General Ohio University Discussion/Alumni Events Topic
Topic: NCAA and Supreme Court
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giacomo
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Posted: 6/21/2021 1:10 PM
BillyTheCat
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Posted: 6/21/2021 3:40 PM
This could be a boon to OHIO Athletics, with our corporate partners here in SE Ohio and the big businesses, I could see some major money influx that will help our recuriting.
Bobcat Love's Sense of Shame
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Posted: 6/21/2021 8:47 PM
The writing is on the wall here. Kavanaugh's separate concurrence is basically a warning to the NCAA. If the NCAA keeps their head in the sand after this, within a few years, the Supreme Court will force their hand.
BillyTheCat
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Posted: 6/22/2021 10:50 AM
“Force their hand” to do what. Some of you people actually spend too much time wishing the demise of something you claim to enjoy and support.
Bobcat Love's Sense of Shame
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Posted: 6/22/2021 12:27 PM
BillyTheCat wrote:expand_more
“Force their hand” to do what. Some of you people actually spend too much time wishing the demise of something you claim to enjoy and support.
The bedrock of any sound argument is an immediate jump into ad hominems.

But to answer your question, they'll "force their hand" to follow clear and obvious case law. The writing's on the wall; everybody can whine and complain all they want about how a thing they like's gonna change, but that doesn't change the fact that it is, indeed, going to change.

The NCAA's focus should be on how to implement change in a way that doesn't lead to the demise of the thing we all like.

But whining and complaining and criticizing people who support this change because of its obvious merits is also an interesting approach. It's definitely worked out so far.
cc-cat
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Posted: 6/22/2021 1:27 PM
Who else remembers when the cry was that allowing athletes to make money would kill the Olympics? And then we all realized no one gave a rat's a$$ that Michael Phelps was making millions. Or "snowboarding in the Olympics? How absurd?"

The sports world will sort itself out.
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Posted: 6/22/2021 1:57 PM
I agree that it will get sorted. What no one knows is what it will look like. Will mid-majors exist? Will some kind of semipro league take shape among the power conferences? How will Title IX factor in? It's going to be a messy and interesting shakeout.
rpbobcat
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Posted: 6/22/2021 2:16 PM
Recovering Journalist wrote:expand_more
I agree that it will get sorted. What no one knows is what it will look like. Will mid-majors exist? Will some kind of semipro league take shape among the power conferences? How will Title IX factor in? It's going to be a messy and interesting shakeout.
The issue of Title IX has come up before.

I remember a couple of lawyers talking about it on the radio.

They said Title IX is one of the "elephants in the room".

No one knows exactly how that will impact athletes getting paid.

It was their opinion that, under Title IX, if a college wants to any D1 athlete, they have to pay them all.
Every athlete on the roster of every male and female D1 team.

They also said every athlete could be required to receive the same compensation.

They also brought up the issue of whether, if an athlete is paid by the college, they are an employee ?

Lastly, they said, if athletes are considered employees, can they form
unions ?

In my opinion, no matter which direction this goes, there will be all kinds of legal challenges and it will be years before an athlete sees a paycheck.
Last Edited: 6/22/2021 2:17:06 PM by rpbobcat
BillyTheCat
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Posted: 6/22/2021 4:57 PM
rpbobcat wrote:expand_more
I agree that it will get sorted. What no one knows is what it will look like. Will mid-majors exist? Will some kind of semipro league take shape among the power conferences? How will Title IX factor in? It's going to be a messy and interesting shakeout.
The issue of Title IX has come up before.

I remember a couple of lawyers talking about it on the radio.

They said Title IX is one of the "elephants in the room".

No one knows exactly how that will impact athletes getting paid.

It was their opinion that, under Title IX, if a college wants to any D1 athlete, they have to pay them all.
Every athlete on the roster of every male and female D1 team.

They also said every athlete could be required to receive the same compensation.

They also brought up the issue of whether, if an athlete is paid by the college, they are an employee ?

Lastly, they said, if athletes are considered employees, can they form
unions ?

