Should schools have to pay for transfers?

[auror]

Can NIL deals be for multiple years?

And players should only be allowed to transfer once without. After that, future transfers must sit a year.

Current nil deals can be multiple years but they cannot be tethered to playing at a particular school. Revenue sharing deals would likely not have that same restriction.

The transfer sitting thing we've been over a bunch. Courts said you can't restrict that, because you can't restrict someone's earning potential.

 

[Greg]

NIL contracts raise big questions on employment and pay-for-play

Direct payments to athletes in the expected $2.8 billion NCAA settlement might not solve schools' legal woes

www.espn.com

It's very clear in this article that such statements (which do exist) almost certainly makes athletes into employees.

It will be litigated. The universities and NCAA will lose. And every college athlete will become an employee, monumentally increasing costs to run athletic programs. It will kill college athletics. You may have a few schools who can run football and basketball programs. The rest can kiss their programs goodbye.

Not true, might actually lower the costs for most schools. Pay them all like teaching assistants

 

[NHUConnfan]

Not true, might actually lower the costs for most schools. Pay them all like teaching assistants

LOL!

 

[CL82]

You're the one who literally does not understand that there are LAWS that regulate student rights. These are STUDENT ATHLETES.

If you're so worked up over this, maybe college basketball isn't the right sport for you. Get a grip.

So if a student gets a summer job on campus do "the laws" say they can't be fired?

 

[NHUConnfan]

So if a student gets a summer job on campus do "the laws" say they can't be fired?

Well currently, student athletes are not classified as employees at all. But also your scenario is totally missing the point?

 

[CL82]

Well currently, student athletes are not classified as employees at all. But also your scenario is totally missing the point?

No, you're missing a point. What if a student, let's make him not a student athlete, has a job on campus. And let's say he just stops coming. He decides it's too much hassle. Does the fact that he is a student provide some type of rights that give him protection in his job?

 

[NHUConnfan]

No, you're missing a point. What if a student, let's make him not a student athlete, has a job on campus. And let's say he just stops coming. He decides it's too much hassle. Does the fact that he is a student provide some type of rights that give him protection in his job?

No and that's not the issue here. Everyone is looking for ways to prevent transfers. They cannot do this. There are plenty of protections for students via FERPA in addition to accreditation policies for universities that essentially make it legally impossible for universities to prevent transfers.

Basically what people want is for them to be employees and not students at all, and at that point, it's not college athletics anymore. And colleges will be HAPPY to be out of the game if it devolves to that point.

 

[CL82]

No

So you're saying that a job at the University is separate than being a student at the university? I agree. So what if that job was being an athlete?

 

[NHUConnfan]

So you're saying that a job at the University is separate than being a student at the university? I agree. So what if that job was being an athlete?

No, there are plenty of agreements where employment at the university is specifically tied to a student's eligibility.

Maybe I should preface that I have a degree in Higher Education Administration and had to study law as part of that degree. I have a much more nuanced understanding of the complexities at play here.

 

[CL82]

No, there are plenty of agreements where employment at the university is specifically tied to a student's eligibility.

Maybe I should preface that I have a degree in Higher Education Administration and had to study law as part of that degree. I have a much more nuanced understanding of the complexities at play here.

Well, let's see if that's actually true.

So far, you agreed that the fact that someone is a student doesn't give them any protections regarding their employment, and have further agreed that that is true even if, at some point in the future, that employment was being a student athlete.

Now, let's take the case of a non- student where someone is employed for a specific term of years at a certain salary. The employment agreement specifically provides for a forfeiture agreement, whereby if that person terminates their employment prior to the end of the term, they have some type of early termination penalty. Is that allowed?

 

[NHUConnfan]

Well, let's see if that's actually true.

So far, you agreed that the fact that someone is a student doesn't give them any protections regarding their employment, and have further agreed that that is true even if, at some point in the future, that employment was being a student athlete.

Now, let's take the case of a non- student where someone is employed for a specific term of years at a certain salary. The employment agreement specifically provides for a forfeiture agreement, whereby if that person terminates their employment prior to the end of the term, they have some type of early termination penalty. Is that allowed?

Why are we even talking about non-student employees? They are 100% irrelevant.

