NCAA Imposing Much Stricter NIL Rules

[TheOriginalCane]

This is going to be a mess of epic proportions and I’d love to get some of the other attorneys on this site to weigh in who do more civil litigation. My work was all criminal.

First, the NCAA rules are their own rules so they can ostensibly create whatever crazy rules they want so long as the members agrees to the new rules. So yes the NCAA can create it’s own standard of proof that hearsay is considered actual evidence in this limited scenario. Because anonymous tips are the definition of hearsay since the person making the tip is unavailable to be examined by the party against whom he is making the tip. Think of someone calling the police and claiming you sell drugs, and the Govt can use that phone call as evidence in court and NOT have to produce the tipster. That is hearsay and NOT allowed in court unless the tipster testifies.

Second, while I hate to write these words, Nick Saban is correct. Without legal protection (Anit-Trust), the NCAA will be sued in court over and over again if their rule runs contrary to state law. And since states can have 50 different laws on NIL, and since I expect most state laws to protect their universities against the NCAA enforcement, the NCAA is screwed. What Saban is discussing is what Major League Baseball has which is an anti-trust exemption which makes it very hard to sue MLB in court. This was granted to MLB a very long time ago when baseball owners and congress people were much closer than they are today. This is how baseball kept people from becoming free agents until Kurt Flood and Marvin Miller kicked that door open. Today, Congress is much more concerned with it’s perception as being closer to the people and not tied to an institution that few care for; the NCAA

Third, going back to the 2nd point, the NCAA will be opening itself to litigation in 50 different states. And most importantly, in state court, not federal courts. So elected judges, or local juries, will be tasked with deciding state laws and rendering decisions for or against universities inn their state. Guess which side will win. Not to mention that the NCAA rules on hearsay will not hold up in court. When NCAA rule runs contrary to state law, state law wins.

Fourth, we have a very, very pro free market Supreme Court in its conservative justices, and very pro-individual rights Supreme Court in its liberal justices. Which means they can actually be unanimous in finding on behalf of the players and school against the NCAA and any rule that stifles the player’s right to make money from NIL. Indeed, the dislike of the NCAA may end up as the galvanizing force that brings conservatives and liberals together.

I just don’t see who this ends well for the NCAA.

Yup, yup, and yup.

In fact, Alston was a unanimous decision, which is RARE given the distinctions on the current Supreme Court.

 

[DerpaDerp]

I seriously doubt we’ll get caught in any wrong doings but I also believe they’ll find a way nationally to restrict the benefit that the likes of Ruiz have given us going forward

I'd love to see that, because if they did, you have to restrict Dr Pepper. You have to restrict some A/C company who hired DeColdest to rep them. Some moving company hired TVD to rep them, and why because NFL guys go for **** tons more cash than a college guy does.

Its an endless parade of agencies and companies you have to ask to speak to and....that's not going to happen.

 

[Katzenboyer]

Does it make a difference that you signed up for a set of rules and the didn't agree to drastic changes to those rules? Or by signing up initially you're basically going along with all future changes?

It depends. If you sign up for a set of rules that says "players can receive NIL," and the NCAA changes things to say "players can receive NIL but only 20 years after you graduate," that's significant enough to constitute the same antitrust violations that were alleged in Alston.

Here, that's not the case. The NCAA is saying "players can receive NIL, but you can't pay-for-play, which is already precluded. If you're alleged to be a violator, we do not need direct witness testimony (i.e., circumstantial evidence is enough) to prove a violation." Much different.

People get convicted of murder on circumstantial evidence. This is not a huge, landscape-altering rule change, and the courts will leave it alone.

 

[DerpaDerp]

It depends. If you sign up for a set of rules that says "players can receive NIL," and the NCAA changes things to say "players can receive NIL but only 20 years after you graduate," that's significant enough to constitute the same antitrust violations that were alleged in Alston.

Here, that's not the case. The NCAA is saying "players can receive NIL, but you can't pay-for-play, which is already precluded. If you're alleged to be a violator, we do not need direct witness testimony (i.e., circumstantial evidence is enough) to prove a violation." Much different.

People get convicted of murder on circumstantial evidence. This is not a huge, landscape-altering rule change, and the courts will leave it alone.