In my opinion, no matter which direction this goes, there will be all kinds of legal challenges and it will be years before an athlete sees a paycheck.
And they are spot on! This would effectively end college Athletics at schools like OHIO and will kill Olympic sports.
Bobcat Love's Sense of Shame
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Posted: 6/22/2021 6:39 PM
BillyTheCat wrote:expand_more
I agree that it will get sorted. What no one knows is what it will look like. Will mid-majors exist? Will some kind of semipro league take shape among the power conferences? How will Title IX factor in? It's going to be a messy and interesting shakeout.
The issue of Title IX has come up before.

I remember a couple of lawyers talking about it on the radio.

They said Title IX is one of the "elephants in the room".

No one knows exactly how that will impact athletes getting paid.

It was their opinion that, under Title IX, if a college wants to any D1 athlete, they have to pay them all.
Every athlete on the roster of every male and female D1 team.

They also said every athlete could be required to receive the same compensation.

They also brought up the issue of whether, if an athlete is paid by the college, they are an employee ?

Lastly, they said, if athletes are considered employees, can they form
unions ?

In my opinion, no matter which direction this goes, there will be all kinds of legal challenges and it will be years before an athlete sees a paycheck.
And they are spot on! This would effectively end college Athletics at schools like OHIO and will kill Olympic sports.
I'm having trouble seeing how they're so spot on. Here's how Title IX reads:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

In other words, Title IX applies specifically to education; it applies to college sports only inasmuch as educational benefits stand in as compensation.

Can you point me to where in Title IX it states that on the basis of sex compensation for services rendered must be equal? In fact, Title IX actually specifically permits schools to spend more on men's sports than women's. The equal protections apply to education benefits only, and it's the NCAA's own insistence on amateurism that results in their member schools needing to be Title IX compliant.
Last Edited: 6/22/2021 6:46:51 PM by Bobcat Love's Sense of Shame
rpbobcat
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Posted: 6/23/2021 6:46 AM
Bobcat Love's Sense of Shame wrote:expand_more
I'm having trouble seeing how they're so spot on. Here's how Title IX reads:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

In other words, Title IX applies specifically to education; it applies to college sports only inasmuch as educational benefits stand in as compensation.

Can you point me to where in Title IX it states that on the basis of sex compensation for services rendered must be equal? In fact, Title IX actually specifically permits schools to spend more on men's sports than women's. The equal protections apply to education benefits only, and it's the NCAA's own insistence on amateurism that results in their member schools needing to be Title IX compliant.
I'm not a lawyer,I presume you're not either.

The lawyers I mentioned said that, over the years,Title IX has been applied to a number of different
things.
They felt it would apply.

As I said,in my opinion ,no matter which direction this goes,the legal
challenges will on for years.
Last Edited: 6/23/2021 6:47:26 AM by rpbobcat
BillyTheCat
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Posted: 6/23/2021 9:30 AM
Bobcat Love's Sense of Shame wrote:expand_more
I agree that it will get sorted. What no one knows is what it will look like. Will mid-majors exist? Will some kind of semipro league take shape among the power conferences? How will Title IX factor in? It's going to be a messy and interesting shakeout.
The issue of Title IX has come up before.

I remember a couple of lawyers talking about it on the radio.

They said Title IX is one of the "elephants in the room".

No one knows exactly how that will impact athletes getting paid.

It was their opinion that, under Title IX, if a college wants to any D1 athlete, they have to pay them all.
Every athlete on the roster of every male and female D1 team.

They also said every athlete could be required to receive the same compensation.

They also brought up the issue of whether, if an athlete is paid by the college, they are an employee ?

Lastly, they said, if athletes are considered employees, can they form
unions ?

In my opinion, no matter which direction this goes, there will be all kinds of legal challenges and it will be years before an athlete sees a paycheck.
And they are spot on! This would effectively end college Athletics at schools like OHIO and will kill Olympic sports.
I'm having trouble seeing how they're so spot on. Here's how Title IX reads:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

In other words, Title IX applies specifically to education; it applies to college sports only inasmuch as educational benefits stand in as compensation.

