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re: Temporary Restraining Order Against NCAA Denied - A crushing blow for the Vols!
Posted on 2/7/24 at 4:02 pm to captdalton
Posted on 2/7/24 at 4:02 pm to captdalton
quote:
It is amazing to me how many people on here seem unable to grasp the concept that NIL and recruiting are two separate issues.
It's amazing to me how many people, like yourself, seem to think this is a disconnect people don't grasp.
quote:
NIL is not why Tennessee is going to get hammered. It is because they broke recruiting rules; once again; that they agreed to follow as a member of the NCAA.
They're not going to get hammered. What you want to happen and what is going to happen are two different things. "it's amazing to me so many people on here can't seem to grasp that wishing and reality are two different things"
You show me how Tennessee committed a violation because a private entity paying for Nico's flight. Also show me how having a bylaw that restrains the free market is lawful. How do you suppose the NCAA is lawfully going to be able to restrain how athletes negotiate their financial futures? You think them creating a bylaw provides them immunity from that? It doesn't.
The NCAA is going to get drug over anti-trust issues with how they're trying to control NIL just like they lost in NCAA v Alston,et al and just like they lost in OH, VA, CO, IL, MN, MS, NY, NC, TN, and USA v NCAA. They're fricked. The sooner you accept that the more palatable these issues will become for you.
The NLRB's ruling for Dartmouth players to unionize is another massive issue the NCAA is going to face.
What's become clear to me is very few people on this board have actually read the complaint (or prior rulings federal courts have entered) nor do they understand the actual legal arguments or what the Sherman Act even is or how it is applied.
That all I said, I hate that this is where college athletics have ended up, but that is just the reality of the situation. Tennessee, nor any other school, is going to "get hammered" for NIL infractions. They're just not. That pandora's box is wide open and there's nothing the NCAA has the lawful power to do about it.
This post was edited on 2/7/24 at 4:05 pm
3
Posted on 2/7/24 at 4:02 pm to DawginSC
quote:
The NCAA has ONE rule in their bylaws limiting NIL. One single rule.
And that ONE single rule is not going to hold up in an anti-trust lawsuit
Posted on 2/7/24 at 4:04 pm to jonnyanony
Well, one has to be away to be back. Saddest part of all of this is that Kentucky can start streaking on you guys, and we still can't win a dad-gummed ball game against Florida.
We def back though. Take it to the bank. 26
We def back though. Take it to the bank. 26
Posted on 2/7/24 at 4:06 pm to captdalton
quote:
The flight, paid for by Spyre, was a recruiting violation. Schools nor boosters can pay for travel for recruits’ unofficial visits. Or hell, any travel related to them being a recruit. I mean, schools have gotten in trouble for giving recruits local rides in a car. My local high school had to vacate a win this year because the local Buffalo Wild Wings gave gift cards to the players of the game after a game. You can’t give recruits things. And if you aren’t a recruits direct family member, chances are giving them something will be seen as impermissible benefits.
Has nothing to do with NIL. Nico had not signed an NIL deal nor had he signed with Tennessee. He was clearly still a recruit. Impermissible benefits were given to him, a recruit, by paying for him to make an unofficial visit to Knoxville. By someone who was trying to steer him to Tennessee. It is a clear recruiting violation. Your timeline proves it. Because Tennessee is a repeat offender, I think they will get hammered. And if past precedent holds, Nico will be ineligible.
What you can't seem to wrap your head around is the NCAA bylaw itself, violated or not, is at issue. If the bylaw itself violates the Sherman Act, then whether or not Tennessee violated it is irrelevant. And telling me about what schools used to get in trouble for is irrelevant as well.
This post was edited on 2/7/24 at 4:25 pm
Posted on 2/7/24 at 4:09 pm to lsufball19
quote:
They're not going to get hammered. What you want to happen and what is going to happen are two different things. "it's amazing to me so many people on here can't seem to grasp that wishing and reality are two different things"
You show me how Tennessee committed a violation because a private entity paying for Nico's flight. Also show me how having a bylaw that restrains the free market is lawful. How do you suppose the NCAA is lawfully going to be able to restrain how athletes negotiate their financial futures? You think them creating a bylaw provides them immunity from that? It doesn't.
The NCAA is going to get drug over anti-trust issues with how they're trying to control NIL just like they lost in NCAA v Alston,et al and just like they lost in OH, VA, CO, IL, MN, MS, NY, NC, TN, and USA v NCAA. They're fricked. The sooner you accept that the more palatable these issues will become for you.
