Re: TNET: Dabo Swinney proven right about NIL, NCAA must act soon

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May 3, 2022, 3:44 PM

Another superb article from the prolific Ryan Cantor (and by 'prolific' I'm not suggesting that you have dozens of unidentified offspring wandering around the upstate).

Ryan, here is a counter-intuitive thought about how to make the NIL less palatable to the super wealthy colleges.

First, a question: Does the current NIL deal mandate that the student athlete recipient of the NIL always get the full amount of the NIL deal ... or can the NIL deal be conditional. I.e., can some or all of the NIL get revoked if the player either doesn't play well enough, fails to show up for his or her promotional events / advertising shoots, or if he / she gets suspended or leaves the school?

(*) If any part of the NIL is 'voidable' by the NIL-sponsoring entity, then here is something that the NCAA might be able to do to impose a 'risk variable' to the NIL-sponsoring entity ... and also to the "University of NIL Portal Ho's" finances:

(***) The NCAA should require that all NIL money must be guaranteed to be paid in its entirety to the athlete ... without any stipulations as to the athletes performance, academic eligibility, or criminal record.

(I..) The 'NIL guarantee' must be contractually assured (with an insurance policy behind it ... e.g., a Lloyds of London type insurance company) so that full payout (regardless of conditions or circumstances surrounding the NIL athlete) is assured.

The 'NIL guarantee' can either be done via:
(1) by the private entity(s) which are supporting the NIL
-or-
(2) the University which has the NIL athlete playing for them.

Doing so will introduce a 'risk calculation' factor for the University and/or the private entity which funds the NIL for the athlete in question.

(???) What about this being 'unfair' from a legal perspective to the businesses which want to NIL payments to get athletes to promote their products?

Here goes:

Since the NIL athletes are also full time students, the NIL paid athletes ... same as regular college students (e.g., non-athletes) who take jobs delivering pizzas or painting apartments ... must balance their 'job' with their education. Same with the Portal / NIL athlete.

But (let's be candid here) since there are a large % of athletes who come from not-wealthy families, then it could be considered as abusive for a private entity to 'lure' a not-fully-adult (i.e., less than 21 year old [too young to legally drink]) into agreeing to a NIL deal which is not fully guaranteed.

(II..) Oh yes, and if the Portal Ho' decides to leave his NIL-beneficiary school to pursue another NIL opportunity, then he gets to keep the entirety of his first NIL benefits and also to get new NIL benefits at the next school.

Maybe point (II..) is a bit much, but you get my drift.

Finally ... the P.R. problem for schools who object to such one-sided NIL rules from the NCAA will be viewed as welchers or cheats who are trying to fool kids into a contract from which the school / boosters can readily extract themselves.

SUMMARY: Introduce some risk into the Portal Hog / NIL Universities.

POSTSCRIPT: Also, the NCAA needs to get serious about announcing statutory long term penalties to colleges like UNC who commit academic fraud in order to keep their athletes eligible. This puts further pressure on the colleges to (a) not cheat [because of accreditation risk] and (b) not cheat [because of NIL liability risks].

Thanks again for the article!

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Seriously we need to pray for these kids, very few are mature enough to handle the negotiation, the money, pressure & failure to make what they thought they deserved for their family.

Let’s be real, the coots-> the coots could buy a great team! That would really destroy the SEC plan.

The courts need to be challenged again on several new plans so legally their are some priorities. The whole system that was meant to develop players while providing an education has been paying for basically all the other sports as well.

This could not only destroy most football programs but also all the other sports being funded especially when other athletes sue because the football players are making more money.

This whole system is in a bigger crisis than most know and greed is being promoted. The biggest thing not yet mentioned that could topple the whole thing is when NIL money is used to affect gambling on the games. These NIL money supporters could use the power of their money to get the results they want by having their players throw games for big paydays that all their money supported kids get their cuts or raises. Who could legally stop it or prove it? Money becomes the root of much evil ??

Seriously we need to pray for the powers that be over football/sports before it’s to late to save what should be a rewarder of the student athletes and fans as well.

As tax payers we should be able to influence what’s done in the schools with the money going to these schools. I can’t imagine the money from NIL wouldn’t be taxed as well unless this is setup as a reward when they graduate so they could save their money for the future.

These kids brains aren’t fully formed until age 23, it would be a huge help for them to graduate before they could touch most of it ?? as an incentive for an education unless they qualify to go pro in year 3, then get their money or have an option to come back,for another year.

Dabo will go coach in the professional rank if this continues down this path and I can’t blame him. It’s crazy how the media attacks those who speak up for what’s best for these kids, that’s all Dabo wants.

Message was edited by: HumbleServant®

TNET: Dabo Swinney proven right about NIL, NCAA must act soon