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"NCAA lowering standard of proof on NIL violations. Circumstantial evidence now used"
Posted on 1/31/23 at 1:54 am
Posted on 1/31/23 at 1:54 am
SI.com
@RossDellenger
@RossDellenger
quote:
@RossDellenger
With NIL cases, NCAA investigators have been hamstrung by uncooperative witnesses. Now, using a change that lowers the violation standard, they can use circumstantial evidence to charge schools. With a beefed-up staff & rule change, NCAA is in pursuit.
quote:
@RossDellenger
NCAA VP Jon Duncan says the change to the violation standard puts the “burden” on the school to disprove obvious NIL infractions. “If it looks like a duck and quacks like a duck, it’s a duck. We’ve now got legislative authority to bring that allegation.”
quote:
“The NCAA can’t enforce their rules because it’s not against the law, and that’s an issue. That’s a problem,” Alabama football coach Nick Saban said last May during a speech in Birmingham that sparked his public flap with Texas A&M coach Jimbo Fisher. “Unless we get something that protects them from litigation, I don’t know what we’re going to do about it.”
Saban was referring to a potential congressional bill that features both preemption of state NIL laws as well as an antitrust exemption—something many experts believe is unlikely to happen on Capitol Hill.
In a slide shown at the NCAA convention, Duncan revealed that 49% of the enforcement staff members hold law degrees. NCAA officials are aware of their predicament. The language in many state NIL laws is being changed to permit actions that many believe are prohibited by the NCAA.
“There is no enforcement, and everybody is breaking the rules,” says Peter Schoenthal, CEO of Athliance, which provides NIL solutions for athletes, schools, brands and collectives.
The NCAA will soon hire an associate director of enforcement that will specifically oversee NIL inquiries. In addition, the organization has hired a handful of new investigators and enforcement staff who plan to start this week. Craig Moringiello, who has formerly worked for the FBI and CIA with expertise in cybersecurity and counterintelligence, was brought on as an assistant director of enforcement last fall.
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Posted on 1/31/23 at 4:47 am to secuniversity
I have more respect for ambulance chasers than a lawyer who works for the NCAA.
Posted on 1/31/23 at 6:16 am to secuniversity
The NCAA has not authority to enforce ANY thing. The only way they have any such authority is by agreement with schools. Going forward that agreement will be voided when they bring charges or even allege charges against a school and they will wind up paying the school for slandering their name based on circumstantial evidence. The courts are no longer friendly to the NCAA. They had AMPLE opportunity to correct the decades long wrong of making piles of money with an unpaid labor force and pretending as if they had some actual legal authority to do ANYTHING but the NCAA chose to behaven in 2010 or later in the same way they had in 1930 or so and football in particular was just too valuable to allow what amounts to a network of good old boys interested in making piles of money on the backs of unpaid labor to continue to operate as they had for years. They are now nothing more than a promoter of a basketball tournament. No one is going to pay them any attention going forward, they can bluster and investigate and do whatever they want to do their only legitimate function in the governance of college athletics now is akin to that of a local newspaper...they can put the allegations out there and the public will decide what to believe. Just like a newspaper though putting the allegations out there based on circumstantial evidence is a good way to lose a pile of money. Even guilty people frown on being slandered without evidence....
Posted on 1/31/23 at 6:20 am to secuniversity
quote:
There is no enforcement, and everybody is breaking the rules
Posted on 1/31/23 at 6:23 am to Murph4HOF
Well we know who they won’t target
Alabama
They will hammer vandy or rice
Alabama
They will hammer vandy or rice
This post was edited on 1/31/23 at 6:31 am
Posted on 1/31/23 at 6:25 am to Murph4HOF
I despise NIL era cfb in many ways but this isn’t the right approach to fixing it.
All you need to say is that a player or booster who refuses to cooperate with an active investigation is not eligible to participate in collegiate athletics until they do if subpoenaed.
A booster who doesn’t cooperate is banned from donating to a school or attending games.
Then the burden of proof remains with the investigators but the facts are clear as to what actually transpired.
All you need to say is that a player or booster who refuses to cooperate with an active investigation is not eligible to participate in collegiate athletics until they do if subpoenaed.
A booster who doesn’t cooperate is banned from donating to a school or attending games.
Then the burden of proof remains with the investigators but the facts are clear as to what actually transpired.
Posted on 1/31/23 at 6:30 am to nicholastiger
You’re so fricking obsessed with Bama. Get a grip.
Posted on 1/31/23 at 6:58 am to nicholastiger
quote:
Well we know who they won’t target
Alabama
They will hammer vandy or rice
It makes no difference who they target they can do nothing other than slander the program in the press because they have 0 authority...the courts will strike down any and all enforcement attempts.