The NLRB's ruling for Dartmouth players to unionize is another massive issue the NCAA is going to face.
What's become clear to me is very few people on this board have actually read the complaint (or prior rulings federal courts have entered) nor do they understand the actual legal arguments or what the Sherman Act even is or how it is applied.
That all I said, I hate that this is where college athletics have ended up, but that is just the reality of the situation. Tennessee, nor any other school, is going to "get hammered" for NIL infractions. They're just not. That pandora's box is wide open and there's nothing the NCAA has the lawful power to do about it.
Lol. Night night, captdolton. Captdolton and many other imbeciles otb are going to be very disappointed and they’ll only have their own ignorance to blame.
Posted on 2/7/24 at 4:25 pm to lsufball19
quote:
You show me how Tennessee committed a violation because a private entity paying for Nico's flight
NCAA Compliance Guidelines
You may want to read through the link. It is straight from NCAA.org. Here are a few tidbits.
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.
Based on this, the folks at Spyre will be considered boosters by the NCAA.
quote:
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.
Spyre’s employees were not institutional staff members, but seem to have been recruiting Nico to Tennessee. That is against the rules. Has nothing to do with NIL.
quote:
What are examples of impermissible recruiting activities?
As a booster, you may not:
Contact a prospect in-person on-campus or off campus.
Contact a prospect by telephone, email, Internet or letter.
Provide gifts or free or reduced-cost services to a prospect or the prospect’s relatives or guardian.
Employ relatives, guardians or friends of a prospect as an inducement for the prospect’s enrollment and athletics participation at a university.
Become directly or indirectly involved in making arrangements for a prospect or the prospect’s relatives or guardian to receive money or financial aid of any kind.
Provide transportation for a prospect or the prospect’s relatives or guardian.
Provide free or reduced-cost tickets for a prospect or the prospect’s relatives or guardian to attend an athletic event.
Provide any material benefit (e.g., meals, cash) to the coach of a prospect, including high school, two-year college, AAU and summer team coaches
Spyre broke about half of these. And if you notice, it specifically says boosters can not provide transportation to recruits. Again, not related at all to NIL. At the time, Nico had not signed any kind of NIL agreement so it can’t be related to his NIL.
quote:
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.
I am not sure why you are still harping about NIL. The Nico situation has nothing to do with NIL. The violations occurred before Nico had even signed an NIL agreement. They are recruiting violations. Your own post proved that.
Posted on 2/7/24 at 4:27 pm to captdalton
quote:
I am not sure why you are still harping about NIL
I'm equally puzzled why you're harping on NCAA bylaws when those exact bylaws are in the middle of a lawsuit in federal court, but here we are
That is what you either cannot grasp or refuse to acknowledge. If the Courts rule the NCAA cannot restrict what they want to restrict, then what their bylaws say is irrelevant and they will not be able to punish Tennessee for anything.
A few months ago players were only allowed, by NCAA bylaws, to trasnfer once without sitting out a year unless a hardship waiver was granted by the NCAA. The Court didn't agree the NCAA could do that, so that previous bylaw was irrelevant.
A couple of years ago, pursuant to NCAA bylaws, said athletes couldn't receive financial compensation for their own NIL. The Court disagreed that was lawful.
I hope you realize that there being an NCAA bylaw doesn't, in and of itself, mean they are immune from those bylaws being ruled unlawful and, therefore, unenforceable.
The future of the NCAA is going to look very, very different moving forward. A LOT has changed and will continue to change. Athletes will be able to negotiate, will likely unionize, and college athletics are going to be very much like their professional counter-parts. The last thing the NCAA ever wanted were these issues to enter a courtroom
This post was edited on 2/7/24 at 4:35 pm
Posted on 2/7/24 at 4:29 pm to BigOrangeBri
quote:
BigOrangeBri
Sounds like you need to read through the link I provided too. Heck, you may want to forward it to Tennessee’s athletic department. It seems like they haven’t seen it either.
Posted on 2/7/24 at 4:29 pm to BigOrangeBri
IF the NCAA had any balls, they’d rule the kid ineligible to participate in any NCAA sports. Only by doing so would UT and I’d wager many other programs and conferences would dissolve the NCAA as the governing body which would force a change almost immediately.
Something has to change, something has to get the attention of the P5 teams that forces the “voluntary” members of the NCAA to step away completely and reorganize under new leadership and guidelines.
Something has to change, something has to get the attention of the P5 teams that forces the “voluntary” members of the NCAA to step away completely and reorganize under new leadership and guidelines.
