Re: I've been noodling this NIL stuff as it relates to football

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.

bhamtiger

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Jun 17, 2022, 9:36 PM

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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