Do you really think all states will
Bro like 30 states already have passed some NIL law, and like all will include some language like this or it will be added sooner than later. The players have absolutely ZERO consequences in anything NIL related, period. Maybe with these contracts schools can clawback some money, but that's about it. The only thing the NCAA can do is punish schools. But if the schools are following their state laws? All that's going to do is lead to CFB completely breaking away from the NCAA sooner than later imo. Again the CFP is already a separate entity from the NCAA I believe. The Conferences are mostly separate and likely taking steps to govern themselves more - especially the SEC/B1G... so
The states will force the NCAA and the conferences into collective bargaining which is the only thing that can truly regulate college sports. I'm all for the states passing legislation that outlaws illegal overreaches by the NCAA and the conferences. NIL is tantamount to endorsement deals. You can't cap such contracts nor can you hinder athletes from entering into such contracts.
from Ross Dellenger's article last month:
Officials from the Big Ten, SEC, Big 12 and ACC are circulating a draft of a groundbreaking and first-of-its-kind document intended to prevent universities from using their state laws to violate new enforcement rules and, in a wholly stunning concept, requires schools to waive their right to pursue legal challenges against the new enforcement entity, the College Sports Commission.
The document, now viewed by dozens of leading school administrators, would bind institutions to the enforcement policies, even if their state law is contradictory, and would exempt the CSC from lawsuits from member schools over enforcement decisions, offering instead a route for schools to pursue arbitration.
The document, described as an “Affiliation” or “Membership Agreement,” is not finalized but a draft of the contract has been distributed to several school presidents, general counsels and athletic directors — many of whom have expressed legal concerns with several of the document’s concepts, which are now being refined.
The document is meant to be signed by all power conference schools, perhaps as well as others opting into the settlement, as a way to bind the group and provide stability around the enforcement of rules. That includes, most notably, decisions from the new Deloitte-run NIL clearinghouse, dubbed “NIL Go,” an entity expected to more strictly enforce booster pay.
The consequence for not signing the agreement is steep: a school risks the loss of conference membership and participation against other power league programs.
“You have to sign it,” says one athletic director who has seen the document, “or we don’t play you.”
“As a condition of membership, you must comply with the settlement and enforcement,” says a power conference president with knowledge of the document.
from Ross Dellenger's article last month:
Officials from the Big Ten, SEC, Big 12 and ACC are circulating a draft of a groundbreaking and first-of-its-kind document intended to prevent universities from using their state laws to violate new enforcement rules and, in a wholly stunning concept, requires schools to waive their right to pursue legal challenges against the new enforcement entity, the College Sports Commission.
The document, now viewed by dozens of leading school administrators, would bind institutions to the enforcement policies, even if their state law is contradictory, and would exempt the CSC from lawsuits from member schools over enforcement decisions, offering instead a route for schools to pursue arbitration.
The document, described as an “Affiliation” or “Membership Agreement,” is not finalized but a draft of the contract has been distributed to several school presidents, general counsels and athletic directors — many of whom have expressed legal concerns with several of the document’s concepts, which are now being refined.
The document is meant to be signed by all power conference schools, perhaps as well as others opting into the settlement, as a way to bind the group and provide stability around the enforcement of rules. That includes, most notably, decisions from the new Deloitte-run NIL clearinghouse, dubbed “NIL Go,” an entity expected to more strictly enforce booster pay.
The consequence for not signing the agreement is steep: a school risks the loss of conference membership and participation against other power league programs.
“You have to sign it,” says one athletic director who has seen the document, “or we don’t play you.”
“As a condition of membership, you must comply with the settlement and enforcement,” says a power conference president with knowledge of the document.
Specifically which SEC and relevant ACC states do you think will force the NCAA and conferences into collective bargaining?
Agree, but that’s not collective bargaining, that’s giving their schools no outside limiting cap.
