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re: Tennessee AD Danny White releases statement, goes HAM on NCAA

Posted on 2/1/24 at 3:03 pm to
Posted by AwgustaDawg
CSRA
Member since Jan 2023
7280 posts
Posted on 2/1/24 at 3:03 pm to
quote:

Well, I'm a 'booster', as is anyone who has every donated.

And yes, I can fly NICO anywhere I want to fly him, on my own dime.

Again, you all are thinking like it's still pre-NIL.



I agree completely. The booster can indeed fly the recruit anywhere he wants to...he can fly anyone anywhere. The issue is was there an expectation on the part of the recruit or the booster that the flight was based in any manner on the recruit signing with UT. It will be a hard case to make to a jury, in my opinion, that this was not the intent of the flight. There is no way it was not at best loosely associated with UTs recruitment of the player. That is and always has been against a rule that UT has agreed to as a NCAA member...a membership that they voluntarily sought and agreed to.
Posted by TideWarrior
Asheville/Chapel Hill NC
Member since Sep 2009
11841 posts
Posted on 2/1/24 at 3:03 pm to
quote:

Miami has a collective funded by one Booster but yet they are ok? What is the difference?




To be honest there probably is none and I would think every major school in the country has a collective driven by booster(s). UT just happen to have someone involved mention I believe something that happened that allowed the NCAA to jump quickly to try and connect the dots for a violation.

The courts have hampered their attempts to deal with NIL but if they can prove recruiting violations took place involving NIL they believe they can move forward.

Again they were unlucky as the NCAA was waiting for an opportunity like this.
Posted by Smokeys Howl
Member since Oct 2022
1985 posts
Posted on 2/1/24 at 3:04 pm to
quote:

That's where NIL needs to get to, and we should all be onboard with the NCAA moving in that direction.


Most football fans are on board with the NCAA getting TFO.
Posted by LewEvansFan
Member since Mar 2023
2688 posts
Posted on 2/1/24 at 3:05 pm to
No, why the hell would a company like Calhouns or Bank of College town use an athlete for an NIL deal if they could leave for their rival and they still have to pay them? And why punish the school for that?

The NCAA cannot regulate NIL deals.
Posted by Smokeys Howl
Member since Oct 2022
1985 posts
Posted on 2/1/24 at 3:05 pm to
quote:

The NCAA cannot regulate NIL deals.


Exactly. They can fkoff.
Posted by 3down10
Member since Sep 2014
22809 posts
Posted on 2/1/24 at 3:06 pm to
quote:


Most football fans are on board with the NCAA getting TFO.


Most fans have no clue what the NCAA is, how it operates or why it's needed. Hell, most fans don't even know the difference between revenue and profit.

This is not the big endorsement you think it is.
Posted by AwgustaDawg
CSRA
Member since Jan 2023
7280 posts
Posted on 2/1/24 at 3:06 pm to
quote:

If that’s all it was they’d pay back the flight cost and move on.


Tennessee would move on, doubtful the NCAA would. The NCAA is fighting for its life and control of a multi-billion $ industry...unlikely they would accept $800 and not make a statement. Its not up to Tennessee what the NCAA does.
Posted by 3down10
Member since Sep 2014
22809 posts
Posted on 2/1/24 at 3:07 pm to
quote:

No, why the hell would a company like Calhouns or Bank of College town use an athlete for an NIL deal if they could leave for their rival and they still have to pay them? And why punish the school for that?

The NCAA cannot regulate NIL deals.


The NCAA can't regulate NIL deals, but they can regulate the schools and the boosters associated with it, as they always have.

Even the AD in the statement admits that's what the NCAA is doing.

Posted by SaturdayNAthens
Georgia
Member since Dec 2017
11032 posts
Posted on 2/1/24 at 3:09 pm to
Isn’t it just like UT? Serving a 5 year probation and decided to break the rules again. Repeat offenders usually get their heads handed to them no matter how much they scream or how many lawyers they hire. UT taking on the NCAA in such an aggressive manner isn’t smart. They gonna pay BIG TIME
Posted by Smokeys Howl
Member since Oct 2022
1985 posts
Posted on 2/1/24 at 3:09 pm to
quote:

The issue is was there an expectation on the part of the recruit


Not from what I'm reading. What I'm reading is "MUH BOOSTER FLEW HIM ON MUH PRIVATE PLANE!!!!1111"
Posted by AwgustaDawg
CSRA
Member since Jan 2023
7280 posts
Posted on 2/1/24 at 3:09 pm to
quote:


Miami has a collective funded by one Booster but yet they are ok? What is the difference?


All manner of issues, not the smallest of which is Miami's administration is heavily connected to power brokers in Washington. There is also the difference of UT being just recently in the cross hairs...and agreeing to NCAA regulations and sanctions. If you and I are speeding at equal speeds and the cop stopped you last week who is he more likely to stop this week? It ain't fair, thats where a hog wins a blue ribbon.
Posted by LewEvansFan
Member since Mar 2023
2688 posts
Posted on 2/1/24 at 3:10 pm to
No, they ncaa is trying to retroactively classify collectives as boosters, is what they are doing. After all this took place.
Posted by Smokeys Howl
Member since Oct 2022
1985 posts
Posted on 2/1/24 at 3:10 pm to
quote:

they can regulate the schools and the boosters associated with it


Nope.