This therefore applies to collectives, not a company wanting to hire you for promotional consideration.

 

[Angry Ibis]

In other news, CIS legal team - your time to shine is upon us: the ACC is hiring a General Counsel:

General Counsel
Spotlight
Preferred
The Atlantic Coast Conference
Charlotte, North Carolina, United States (On-Site)
19 days ago
APPLY NOW
Description
Company Description
The Atlantic Coast Conference, now in its 70th year of competition and 15 members strong, has long enjoyed the reputation as one of the strongest and most competitive intercollegiate conferences in the nation. ACC members Boston College, Clemson, Duke, Florida State, Georgia Tech, Louisville, Miami, North Carolina, NC State, Notre Dame, Pitt, Syracuse, Virginia, Virginia Tech and Wake Forest continue to build upon the cornerstones on which the league was founded in 1953 with a consistent balance of academics, athletics and integrity. The ACC currently sponsors 27 NCAA sports – 14 for women and 13 for men – with member institutions located in 10 states. Women’s gymnastics will become the league’s 28th sponsored sport in the 2023-24 academic year. In August 2019, ESPN and the ACC partnered to launch ACC Network (ACCN), a 24/7 national network dedicated to ACC sports and league-wide original programming. For more information, visit theACC.com and follow @theACC on Twitter and on Facebook (facebook.com/theACC).

Scope and Responsibilities
The Atlantic Coast Conference (ACC) is seeking candidates for the newly created position of General Counsel. This individual will report directly to the Commissioner, serve as a member of the Executive Team, and play a leadership role in setting the strategic vision of the Conference.


Requirements
Specific Responsibilities –
• Oversee and be responsible for all legal matters and enterprise risk management of the Conference.
• Manage litigation and other claims, internally and with the assistance of outside counsel.
• Provide counsel on all legal matters, including local, state, and federal laws, rules, and regulations,
• Conference and NCAA rules and bylaws, as well as laws pertaining to, without limitation, personnel, contracts, tax, liability, antitrust, and insurance.
• Provide legal consultation to the Board of Directors, Executive Committee, Advisory Committees, Conference committees and service groups.
• Develop and manage an annual legal budget for the Conference.
• Serve as the primary point of contact for the Conference institutional General Counsels.
• Manage the relationships of outside legal providers to include selecting and retaining outside counsel and negotiating fees.
• Assist office leadership with developing a culture of diversity, equity, and inclusion.
• Perform other duties as assigned by the Commissioner.

Key Selection Criteria
Bachelor’s Degree.
Juris Doctor from an American Bar Association accredited law school.
Active license to practice law, in good standing with the corresponding state bar association, and admittance to the North Carolina state bar within a reasonable period after employment.
10+ years of experience in the practice of law with a preference for experience in one or more of the following: business transactions, corporate governance, collegiate sports, non-profit organizations, and major litigation.
Strong research, analytical, and investigative skills, and the ability to document and present findings in a clear and concise manner.
Proficient computer literacy skills and familiarity with Microsoft Office Suite, databases, and relevant legal software.

Note: Salary and benefits package will be competitive and commensurate with experience. Review of applicants will begin immediately and continue until the position is filled. Effective August 2023, the Atlantic Coast Conference office will relocate from Greensboro to Charlotte, North Carolina.

DHR Global is assisting the Atlantic Coast Conference in this search. Initial screening of the applications and nominations will continue until an appointment is made. Individuals who wish to nominate a candidate should submit a brief letter of nomination including contact information for the nominee. Application materials should include a resume, cover letter, and references.

Submission of documents as separate PDF attachments is strongly encouraged. Inquiries, nominations, and application materials should be directed to DHR Global via the email: acc.generalcounsel@dhrglobal.com
Job Information
Job ID: 67694340
Workplace Type: On-Site
Location:
Charlotte, North Carolina, United States
Position Title: General Counsel
Company Name For Job: The Atlantic Coast Conference
Practice Setting: Legal Services
Role: Professional Legal Management
Practice Area or Specialty: Litigation
Job Type: Full-Time
Min Education: Juris Doctor
Min Experience: Minimum 10+ years
View your connections at The Atlantic Coast Conference

 

[TheOriginalCane]

It depends. If you sign up for a set of rules that says "players can receive NIL," and the NCAA changes things to say "players can receive NIL but only 20 years after you graduate," that's significant enough to constitute the same antitrust violations that were alleged in Alston.