Can you point me to where in Title IX it states that on the basis of sex compensation for services rendered must be equal? In fact, Title IX actually specifically permits schools to spend more on men's sports than women's. The equal protections apply to education benefits only, and it's the NCAA's own insistence on amateurism that results in their member schools needing to be Title IX compliant.
Because the courts have expanded the scope of Title IX over the years.
cbus cat fan
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Posted: 6/23/2021 9:39 AM
It sounds to me that the Supreme Court decision and the much talked about Jutsice Kavanaugh cocurrence is to get the NCAA to work this out and avoid further litigation. The NCAA in the last 10 years has spent in the hundreds of millions of dollars on litigation and attorney fees. If this is not worked out, eventually only high profile revenue sports will be left, and sports like field hockey, water polo, rowing etc will be a thing of the past. We have seen even more high profile sports like soccer, volleyball, track and field fall by the wayside at smaller conferences like the MAC.

Why are these smaller sports important? They are important because they teach young people the art of perserverance, endurance, management and people skills in a world that is increasingly behind the screen, impersonal and not conducive to working out problems and assisting customers.
BillyTheCat
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Posted: 6/23/2021 9:48 AM
cbus cat fan wrote:expand_more
It sounds to me that the Supreme Court decision and the much talked about Jutsice Kavanaugh cocurrence is to get the NCAA to work this out and avoid further litigation. The NCAA in the last 10 years has spent in the hundreds of millions of dollars on litigation and attorney fees. If this is not worked out, eventually only high profile revenue sports will be left, and sports like field hockey, water polo, rowing etc will be a thing of the past. We have seen even more high profile sports like soccer, volleyball, track and field fall by the wayside at smaller conferences like the MAC.

Why are these smaller sports important? They are important because they teach young people the art of perserverance, endurance, management and people skills in a world that is increasingly behind the screen, impersonal and not conducive to working out problems and assisting customers.
+1
rpbobcat
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Posted: 6/23/2021 9:57 AM
cbus cat fan wrote:expand_more
It sounds to me that the Supreme Court decision and the much talked about Jutsice Kavanaugh cocurrence is to get the NCAA to work this out and avoid further litigation. The NCAA in the last 10 years has spent in the hundreds of millions of dollars on litigation and attorney fees. If this is not worked out, eventually only high profile revenue sports will be left, and sports like field hockey, water polo, rowing etc will be a thing of the past. We have seen even more high profile sports like soccer, volleyball, track and field fall by the wayside at smaller conferences like the MAC.

Why are these smaller sports important? They are important because they teach young people the art of perserverance, endurance, management and people skills in a world that is increasingly behind the screen, impersonal and not conducive to working out problems and assisting customers.
This post really hits the nail on the head.

I agree with BTC +1
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Posted: 6/23/2021 12:13 PM
Recovering Journalist wrote:expand_more
... Will some kind of semipro league take shape among the power conferences? ....
It's already there. It's just under the table. The SCOTUS decision allows it to come more out into the open. Instead of having donors shuttle cash to athletes, the schools can take the money from donors and dish it directly to athletes to cover "educational expenses."
Bobcat Love's Sense of Shame
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Posted: 6/23/2021 1:16 PM
BillyTheCat wrote:expand_more
I agree that it will get sorted. What no one knows is what it will look like. Will mid-majors exist? Will some kind of semipro league take shape among the power conferences? How will Title IX factor in? It's going to be a messy and interesting shakeout.
The issue of Title IX has come up before.

I remember a couple of lawyers talking about it on the radio.

They said Title IX is one of the "elephants in the room".

No one knows exactly how that will impact athletes getting paid.

It was their opinion that, under Title IX, if a college wants to any D1 athlete, they have to pay them all.
Every athlete on the roster of every male and female D1 team.

They also said every athlete could be required to receive the same compensation.

They also brought up the issue of whether, if an athlete is paid by the college, they are an employee ?

Lastly, they said, if athletes are considered employees, can they form
unions ?

In my opinion, no matter which direction this goes, there will be all kinds of legal challenges and it will be years before an athlete sees a paycheck.
And they are spot on! This would effectively end college Athletics at schools like OHIO and will kill Olympic sports.
I'm having trouble seeing how they're so spot on. Here's how Title IX reads:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

In other words, Title IX applies specifically to education; it applies to college sports only inasmuch as educational benefits stand in as compensation.

