forums

NCAA Imposing Much Stricter NIL Rules

I think the board may be interpreting this wrong. Not sure fully because the author of the article wrote it very poorly. Need to see the actual bylaw. But I don't think this is saying they can use circumstantial evidence to bring penalties down on a school for violations, I think it is simply saying they can use it to escalate a case to charges and an expanded investigatory process.

So analogizing to criminal law... I read this as softening the standard for probable cause, not softening the standard for burden of proof to convict...
 
Advertisement
Katzenboyer said:
Nothing in the rule precludes players from collecting NIL checks. They're limiting the evidentiary standards for proving the "pay to play" arrangements we're seeing now, which are currently precluded in those same rules.

There's not a court in this country that's going to meddle in the evidentiary standards put in place by the NCAA. It just won't happen. You need a MAJOR issue -- for example, like NIL a few years back -- for courts to start sniffing around.

I practice law in this area. This is a big ol' nothing burger.
Click to expand...
I believe that, it's nothing. The NCAA started this mess, there's no way they can come back now and start making up the rules as they go, so to speak.
 
Wake_Cane said:
I think the board may be interpreting this wrong. Not sure fully because the author of the article wrote it very poorly. Need to see the actual bylaw. But I don't think this is saying they can use circumstantial evidence to bring penalties down on a school for violations, I think it is simply saying they can use it to escalate a case to charges and an expanded investigatory process.
Click to expand...


Correct. I think this is more "burden of production". The good ol' "rebuttable presumption". Bringing back some law school memories...

And I do Tax Law work, so I'm DEFINITELY familiar with the IRS "presuming" things...

:ROFLMAO:
 
Angry Ibis said:
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
Click to expand...
Off top of my head; @JD08, @JeddTheFisch and @TheOriginalCane and @No_Fly_Zone should all apply. Though I am certain we have other good lawyers on this site.
For attorneys in the corporate law sector, becoming a GC is considered a plum job. The GC gets to hire other lawyers to do the heavy lifting and gets to blame outside counsel if things go sideways. What could be better.
 
AtlAtty said:
Off top of my head; @JD08, @JeddTheFisch and @TheOriginalCane should all apply. Though I am certain we have other good lawyers on this site.
For attorneys in the corporate law sector, becoming a GC is considered a plum job. The GC gets to hire other lawyers to do the heavy lifting and gets to blame outside counsel if things go sideways. What could be better.
Click to expand...
@No_Fly_Zone is a better attorney than I.
 
Advertisement
As far as the Supreme Court case/Judicial landscape for the NCAA in further litigation...Not only was it 9-0, the majority opinion openly lamented that the plaintiffs in the case had limited their challenge just to the NIL issue and B.K. essentially begged for other plaintiffs to file broader challenges. NCAA is truly hanging by a thread legally.
 
AtlAtty said:
Off top of my head; @JD08, @JeddTheFisch and @TheOriginalCane and @No_Fly_Zone should all apply. Though I am certain we have other good lawyers on this site.
For attorneys in the corporate law sector, becoming a GC is considered a plum job. The GC gets to hire other lawyers to do the heavy lifting and gets to blame outside counsel if things go sideways. What could be better.
Click to expand...


Would I have to move to Kansas City?
 
FGreat p
Wake_Cane said:
As far as the Supreme Court case/Judicial landscape for the NCAA in further litigation...Not only was it 9-0, the majority opinion openly lamented that the plaintiffs in the case had limited their challenge just to the NIL issue and B.K. essentially begged for other plaintiffs to file broader challenges. NCAA is truly hanging by a thread legally.
Click to expand...
Great point.
You know ‘Alston only makes its way to the Supreme Court because the NCAA appealed the decision. So instead of limiting the decision to one state, they appeal and it applies in every state. Who are the NCAA attorneys and how are they still employed? I would venture they are still employed and created these new evidentiary rules. Seems like the same stupid fingerprints.
 
Advertisement
Wake_Cane said:
As far as the Supreme Court case/Judicial landscape for the NCAA in further litigation...Not only was it 9-0, the majority opinion openly lamented that the plaintiffs in the case had limited their challenge just to the NIL issue and B.K. essentially begged for other plaintiffs to file broader challenges. NCAA is truly hanging by a thread legally.
Click to expand...


This is the key bit.

I've openly mocked "I like beer"'s one-man concurrence, because it wasn't well-reasoned or well-written (and he could give a **** about people making fair wages), but the fact that all 9 could sign onto "hey, we like our balancing test, and we think we could take our balancing test out on a longer drive through the countryside" was much more significant.
 
AtlAtty said:
FGreat p

Great point.
You know ‘Alston only makes its way to the Supreme Court because the NCAA appealed the decision. So instead of limiting the decision to one state, they appeal and it applies in every state. Who are the NCAA attorneys and how are they still employed? I wonder venture they are still employed and created these new evidentiary rules. Seems like the same stupid fingerprints.
Click to expand...
I can tell you with certainty that the NCAA's counsel (its on record and its big dogs) was shocked and astounded that they lost and had it pegged as an 8-1 win for the NCAA. Confirmation bias is a *****
 
Advertisement
Wake_Cane said:
I can tell you with certainty that the NCAA's counsel (its on record and its big dogs) was shocked and astounded that they lost and had it pegged as an 8-1 win for the NCAA. Confirmation bias is a *****
Click to expand...


Might be the worst "read the room" team on the planet...

200.gif
 
No offense to SMD, but SI writer isn't the most competent character & repeatedly cites Miami in NIL pieces.
 
This stuff aint going anywhere. If you cant prove the NIL is tied to enrollment at a school or on field performance, u aint doing squat. Simple end of. They will be instantly sued and thats where theie burden of proof will be. Not even worth reading that to be honest. NIL is law.
 
Advertisement
Wake_Cane said:
I think the board may be interpreting this wrong. Not sure fully because the author of the article wrote it very poorly. Need to see the actual bylaw. But I don't think this is saying they can use circumstantial evidence to bring penalties down on a school for violations, I think it is simply saying they can use it to escalate a case to charges and an expanded investigatory process.

So analogizing to criminal law... I read this as softening the standard for probable cause, not softening the standard for burden of proof to convict...
Click to expand...
That is how I interpreted it as well. However, in classic SI theme, it’s intentionally ambiguous and therefore open to more interpretation, making it a bigger story.
 
Advertisement
Back
Top