Here, that's not the case. The NCAA is saying "players can receive NIL, but you can't pay-for-play, which is already precluded. If you're alleged to be a violator, we do not need direct witness testimony (i.e., circumstantial evidence is enough) to prove a violation." Much different.

People get convicted of murder on circumstantial evidence. This is not a huge, landscape-altering rule change, and the courts will leave it alone.

Biggest misunderstood concepts on CIS (or any internet board, for that matter):

1. First Amendment/Freedom of Speech
2. Circumstantial evidence
3. Hearsay evidence
4. Civil vs. criminal standards of proof
5. Three branches of government, separation of powers, checks & balances
6. Human Resources

 

[Home Slice]

This is going to be a mess of epic proportions and I’d love to get some of the other attorneys on this site to weigh in who do more civil litigation. My work was all criminal.

First, the NCAA rules are their own rules so they can ostensibly create whatever crazy rules they want so long as the members agrees to the new rules. So yes the NCAA can create it’s own standard of proof that hearsay is considered actual evidence in this limited scenario. Because anonymous tips are the definition of hearsay since the person making the tip is unavailable to be examined by the party against whom he is making the tip. Think of someone calling the police and claiming you sell drugs, and the Govt can use that phone call as evidence in court and NOT have to produce the tipster. That is hearsay and NOT allowed in court unless the tipster testifies.

Second, while I hate to write these words, Nick Saban is correct. Without legal protection (Anit-Trust), the NCAA will be sued in court over and over again if their rule runs contrary to state law. And since states can have 50 different laws on NIL, and since I expect most state laws to protect their universities against the NCAA enforcement, the NCAA is screwed. What Saban is discussing is what Major League Baseball has which is an anti-trust exemption which makes it very hard to sue MLB in court. This was granted to MLB a very long time ago when baseball owners and congress people were much closer than they are today. This is how baseball kept people from becoming free agents until Kurt Flood and Marvin Miller kicked that door open. Today, Congress is much more concerned with it’s perception as being closer to the people and not tied to an institution that few care for; the NCAA

Third, going back to the 2nd point, the NCAA will be opening itself to litigation in 50 different states. And most importantly, in state court, not federal courts. So elected judges, or local juries, will be tasked with deciding state laws and rendering decisions for or against universities inn their state. Guess which side will win. Not to mention that the NCAA rules on hearsay will not hold up in court. When NCAA rule runs contrary to state law, state law wins.

Fourth, we have a very, very pro free market Supreme Court in its conservative justices, and very pro-individual rights Supreme Court in its liberal justices. Which means they can actually be unanimous in finding on behalf of the players and school against the NCAA and any rule that stifles the player’s right to make money from NIL. Indeed, the dislike of the NCAA may end up as the galvanizing force that brings conservatives and liberals together.

I just don’t see who this ends well for the NCAA.

The NCAA has been so ****ed up for so long. Needs to implode

 

[Allabouttheu95]

Whose going to be the first student athlete in the nil Era to sue the ncaa? Going to be real interesting

 

[Angry Ibis]

Biggest misunderstood concepts on CIS (or any internet board, for that matter):

1. First Amendment/Freedom of Speech
2. Circumstantial evidence
3. Hearsay evidence
4. Civil vs. criminal standards of proof
5. Three branches of government, separation of powers, checks & balances
6. Human Resources

This is why we are submitting your resume and profile for the ACC GC role. Miami needs someone inside the conference.

 

[CaneFanWNY]

Sounds like a good way to give the top tier schools another advantage. Lose a recruit? Send an anonymous tip and the program in question is ****ed before any investigation even happens.

I didnt even read the article yet and im not even surprised that Miami was mentioned

 

[Category69]

Until all schools agree and move in one direction collectively and/or they establish a federal law, this will still be messy. With all the state level laws, stuff will be continuously fought in court and no progress will be made. The NCAA was supposed to be a collective moving in one direction but that's not the case anymore.