Posted on 2/7/24 at 4:31 pm to RT1941
quote:
IF the NCAA had any balls, they’d rule the kid ineligible to participate in any NCAA sports.
There would be a TRO filed and granted in a day.
Posted on 2/7/24 at 4:31 pm to captdalton
Bless your little heart.
Posted on 2/7/24 at 4:32 pm to captdalton
quote:
Sounds like you need to read through the link I provided too. Heck, you may want to forward it to Tennessee’s athletic department. It seems like they haven’t seen it either.
I think your time would be better served by reading case law on this subject
Posted on 2/7/24 at 4:33 pm to jiffyjohnson
quote:
Remember the Missouri tutor?
What is never mentioned in that case is that Mizzou was on probation at that time (stemming from Frank Haith infractions). That's what got Mizzou the harsh-seeming punishment.
Keep in mind re: Tennessee that they are being investigated and anything that is found is fair game for punishment. So, they could very well lawyer themselves out of trouble for the pay-to-play charge and yet get punished for something else they did, relatively minor, while on probation.
Posted on 2/7/24 at 4:34 pm to lsufball19
quote:
I'm equally puzzled why you're harping on NCAA bylaws when those exact bylaws are in the middle of a lawsuit in federal court, but here we are
Those bylaws are still the law of the land today. And they were when Tennessee committed their violations. Maybe that is why?
Posted on 2/7/24 at 4:35 pm to captdalton
quote:
Those bylaws are still the law of the land today.
I guess you w have another week to keep saying that
Posted on 2/7/24 at 4:37 pm to lsufball19
quote:
I think your time would be better served by reading case law on this subject
By all means, point us to all the case law that deals directly with NCAA NIL agreements as it relates to recruiting guidelines. I bet we would all love to read it.
Posted on 2/7/24 at 4:37 pm to lsufball19
quote:
I guess you w have another week to keep saying that
Things obviously might change but what they wrote is accurate
Posted on 2/7/24 at 4:40 pm to Jose Smith
quote:I am surprised that the fan of a team that hasn't been to the SECCG since a now Senator beat their arse there can remember enough about the criteria to reach the SECCG.
Let me clarify for those of you who never sniffed the SECCG. It was a game played in Atlanta for 30+ years. You had to win your division to go there. This is why it is foreign to Ole Miss fans.
Hell, the stadium where UTK played its last SECCG appearance was torn down 7 years ago.
Posted on 2/7/24 at 4:48 pm to lsufball19
quote:
A few months ago players were only allowed, by NCAA bylaws, to trasnfer once without sitting out a year unless a hardship waiver was granted by the NCAA. The Court didn't agree the NCAA could do that, so that previous bylaw was irrelevant.
The court said it affect the player's market value but only temporary suspended the power of the NCAA in regard to this situation and still has not ruled unless something just recently happened.
quote:
A couple of years ago, pursuant to NCAA bylaws, said athletes couldn't receive financial compensation for their own NIL. The Court disagreed that was lawful
The Alston case only said the NCAA did not have the authority to prevent NIL and followed in the brief that if they tried they would not win. They did so because the NCAA was making money off the players but prevented the players from doing.
The NCAA is not focusing on the NIL deal with Nico but focusing on recruiting violations that each member including Ut agreed upon that they are now suspected of violating. Ut is now grandstanding trying to tie it into NIL so they can get it shut down. We will see if the NCAA can move forward with what they have but if the NCAA can prove Ut illegally recruited Nico without NIL as part of the investigation the courts will not intercede.
Alston or any other case out that does not prevent the NCAA from enforcing rules that are well within their authority.
quote:
The future of the NCAA is going to look very, very different moving forward. A LOT has changed and will continue to change. Athletes will be able to negotiate, will likely unionize, and college athletics are going to be very much like their professional counter-parts.
Once these athletes become employees and can unionize the NCAA will no longer exist it will also be the complete death of what we know as CFB. Super leagues of maybe 32-48 teams will be left for TV ratings to earn anything and the rest will be enjoyed only by local/regional supporters.
Posted on 2/7/24 at 4:49 pm to lsufball19
quote:
The last thing the NCAA ever wanted were these issues to enter a courtroom
I'm half-expecting them to 'close the investigation' due to 'new evidence that shows Tennessee committed no violations" in order to hopefully fend off the lawsuit and keep them in some semblance of power into at least the near future.
quote:
There would be a TRO filed and granted in a day.
Yep.
quote:
Those bylaws are still the law of the land today.
You are truly an imbecile.
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