Can you point me to where in Title IX it states that on the basis of sex compensation for services rendered must be equal? In fact, Title IX actually specifically permits schools to spend more on men's sports than women's. The equal protections apply to education benefits only, and it's the NCAA's own insistence on amateurism that results in their member schools needing to be Title IX compliant.
Because the courts have expanded the scope of Title IX over the years.
But they cannot have expanded the scope to include compensation, when compensation isn't currently offered.

Further, there's already federal and state labor law governing compensation. Why would Title IX supercede that?
BillyTheCat
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Posted: 6/23/2021 1:25 PM
Bobcat Love's Sense of Shame wrote:expand_more
I agree that it will get sorted. What no one knows is what it will look like. Will mid-majors exist? Will some kind of semipro league take shape among the power conferences? How will Title IX factor in? It's going to be a messy and interesting shakeout.
The issue of Title IX has come up before.

I remember a couple of lawyers talking about it on the radio.

They said Title IX is one of the "elephants in the room".

No one knows exactly how that will impact athletes getting paid.

It was their opinion that, under Title IX, if a college wants to any D1 athlete, they have to pay them all.
Every athlete on the roster of every male and female D1 team.

They also said every athlete could be required to receive the same compensation.

They also brought up the issue of whether, if an athlete is paid by the college, they are an employee ?

Lastly, they said, if athletes are considered employees, can they form
unions ?

In my opinion, no matter which direction this goes, there will be all kinds of legal challenges and it will be years before an athlete sees a paycheck.
And they are spot on! This would effectively end college Athletics at schools like OHIO and will kill Olympic sports.
I'm having trouble seeing how they're so spot on. Here's how Title IX reads:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

In other words, Title IX applies specifically to education; it applies to college sports only inasmuch as educational benefits stand in as compensation.

Can you point me to where in Title IX it states that on the basis of sex compensation for services rendered must be equal? In fact, Title IX actually specifically permits schools to spend more on men's sports than women's. The equal protections apply to education benefits only, and it's the NCAA's own insistence on amateurism that results in their member schools needing to be Title IX compliant.
Because the courts have expanded the scope of Title IX over the years.
But they cannot have expanded the scope to include compensation, when compensation isn't currently offered.

Further, there's already federal and state labor law governing compensation. Why would Title IX supercede that?
How do you think they cannot? Title IX has extended directly into scholarship and the new cost of living figures that schools have to give. Scholarships are compensation, at the undergraduate level they are just tax exempt. The reason that Women's basketball gets 15 scholarships and the men get 13, is Title IX, as Title IX DIRECTLY applies to college athletics and guarantees three basic things in regards to college athletics:

1. Participation: Title IX requires that women and men be provided equitable opportunities to participate in sports. Title IX does not require institutions to offer identical sports but an equal opportunity to play;

2. Scholarships: Title IX requires that female and male student-athletes receive athletics scholarship dollars proportional to their participation; and

3. Other benefits: Title IX requires the equal treatment of female and male student-athletes in the provisions of: (a) equipment and supplies; (b) scheduling of games and practice times; (c) travel and daily allowance/per diem; (d) access to tutoring; (e) coaching, (f) locker rooms, practice and competitive facilities; (g) medical and training facilities and services; (h) housing and dining facilities and services; (i) publicity and promotions; (j) support services and (k) recruitment of student-athletes.
Last Edited: 6/23/2021 1:29:30 PM by BillyTheCat
Bobcat Love's Sense of Shame
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Posted: 6/23/2021 1:40 PM
BillyTheCat wrote:expand_more
I agree that it will get sorted. What no one knows is what it will look like. Will mid-majors exist? Will some kind of semipro league take shape among the power conferences? How will Title IX factor in? It's going to be a messy and interesting shakeout.
The issue of Title IX has come up before.

I remember a couple of lawyers talking about it on the radio.

They said Title IX is one of the "elephants in the room".

No one knows exactly how that will impact athletes getting paid.

