long since lost the emotional attachment to LSU athletics and invest in more productive areas. I still root and enjoy watching LSU compete and win, but where it used to be a 9 or 10 priority it’s now a 2-3. I post more on the OT board as a result.
Posted by GumboPot
Member since Mar 2009
118665 posts
Posted on 6/28/22 at 10:38 am to
quote:

Any cap or perceived cap would be struck down in court.


It's a cap on NCAA member schools, not players.

Schools have a right to associated with NCAA member schools and if NIL athletes want to associate with those member schools they have to meet the terms of the NCAA otherwise they can go play in another league. Freedom of association. American as apple pie.
Posted by DBG
vermont
Member since May 2004
71299 posts
Posted on 6/28/22 at 10:43 am to
What you’re missing though is that the vast majority of athletes earning potential is inextricably tied to the school. Olivia Dunne is an exception, but as Carl said, Bryce Young’s value at Grand Valley State is not the same as his value at Alabama.

Any attempt to restrict earnings(i.e. you can’t play at Alabama) will be struck down immediately.
Posted by GumboPot
Member since Mar 2009
118665 posts
Posted on 6/28/22 at 10:43 am to
quote:

The NCAA is just that, following the lead of its member institutions like LSU. The NCAA does NOTHING without its board (member schools) approval.


Well exactly. It would take a majority of NCAA member schools to implement self imposed NIL caps and those schools would give the NCAA the power to enforce the agreed upon rules.
Posted by GumboPot
Member since Mar 2009
118665 posts
Posted on 6/28/22 at 10:49 am to
quote:

What you’re missing though is that the vast majority of athletes earning potential is inextricably tied to the school. Olivia Dunne is an exception, but as Carl said, Bryce Young’s value at Grand Valley State is not the same as his value at Alabama.

Any attempt to restrict earnings(i.e. you can’t play at Alabama) will be struck down immediately.


Restricting Alabama to a cap is not restricting Bryce Young's value. If Alabama is up against the cap because Bryce Young made too much money last year then the burden is on Alabama to open cap space by restricting other Alabama NCAA athletes from the field of play or Bryce Young playing somewhere else. The burden is on Alabama to make room. If they can't, then Bryce can reduce is NIL or keep making his NIL and go play in another league. Alabama is not obligated to play Bryce Young because he gains most of his NIL value from Alabama's name image and likeness.
Posted by skullhawk
My house
Member since Nov 2007
22961 posts
Posted on 6/28/22 at 10:50 am to
I don't think it's fixable, and if the NCAA tried to ban it, they'd get sued. The only thing you can hope for is a market correction. Some of these desperate wannabe programs will fail, their boosters won't be willing to pitch in the cash with no return, and the dollar amounts will come down.

In its current state, NIL + portal will destroy the sport within a decade. I believe that when revenues dip due to losing interest and more and more funds get allocated to players, the good coaches will bolt to the NFL. Most assistant coaches would prefer to be in the NFL, but premier programs are throwing so much money at them that they can't turn it down.
Posted by GumboPot
Member since Mar 2009
118665 posts
Posted on 6/28/22 at 10:53 am to
quote:

I don't think it's fixable, and if the NCAA tried to ban it,


This proposal is not banning NIL. It's a reorganization among NCAA member schools with NIL caps.

quote:

they'd get sued


Of course they would. We are a litigious society. We sue for everything.
Posted by DBG
vermont
Member since May 2004
71299 posts
Posted on 6/28/22 at 10:54 am to
quote:

then the burden is on Alabama to open cap space by restricting other Alabama NCAA athletes from the field of play


This will not be allowed to happen. That’s the whole point.

The Supreme Court took a giant shite on the ncaa already. They’ll do it again.
Posted by ForeverEllisHugh
Baton Rouge
Member since Aug 2016
14779 posts
Posted on 6/28/22 at 11:07 am to
The cap should be on the individual athletes
Posted by armsdealer
Member since Feb 2016
11494 posts
Posted on 6/28/22 at 2:26 pm to
NIL IS NOT PAY TO PLAY.

A gymnast making money off of her name and image should not affect the school in any way.
Posted by Salviati
Member since Apr 2006
5515 posts
Posted on 6/28/22 at 3:28 pm to
You either have to follow the antitrust laws, and make the players employees or union members who vote for a collective bargaining agreement.

- OR -

You have to get Congress to make an exception to the antitrust laws.
Posted by moneyg
Member since Jun 2006
56365 posts
Posted on 6/28/22 at 4:03 pm to
quote:

What about this NIL idea? The NCAA should place NIL caps on member schools.



Is it your understanding that the NCAA just hasn't considered limiting NIL?

Or, is it more likely that they simply have no ability to limit it.

There's no controlling NIL. You can't tell a kid he can't sign a deal because the school is at a cap. And, you can't prevent the school from going beyond the "cap" by having boosters pay kids.

If you want to solve this issue, you have to be willing to investigate and punish schools who are using NIL to buy players. The problem with that is ALL SCHOOLS ARE USING NIL TO BUY PLAYERS.
Posted by UpstairsComputer
Prairieville
Member since Jan 2017
1567 posts
Posted on 6/28/22 at 6:24 pm to
I wonder if creating “classes” based on NIL disclosures that puts an athlete under different transfer portal rules could be accomplished. For example, if they’re over 50k in NIL deals, they go back to the old transfer rules that require sitting out a year…

Doesn’t stop these massive deals or cap anything and tightens up the portal issue - which is really the only thing they can control. Maybe stops a kid from just taking any money a booster is willing to throw their way and because the rosters aren’t as fluid, limits the number of players that can actually get deals anyway because of max player limits.

Doesn’t solve the whole problem, but does everything the ncaa can do to slow it down. Thoughts?
Posted by Dead Snake
Member since Jun 2022
175 posts
Posted on 6/29/22 at 12:40 am to
quote:

Then no one would be able to afford a Livvy Dunne. And she would either sue and we'd be right back where we are now or some title 9 bs would force a school to pay women more


Oh no whatever will we do without an average gymnast who cares more about TikTok than winning
Posted by TigerStripes30
Alexandria, LA
Member since Dec 2011
6369 posts
Posted on 6/29/22 at 6:38 am to
quote:

The NCAA should place NIL caps on member schools.


There will be lawsuits out the arse...who is the NCAA to say how much someone else is worth...the system is broken and i am not sure how its to be fixed
Posted by boxcar willie
kenner
Member since Mar 2011
16035 posts
Posted on 6/29/22 at 9:43 am to
quote:

when companies figure out many of the student-athlete endorsements aren't worth the amounts we are seeing now.


this made me laugh. Some people still, at this point, seem to believe NIL is about companies and endorsements
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