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Game Changer [1685]
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I've been noodling this NIL stuff as it relates to football
Jun 17, 2022, 2:08 PM
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and while I havent read the legal (likely because there are not any rules thanks to the NCAA), I believe one solution could be as follows:
-No paid social media endorsements. Basically require the 'sponsor' to also fund a local TV/radio commercial, pay to run print ads, etc rather than a big corporation or tech company. All on the sponsor's dime to cover the real costs and put that into the local market (of the college).
-As part of any advertisement/endorsement, there should be all the legal mumbo-jumbo you see on the political adds at the bottom explicitly listing the sponsor. No shell corporations (then we can look up Jimbo's ATM NIL donors since he doesn't know who they are).
-Lastly, all endorsement deals must be a minimum of (2) scholastic years, and structured with a reasonable % signing bonus but the majority paid out in small increments (that's how 99% gets paid because if we don't show up the Sizzler boss cancels our Friday check).
----Then If a kid gets hurt within that two-years, the sponsor is still obligated to pay the balance of the contract (just like if you get hurt at work)
-----However, if the kid transfers, the sponsor has to pay the SCHOOL the balance of the contracted amount (in theory year 2).
This has legs I think, but let me know what your thoughts are.
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Orange Immortal [68087]
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Set maximum per person amounts that no school can exceed...
Jun 17, 2022, 2:57 PM
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A small percentage is paid annually. The majority is paid upon graduation.
You leave early, you leave money in the bank. You want to transfer, you leave money in the bank.
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Tiger Spirit [9936]
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Re: I've been noodling this NIL stuff as it relates to football
Jun 17, 2022, 3:38 PM
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NIL is between an athlete and his or her employer. There are no NCAA rules because the law says the athletes have a legal right to earn money and the fun task of paying taxes on the money. NIL is really pretty simple but one thing nobody talks about is athletes who live and earn in states that have no state tax will earn a bit more. We have state tax in SC but 99% of all athletes who earn in the state will not make enough to pay the tax.
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Orange Beast [6372]
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Re: I've been noodling this NIL stuff as it relates to football
Jun 17, 2022, 4:42 PM
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Well then, the athlete has a legal right to go to Georgia and get paid money to attend by boosters who expect nothing in return and complete secrecy!
Once the athlete signs with a school, the school (or NCAA) can restrict what that athlete does, LEGALLY! That is what happens for others when they get a job (they can be fired for posting something on line). You get a salary, and lose some freedoms!
The athlete agrees to go to the school and get a free education (worth say, $120,000), free food, free board, a stipend of around $10,000 a year, free training programs (pros spend around $3k a week for this during preseason), free counciling programs, free nutrition advice, free medical, and much more.
At a big time football school, the value of the 4 year scholarship will run around $125,000 a year in benefits a year, tax free!
But, we do not need to be thinking about this! We have a few "gifted" athletes who can make more money than the average Joe out there, so let's put it all under jeopardy and start paying these exceptional athletes...who cares about those rated below 4 stars!
Message was edited by: JPRICH Top Paw®
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Game Changer [1685]
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Re: I've been noodling this NIL stuff as it relates to football
Jun 17, 2022, 9:20 PM
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I agree with you, there is certainly a value to an education. And I do understand the 'pay to play' aspect and where that conflicts, but at this point NIL is completely wild with zero oversight. The toothpaste is out of the tube.
In general, I just think there has to be some logical balance. Heck even pro sports have a salary cap!!
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Game Changer [1685]
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Gridiron Giant [16007]
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Re: I've been noodling this NIL stuff as it relates to football
Jun 17, 2022, 6:47 PM
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I thought this was about noodling catfish
https://www.tiktok.com/@bamanoodling/video/7003154892038720774bamanoodling on TikTok 18.6K Likes, 346 Comments. TikTok video from bamanoodling (@bamanoodling): "@brylie.stclair getting it done on a big ol Flathead Catfish! #BamaNoodling #fyp? #Girlswhofish #CountryGirls #BeastMode #CatfishNoodling". OMG.
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Game Changer [1685]
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Re: I've been noodling this NIL stuff as it relates to football
Jun 17, 2022, 9:10 PM
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Not a bad take, she's OK. I'd like to see a bit heftier gal with her arm all the way down the throat...you know, under a rotting tree stump in Beaufort where a snapping turtle could be lurking...
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Clemson Icon [27697]
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Re: I've been noodling this NIL stuff as it relates to football
Jun 17, 2022, 7:42 PM
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Pretty sure SCOTUS has ruled those restrictions unconstitutional.
