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re: NCAA Can't Legally Punish Schools For NIL Deals During Recruiting Process

Posted on 2/9/24 at 11:39 am to
Posted by Lucado
Member since Nov 2023
2842 posts
Posted on 2/9/24 at 11:39 am to
quote:

quote:
None of that changes the fact that...



Anything the NCAA does which inhibits a player from getting paid runs afoul of the Sherman Act.

Any rule, policy or bylaw that the NCAA has which inhibits a player from getting paid runs afoul of the Sherman Act.

Get that through your thick skull.


The NCAA isn't trying to inhibit Nico from receiving NIL. The NCAA is trying to prohibit UT boosters from providing improper inducements via flying him in for an unofficial visit. That is an improper recruiting inducement which has nothing to do with NIL. You can either get that through your thick skull or keep burying your head in the sand. They are entirely separate issues.
Posted by Smokeys Howl
Member since Oct 2022
1985 posts
Posted on 2/9/24 at 11:57 am to
quote:

The NCAA isn't trying to inhibit Nico from receiving NIL.


lmao

Here, let me help:

inhibit

verb (used with object)

to restrain, hinder, arrest,

or check (an action, impulse, etc.).


quote:

and there would be no uneven enforcement, as you see it, because there would be nothing to enforce.


No, there will be enforcement I hope. Through some kind of collective bargaining, most likely. For example, the portal must be reigned in, without a doubt.

But the odds that the final result will be more palatable (at least to me) are better than if we stayed with the current setup. That's what I believe.

quote:

If I am interpreting this wrong let me know. I don’t see this working out that way and really see all this as potentially creating a worse situation.


No, I think you've pretty much grasped the essence of my argument.
Posted by captdalton
Member since Feb 2021
8351 posts
Posted on 2/9/24 at 12:51 pm to
Smokey refuses to recognize the Nico investigation has nothing to do with NIL. It has to do with a booster committing recruiting violations.

From NCAA.com.

quote:

Boosters, referred to by the NCAA as “representatives of the institution’s athletic interests,” include anyone who has:

Provided a donation in order to obtain season tickets for any sport at the university.

Participated in or has been a member of an organization promoting the university’s athletics programs.

Made financial contributions to the athletic department or to a university booster organization.

Arranged for or provided employment for enrolled student-athletes.

Assisted or has been requested by university staff to assist in the recruitment of prospective student-athletes.

Assisted in providing benefits to enrolled student athletes or their families.

Been involved otherwise in promoting university athletics.

Once an individual is identified as a “representative of the institution’s athletics interests,” the person retains that identity forever. Only institutional staff members are permitted to recruit prospective student-athletes. Generally, NCAA rules prohibit anyone else from contacting (calling, writing or in-person contact) prospects or the prospect’s relatives or guardian for recruiting purposes.

Students are still considered prospects even if they have signed a National Letter of Intent or any other financial aid agreement with a university. Boosters are not precluded from continuing established friendships with families who have prospective student-athletes. However, boosters may not encourage a prospect’s participation in university athletics or provide benefits to prospects that were not previously provided.

If a violation occurs, it may jeopardize a student-athlete’s eligibility for intercollegiate competition, jeopardize a school’s membership status with the NCAA or cause a booster to lose access to all booster benefits.


Boosters can not recruit. Period. Has nothing to do with NIL. Nico did not have an NIL in place when Baddour provided him impermissible benefits. This is all about boosters throwing cash at players to get them to come to Tennessee. The same thing that has repeatedly gotten schools leveled. After the McDonald bags of cash that Tennessee is still on probation for, it will likely be ugly.
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