And I also didn't say that their student status doesn't give them protections. I didn't agree with your example which has many other issues. For student employment (that is, positions that are tied specifically to students), there are absolutely rules around their student status that ties into the terms of that employment. None of those terms are about clawing back money for work done. I'm specifically talking about their ability to transfer. If you think if School A puts in a clause to claw back funds if they decide to transfer, that will never prevent a student from still packing their bags and entering into that university and employment at that university. Their protections as a student protects their ability to transfer. And recent rulings around restricting future earnings will prevent the second part of that.

What I sense that you're getting at is trying to sever their status as students...and again, that's not college athletics. End of story. If that's what you're truly advocating, you're advocating for an amateur league, and if you think cash-strapped universities are the ones to create this, lmfao

 

[CL82]

Why are we even talking about non-student employees?

Be patient, it's a little bit "nuanced" but we'll get there.

So far, we've agreed that the fact that someone is a student doesn't give them any special protections regarding their employment and further have agreed that that continues to be true even if that employment is being an athlete. Now we've established that in the case of someone is employed for a specific term of years at a certain salary, the employment agreement can specifically provide for a forfeiture agreement, whereby if that person terminates their employment prior to the end of the term, they have some type of early termination penalty.

So taking all those principles cumulatively, then, if a student has a separate job as an athlete and they agree to stay for a specific term of years or suffer a forfeiture penalty if they leave early, then the mere fact that they were a student wouldn't make that forfeiture penalty void. Or do you see something in FERPA that says otherwise?

 

[Jaker]

nothing is free

 

[NHUConnfan]

Be patient, it's a little bit "nuanced" but we'll get there.

So far, we've agreed that the fact that someone is a student doesn't give them any special protections regarding their employment and further have agreed that that continues to be true even if that employment is being an athlete. Now we've established that in the case of someone is employed for a specific term of years at a certain salary, the employment agreement can specifically provide for a forfeiture agreement, whereby if that person terminates their employment prior to the end of the term, they have some type of early termination penalty.

Nothing I said aligns with anything you wrote here.

 

[CL82]

Nothing I said aligns with anything you wrote here.

Actually, it it does step-by-step. But I get it, what I wrote wrote was a little "nuanced" so you might've missed it at first glance.

 

[NHUConnfan]

Actually, it it does step-by-step. But I get it, what I wrote wrote was a little "nuanced" so you might've missed it at first glance.

No it doesn't lol

You first reply is a wild (and incorrect) assumption and I flatly rejected it.

And because you're grossly mischaracterizing what I said and doing so in bad faith, I'm disengaging.

 

[CL82]

No it doesn't lol

You first reply is a wild (and incorrect) assumption and I flatly rejected it.

And because you're grossly mischaracterizing what I said and doing so in bad faith, I'm disengaging.

All I did was ask questions and you answered them individually, you just didn't like the cumulative result. It seems pretty straightforward to me, but, I guess, to some, it might be a little nuanced even for a self-proclaimed FERPA expert.

 

[Vowelguy]

Geno made a comment this week about players should have buyouts.

I guess he doesn’t understand college athletics either.

 

[Vowelguy]

 

[huskymedic]

 

[Vowelguy]

@businesslawyer is it too late for me to get a patent for my idea?

 

[PBX71]

I do not disagree at all, except the schools should receive the monies and be used towards future NIL/etc.

 

[Vowelguy]

Tenn QB skipped practice in a holdout for more NIL money.

I don’t see how the current situation is sustainable. More and more like pros but without contracts.

 

[controlfade]

@businesslawyer is it too late for me to get a patent for my idea?

I do not totally agree with paying buyouts for players necessarily but it’s not a bad idea. I do believe they should have contracts and allowed to transfer 1x without having to sit out a year. If they do transfer a 2nd time, they need to have been at current school for a minimum of 2 seasons or sit out a year. This current system can not hold up with 2k plus kids in the portal every year.

 

[HooperScooper]

Tenn QB skipped practice in a holdout for more NIL money.

I don’t see how the current situation is sustainable. More and more like pros but without contracts.

Supposedly there are NIL contracts. I'd imagine there will be contracts for revenue sharing.

On Thursday, On3.com reported that Iamaleava and the NIL collective at Tennessee were working on a new contract. Several other quarterbacks, including Miami's Carson Beck and Duke's Darian Mensah, have signed NIL deals for significantly more money this offseason, and Iamaleava was looking to renegotiate his deal.

Sources: Iamaleava no-shows Vols amid NIL talk

Quarterback Nico Iamaleava did not attend Tennessee's spring practice Friday amid ongoing NIL negotiations, sources told ESPN.

www.espn.com