 

[Katzenboyer]

Biggest misunderstood concepts on CIS (or any internet board, for that matter):

1. First Amendment/Freedom of Speech
2. Circumstantial evidence
3. Hearsay evidence
4. Civil vs. criminal standards of proof
5. Three branches of government, separation of powers, checks & balances
6. Human Resources

And that Josh Heupel was Scott Frost's offensive coordinator at UCF.

 

[TheOriginalCane]

This is why we are submitting your resume and profile for the ACC GC role. Miami needs someone inside the conference.

I might be TOO Miami for the ACC.

Look, I get that not everyone on this board is always gonna like me or the things I say. But is there any doubt how much I love my alma mater, and how hard I will fight anyone who tries to crap on UM or its sports teams?

 

[Katzenboyer]

This therefore applies to collectives, not a company wanting to hire you for promotional consideration.

Unless the promotional considerations are fairy dust, and players cash checks for doing nothing more than signing on the dotted line on Signing Day.

Honestly, I don't understand the hysterics. This is really not a big deal.

 

[TheEye]

It depends. If you sign up for a set of rules that says "players can receive NIL," and the NCAA changes things to say "players can receive NIL but only 20 years after you graduate," that's significant enough to constitute the same antitrust violations that were alleged in Alston.

Here, that's not the case. The NCAA is saying "players can receive NIL, but you can't pay-for-play, which is already precluded. If you're alleged to be a violator, we do not need direct witness testimony (i.e., circumstantial evidence is enough) to prove a violation." Much different.

People get convicted of murder on circumstantial evidence. This is not a huge, landscape-altering rule change, and the courts will leave it alone.

But what if they DO have direct witness testimony like say, Jaden Rashada accusing Gator Collective of offering recruitment money on not one but TWO occasions?

 

[Wake_Cane]

Biggest misunderstood concepts on CIS (or any internet board, for that matter):

1. First Amendment/Freedom of Speech
2. Circumstantial evidence
3. Hearsay evidence
4. Civil vs. criminal standards of proof
5. Three branches of government, separation of powers, checks & balances
6. Human Resources

I propose an edit:

1. Law
2. Logical Reasoning
3. Human Resources

 

[Katzenboyer]

But what if they DO have direct witness testimony like say, Jaden Rashada accusing Gator Collective of offering recruitment money on not one but TWO occasions?

Offering money is not the issue. Offering money that's not based on NIL (i.e., showing up for appearances, having to promote something, etc.) is the issue, and I have no idea whether that's what the collective did.

It's why Ruiz is above board. Everything that is tied to NIL payments requires showing up to promote Life Wallet. If the players don't make the appearance, the contracts allow for recoupment of the money SPECIFICALLY BECAUSE it would be an NCAA violation if not.

 

[Gransapo]

 

[kyle_schick]

After the last NCAA investigation where they found literally nothing and simultaneously got caught breaking the rules, I wouldn't let any NCAA employees on campus.

More schools need to stand up the obviously corrupt NCAA.

Ruiz needs to invest in getting pro-Miami employees hired in these media companies and at the NCAA. If money isn't an issue, then spend it. Every aspect of CFB needs to be addressed to be competitive and that includes positive media coverage now more than ever.

 

[CreativeCane]

Offering money is not the issue. Offering money that's not based on NIL (i.e., showing up for appearances, having to promote something, etc.) is the issue, and I have no idea whether that's what the collective did.

It's why Ruiz is above board. Everything that is tied to NIL payments requires showing up to promote Life Wallet. If the players don't make the appearance, the contracts allow for recoupment of the money SPECIFICALLY BECAUSE it would be an NCAA violation to allow that.

We agree Ruiz is above board in that regard. But NCAA NIL rules say you can't use NIL for getting a player to commit to a specific school. That's the concern about accusations. They are absolutely after Ruiz and his tweets timed right before or after a guy commits. He really just will need to announce deals much later.

So you seem to know the legal stuff here. If SI (like in this very article) misrepresents Ruiz and Miami, can THAT be considered enough evidence unless Miami can prove itself innocent? Even if they were not involved in anything? Exactly how do you prove you didn't have an illegal NIL agreement for a commitment? "Here's 20k pages of texts and emails showing no agreement was made."