I look at it this way. Frank Freshman enters Clemson University. He can go out and get a job and get paid what the market will bear. There are virtually no restrictions on him. Quincy Quarterback inters Clemson. Any restrictions put on him by Clemson, the ACC, or the NCAA which don't apply to Frank are unconstitutional.
I'm no attorney, but I understand the SCOTUS ruling forbids schools or the NCAA from restricting athlete's outside earing potential.
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Game Changer [1685]
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Re: I've been noodling this NIL stuff as it relates to football
Jun 17, 2022, 9:14 PM
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I think that has been the traditional understanding, and I do understand that an individual has all the rights to do with their NIL that they please (hence the SCOTUS).
But if you limit corporations/taxable entities, that does not deprive an individual. I'm not as fresh on campaign law either, but in general I was thinking "PAC" theory and their messages at the bottom of the screen, transparency, etc.
Transparency I think is really what everyone wants.
[Just to add one more nuance...Someone can only donate like $500 to the salvation army santa a year and get a tax break...maybe there is some cap for individuals or corporations for what they can donate, then it has to be all free and clear...let the IRS manage the schools...in 15-20 years Jimbo will be in a White Collar Prison!]
Message was edited by: WarDaddy17®
Message was edited by: WarDaddy17®
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Varsity [202]
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Re: I've been noodling this NIL stuff as it relates to football
Jun 17, 2022, 9:36 PM
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The schools can’t regulate as you suggest but the NCAA/Conferences are completely failing to use their most powerful weapon - ELIGIBILITY.
The NCAA, just like academic accrediting institutions, started to ensure competitive balance. The way to do that is simple - restrict eligibility using both academic progress and total NIL of the roster (i.e. NIL salary caps).
The Scotus ruling should have no effect on either of these two restrictions. Schools absolutely have the right (i’d say responsibility) to determine athletic eligibility based on meeting certain academic requirements. And athletic accrediting bodies, like the NCAA, absolutely have the right to determine roster sizes based on a collective number like an NIL cap in order to ensure competitive balance.
So the solution is simple:
1) reinstate the one-year waiting period for transfers on academic grounds (with no exceptions for athletes moving up or down a division, because that would make no sense academically; only the graduate transfer exception makes sense). I would even argue that they should put in a one-year waiting period for athletic eligibility for any undergraduate, including entering freshmen. The purpose is to give the STUDENT Time to acclimate academically before asking them to compete athletically.
2) create and NIL caps, which can be scaled by division if groups of schools so desire. Roster sizes could even be scaled according to total NIL, so that after a certain maximum NIL total is reached, the eligible roster for that season is reduced according to the scale.
These two changes would not restrict the NIL earnings of any individual student, nor would they affect the academic benefits for any student. I would argue they would actually enhance the academic benefits.
Students who fail to correctly report NIL to their athletic department would be ineligible from competition for the next season and the school would lose one roster spot.
Problem solved.
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Orange Blooded [2458]
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Re: I've been noodling this NIL stuff as it relates to football
Jun 18, 2022, 11:59 AM
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Lot of good stuff on this thread. I’m with you on restrictions you outlined. Makes a lot of sense
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CU Medallion [18981]
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Re: I've been noodling this NIL stuff as it relates to football
Jun 18, 2022, 3:43 PM
[ in reply to Re: I've been noodling this NIL stuff as it relates to football ] |
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I agree that the NCAA and its member institutions still retain the ability to impose overall program limits on NIL, just like they do with roster size limits, that would determine whether the program itself would be eligible to compete for championships or not should it exceed an agreed-upon NIL cap. This does not restrict any individual or their particular eligibility to compete, though just like roster size limits it could impact where they may be able to attend based on a program's overall NIL volume.
The same way a kid can't enroll with a school that is over its scholarship limit, an NIL limit can serve the same purpose. Roster size rules are in place to protect competitive balance and the health of the overall sport. A similar approach to NIL would serve the same purpose.
For transfers, I'm okay with a 1st-year kid being able to do so without penalty, or a degreed student; all others should have to sit a year. Schools found tampering with enrolled students should lose scholarships at a 2x rate for each incident as punishment.
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Game Changer [1685]
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Re: I've been noodling this NIL stuff as it relates to football
Jun 18, 2022, 5:52 PM
[ in reply to Re: I've been noodling this NIL stuff as it relates to football ] |
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Very interesting. I think the NIL caps is a very easy, common-sense, logical move. Mirrors pro-sports.
Where you say "I would even argue that they should put in a one-year waiting period for athletic eligibility for any undergraduate, including entering freshmen."
Does that basically mean any frosh would essentially be red-shirted (being required to complete one academic year before playing)? No athlete wants to take a year off, so I'm assuming they would do all the camps/practices/meetings, etc. just would not be able to play (or maybe more than 4 games)?
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