Posted on 1/31/23 at 7:08 am to tide06
quote:
I despise NIL era cfb in many ways but this isn’t the right approach to fixing it.
All you need to say is that a player or booster who refuses to cooperate with an active investigation is not eligible to participate in collegiate athletics until they do if subpoenaed.
A booster who doesn’t cooperate is banned from donating to a school or attending games.
Then the burden of proof remains with the investigators but the facts are clear as to what actually transpired.
The NCAA could say that an accused donor and player were to be hung from the neck until dead at daybreak the day after the findings are made public and it would have as much impact on college athletics as anything they conjur up because they have zero authority to enforce anything. Only programs that choose to comply will do so...the rest, also known as those who are capable of winning anything important, will tell the NCAA and its investigators to pound sand. The only court the NCAA stands a chance in is the court of public opinion and even there they will have to overcome nearly 90 years of plantation management in the eyes of many people to garner any support by the public.
The NCAA is basically Avon Barksdale and Stringer Bell and the Eastside/Westside basketball game in Season One of "The Wire"....without the enforcement "authority" those 2 nefarious criminals possessed. Their sole puropse for existing is as promoters of their namesake college basketball tournament held in March each year. That is it....nothing more.
Posted on 1/31/23 at 7:24 am to nicholastiger
Cope harder
Posted on 1/31/23 at 7:28 am to nicholastiger
quote:
Well we know who they won’t target
Alabama
They will hammer vandy or rice
35 years ago or so, lowly TCU had a phenomenal coach and phenomenal Christian/human being. Jim Wacker. He discovered wrongdoing in his program where certain players were being paid, unknown to and unsuspected by NCAA. He brought it to NCAA attention, cleaned house, dismissed players, etc...
The ONLY school I ever remember doing that. So what did the NCAA do? Give them a light reprimand and thank them for punitive measures to their own program that were truly burdensome?
NO! They lowered the boom on TCU. A stupid, disgusting, short-sighted, vindictive move. That pretty much ended ANY program ever coming clean again.
Bunch of shite holes.
Here's a good read on Wacker. BEFORE the NCAA lowered the boom. Makes my blood boil.
LINK
This post was edited on 1/31/23 at 7:37 am
Posted on 1/31/23 at 7:29 am to nicholastiger
quote:
Well we know who they won’t target
Alabama
Hopefully they'll nail you too since you have issues pending!
Posted on 1/31/23 at 8:17 am to AwgustaDawg
quote:
The NCAA has not authority to enforce ANY thing. The only way they have any such authority is by agreement with schools.
Objectively incorrect.
As someone who actually works closely with NIL attorneys and is intimately familiar with sport law, the ignorance on this board is maddening. Especially so because many of you morons speak with such odious pomp about something that you clearly know nothing about.
Head go Google Scholar and read just one scholarly source on NIL written in 2022. Then come back.
This post was edited on 1/31/23 at 8:18 am
Posted on 1/31/23 at 8:21 am to ClassicCityAlum
Billable hours wins again.
Posted on 1/31/23 at 8:25 am to AwgustaDawg
quote:
The NCAA could say that an accused donor and player were to be hung from the neck until dead at daybreak the day after the findings are made public and it would have as much impact on college athletics as anything they conjur up because they have zero authority to enforce anything.
Yeah this isn’t accurate.
If the schools and P5 conferences decide to break away which I believe they should do you would be correct, but until then any school who is found to be in violation of their rules is subject to their punishment.
Whether they choose to enforce those rules fairly or consistently is another matter for another thread.
Posted on 1/31/23 at 8:29 am to nicholastiger
quote:
Well we know who they won’t target Alabama They will hammer vandy or rice
What happened to you that made you the way you are? It wasn’t your fault, buddy. It wasn’t your fault.
Posted on 1/31/23 at 9:04 am to secuniversity
It seems the NCAA is trying to add some sort of structure but I can't imagine this is going to stop the underlying pay for play situation. The collectives will just have to jump through some more hoops and frame negotiations in a different way but the end result will likely be very close to what it was before this new bylaw came out.
Posted on 1/31/23 at 9:08 am to nicholastiger
quote:
Well we know who they won’t target
Alabama
They will hammer vandy or rice
In the words of the legendary Jerry "Tark the Shark" Tarkanian-
"The NCAA is so pissed at Kentucky and their basketball recruiting violations they put Cleveland State on probation for 5 years."
Posted on 1/31/23 at 9:12 am to secuniversity
A whole bunch of nothing
Posted on 1/31/23 at 9:18 am to ClassicCityAlum
quote:
intimately familiar with sport law
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