A booster can pony up cash for an NIL deal. Boosters are private citizens, not university employees.

I'm a booster. I can pay Nico a thousand bucks to come hang out at my house for an hour and smoke a doob with me if I want.
This post was edited on 2/1/24 at 3:12 pm
Posted by djsdawg
Member since Apr 2015
33059 posts
Posted on 2/1/24 at 3:11 pm to
quote:

Aha, moving the goalposts.


The goal posts have been firmly planted in this spot.

Thats one reason why this part of the situation is always ignored by vols. FEAR
Posted by AwgustaDawg
CSRA
Member since Jan 2023
7280 posts
Posted on 2/1/24 at 3:11 pm to
quote:

Isn’t it just like UT? Serving a 5 year probation and decided to break the rules again. Repeat offenders usually get their heads handed to them no matter how much they scream or how many lawyers they hire. UT taking on the NCAA in such an aggressive manner isn’t smart. They gonna pay BIG TIME


I don't know that they have any options but to try to win the battle in the court of public opinion, a tactic that all too often works extremely well in the US. They are in a very tight spot IF the courts agree that they agreed to regulation by the NCAA and agreed to sanction by the NCAA and the NCAA is not overstepping enforcing rules that UT agreed to.
Posted by LewEvansFan
Member since Mar 2023
2688 posts
Posted on 2/1/24 at 3:12 pm to
quote:

The goal posts have been firmly planted in this spot.


Deluded.
Posted by Smokeys Howl
Member since Oct 2022
1985 posts
Posted on 2/1/24 at 3:13 pm to
quote:

The goal posts have been firmly planted in this spot.


B-B-BUT MUH PRIVATE JET!!!
Posted by LewEvansFan
Member since Mar 2023
2688 posts
Posted on 2/1/24 at 3:13 pm to
quote:

I don't know that they have any options but to try to win the battle in the court of public opinion, a tactic that all too often works extremely well in the US. They are in a very tight spot IF the courts agree that they agreed to regulation by the NCAA and agreed to sanction by the NCAA and the NCAA is not overstepping enforcing rules that UT agreed to.


They didn’t agree to follow rules that were not in place. You cannot put a rule in place and retroactively punish someone for doing it before the rule was in place.
This post was edited on 2/1/24 at 3:14 pm
Posted by DawginSC
Member since Aug 2022
4397 posts
Posted on 2/1/24 at 3:14 pm to
I think one thing people may not realize is that the school itself is required to review NIL deals.

The player has to disclose all NIL deals to the school. If they are found to not have done so, the school is required to suspend the player from playing sports.

The school is required to go over the NIL deals. If those violate the NCAA rules (such as being pay to play), the school is required to suspend the player.

The NCAA punishes the school if their investigation finds the school did not do these things. It seems that the NCAA believes that one (or more) of the NIL deals UT players have signed violate NCAA rules, and UT allowed the players to compete rather than suspending them.

Here is the "pay to play" section of the NCAA bylaws.

LINK

"22.01.2 Offers and Inducements. Name, image and likeness activities may not be used as an inducement for an individual to enroll or remain enrolled at a specific institution."

"22.2.2 Name, Image and Likeness Disclosure. A student-athlete must disclose a name, image and likeness agreements to the institution no later than 30 days after entering or signing the agreement. A prospective student-athlete must disclose current and expired name, image and likeness agreements no later than 30 days after enrollment in the institution. After 30 days, an institution shall not permit the student-athlete to participate in athletically related activities until the disclosure requirement is satisfied."

"22.2.2.2 Name, Image and Likeness Attestation. An individual’s disclosure of name, image and likeness activities must include attestation that:

(a) All disclosed information is complete and accurate;

(b) The disclosed activity is consistent with institutional and conference policy, NCAA rules and any applicable state or federal law;

(c) Pay or promise of pay related to the disclosed activity is not a substitute for payment for athletics participation or achievement or an inducement to enroll or remain enrolled at a specific institution; and

(d) Acknowledgement that failure to disclose or fraudulent disclosure may constitute impermissible unethical conduct (see Bylaw 10.1)."

"22.2.2.4 Effect of Violation. As it relates to compliance with institutional policies consistent with Bylaw 22.2.1 or its subsections, an institution shall only be held accountable through the NCAA infractions process for actions that clearly demonstrate a disregard for its stated policies."
Posted by AwgustaDawg
CSRA
Member since Jan 2023
7280 posts
Posted on 2/1/24 at 3:14 pm to
quote:


Nope.

A booster can pony up cash for an NIL deal. Boosters are private citizens, not university employees.

I'm a booster. I can pay Nico a thousand bucks to come hang out at my house for an hour and smoke a doob with me if I want.



You can indeed...you can't do it in order to entice him to sign with Tennessee. Never have had the ability to do so and not risk sanction. Private citizens can absolutely be restricted from representing the University of Tennessee....
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