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Ohio Football Topic
Topic: New NCAA NIL Proposal
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Bobcat Love's Sense of Shame
12/5/2023 4:33 PM
Seems to have gotten lost in the shuffle with the transfer portal announcements and talk about the future of the Playoff.

But the NCAA proposed new NIL policies that fundamentally re-shape college athletics. The proposal specifically creates a new subdivision that requires schools to put millions of dollars each year into a trust fund for athletes. This is, in effect, schools paying players directly.

https://www.espn.com/college-sports/story/_/id/39047353/n...

There's a debate in another thread about whether OU should drop to FCS. If the monetary threshold to be part of this new subdivision is high, we just got dropped. Not to FCS, but to some nether region between the two.
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GoCats105
12/5/2023 5:08 PM
Yeah I don't see how Ohio or anyone in the G5 keeps pace with this.
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Casper71
12/5/2023 6:30 PM
This is where the new reality is the old reality. When have the Ohio’s and others ever really competed with the Ohio states and Alabama, etc. We might as well have a chance to win a national championship. Back to 1960 when we were something like small college champions. That is where the non big time 64 teams are headed.
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colobobcat66
12/8/2023 8:02 AM
I have no idea where this will end up, but the elephant in the room is the Title IX implications for everyone involved. If implemented in any form, there will still be outside NIL groups etc to pay the athletes in the revenue sports. If you look at the numbers being thrown around for individual players, there’s no chance that the schools will share that much with the female sports. In its present form, there’s no title IX constraints.

I’ve also got to think this will lead to large numbers of varsity sports dropped, both male and female.

If enacted, the realities of big time sports will be codified and the MAC’s of the world will drop a level or two, they can’t keep up with the money being made and spent by the big boys. Major changes are coming, hold onto your hats.
Last Edited: 12/8/2023 8:10:59 AM by colobobcat66
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BillyTheCat
12/8/2023 8:05 AM
colobobcat66 wrote:expand_more
I have no idea where this will end up, but the elephant in the room is the Title IX implications for everyone involved. If implemented in any form, there will still be outside NIL groups etc to pay the athletes in the revenue sports. If you look at the numbers being thrown around for individual players, there’s no chance that the schools will share that much with the female sports.

I’ve also got to think this will lad to large numbers of varsity sports dropped, both male and female.
Could not agree more!!!! I've been stating this for some time.
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Bobcat Love's Sense of Shame
12/8/2023 8:17 AM
I'm not convinced Title IX is a barrier here. At least one that will be upheld by the courts. I think a lot of people are making a mistake of viewing everything through the lens of how the NCAA currently operates, and their existing regulations, but failing to truly grasp how rapidly things are changing, and the extent of the changes the NCAA will have to implement to maintain any role in the multi-billion dollar business of big college sports.

Title IX very specifically applies to educational benefits. It was relevant to athletic scholarships because scholarships were the defining characteristic of student athletes. It seems very likely to me that NIL money wouldn't be considered by the courts to be an educational benefit. It is very directly tied to an individual's value to the University as an athlete, and seems to have nothing to do with education.
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colobobcat66
12/8/2023 9:08 AM
Bobcat Love's Sense of Shame wrote:expand_more
I'm not convinced Title IX is a barrier here. At least one that will be upheld by the courts. I think a lot of people are making a mistake of viewing everything through the lens of how the NCAA currently operates, and their existing regulations, but failing to truly grasp how rapidly things are changing, and the extent of the changes the NCAA will have to implement to maintain any role in the multi-billion dollar business of big college sports.

Title IX very specifically applies to educational benefits. It was relevant to athletic scholarships because scholarships were the defining characteristic of student athletes. It seems very likely to me that NIL money wouldn't be considered by the courts to be an educational benefit. It is very directly tied to an individual's value to the University as an athlete, and seems to have nothing to do with education.
All I’m reading says whatever is spent to support male athletes will be made available to female athletes. They are broadening the reach of title IX to include these new benefits. Can you imagine the pushback now if schools take this to court to deprive the females of this new windfall?
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Bobcat Love's Sense of Shame
12/8/2023 10:49 AM
colobobcat66 wrote:expand_more
All I’m reading says whatever is spent to support male athletes will be made available to female athletes. They are broadening the reach of title IX to include these new benefits. [/QUOTE]
Yes, that is what the NCAA is proposing. But again, people are making (in my opinion) an error by thinking too narrowly about the future state of college sports, and assuming that what exists now will exist in 3 years.

The subtext of this proposal is that the NCAA is clinging onto the cash cow of major college athletics for dear life. They're making this proposal to try and become the governing body for NIL money, but there's no clear incentive for the major programs to accept that. The biggest barrier to this proposal being accepted is the P5 programs themselves, who may not have any interest in running this through the NCAA. After all, the line is blurring an awful lot here between amateur and pro. What value does the NCAA offer the University of Texas in this framework?

[QUOTE=colobobcat66]
Can you imagine the pushback now if schools take this to court to deprive the females of this new windfall?
Title IX illustrates my above point very clearly. If you run NILs through the NCAA you bolster the legal case that NIL money is an educational benefit that must be shared equally amongst men's and women's sports.

On the other hand, if NILs are run by outside orgs -- as they are now -- there's no guarantee that courts view them as an educational benefit and rule that "the windfall" has to be shared. Logically, it makes no sense that NIL money -- which is based on the value of an individual athlete's name, image, and likeness -- would be of equal value for the Heisman Trophy winner and a woman's volleyball player.

The NCAA wants desperately to be in a position to govern the NIL because otherwise they're on the outside looking in. I'm not sure the biggest athletic programs are well served by that.
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