It was their opinion that, under Title IX, if a college wants to any D1 athlete, they have to pay them all.
Every athlete on the roster of every male and female D1 team.

They also said every athlete could be required to receive the same compensation.

They also brought up the issue of whether, if an athlete is paid by the college, they are an employee ?

Lastly, they said, if athletes are considered employees, can they form
unions ?

In my opinion, no matter which direction this goes, there will be all kinds of legal challenges and it will be years before an athlete sees a paycheck.
And they are spot on! This would effectively end college Athletics at schools like OHIO and will kill Olympic sports.
I'm having trouble seeing how they're so spot on. Here's how Title IX reads:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

In other words, Title IX applies specifically to education; it applies to college sports only inasmuch as educational benefits stand in as compensation.

Can you point me to where in Title IX it states that on the basis of sex compensation for services rendered must be equal? In fact, Title IX actually specifically permits schools to spend more on men's sports than women's. The equal protections apply to education benefits only, and it's the NCAA's own insistence on amateurism that results in their member schools needing to be Title IX compliant.
Because the courts have expanded the scope of Title IX over the years.
But they cannot have expanded the scope to include compensation, when compensation isn't currently offered.

Further, there's already federal and state labor law governing compensation. Why would Title IX supercede that?
How do you think they cannot? Title IX has extended directly into scholarship and the new cost of living figures that schools have to give. Scholarships are compensation, at the undergraduate level they are just tax exempt. The reason that Women's basketball gets 15 scholarships and the men get 13, is Title IX, as Title IX DIRECTLY applies to college athletics and guarantees three basic things in regards to college athletics:

1. Participation: Title IX requires that women and men be provided equitable opportunities to participate in sports. Title IX does not require institutions to offer identical sports but an equal opportunity to play;

2. Scholarships: Title IX requires that female and male student-athletes receive athletics scholarship dollars proportional to their participation; and

3. Other benefits: Title IX requires the equal treatment of female and male student-athletes in the provisions of: (a) equipment and supplies; (b) scheduling of games and practice times; (c) travel and daily allowance/per diem; (d) access to tutoring; (e) coaching, (f) locker rooms, practice and competitive facilities; (g) medical and training facilities and services; (h) housing and dining facilities and services; (i) publicity and promotions; (j) support services and (k) recruitment of student-athletes.
All of this applies to amateur "student-athletes" -- the operative word being "student". That's a definition the NCAA created themselves, which ushered in Title IX's relevance to college athletics. Redefine certain athletes as professional (or semi-professional), and I'm not sure I see why this is so challenging.

Once you make the choice to pay them, they're not "student athletes" -- they're people with a job working for the university, who happen to be enrolled in classes. I see no reason why a woman's basketball player or a men's waterpolo player couldn't continue to be a "student athlete", while some kid at Duke is enrolled in classes while getting paid to play for Duke's semi-pro basketball team.

Everybody seems intent on applying the same terms and rules to a system that's about to be blown up. Those terms and rules were designed for a system which is crumbling before our eyes.
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Posted: 6/23/2021 1:49 PM
You are ignoring the fact that the courts can expand the definition, which the courts do often. Also along this fact, is schools will cut programs to find the money to pay the football and basketball players. Face it, paying athletes will not bring OHIO or any other school more revenue. The moment these sports start getting cut, it will become a Title IX issue, mainly because federal dollars flow into the institutions, you also may very well see, like the olympics did, a change in their definition of amatuer.
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Posted: 6/23/2021 2:25 PM
You both - and most everyone else - are saying much the same thing. definitions and approaches will be rethought, expanded, etc. There has always been wiggle room with Title iX - look no further than the forward on the basketball team gets more support that the forward on the field hockey team. Some sports will survive and others will become club sports. The rich will get richer and the poorer will get poorer - its the foundation of an open market...The American Way. No hand outs. Make it on your own or get out of the way.

Perhaps the athletic departments will be outsourced and educational institutions will focus on their original intent. One thing we all know is the lawyers will make money and the NCAA will try like hell to hold onto the resources that make them the money - the athletes.
Bobcat Love's Sense of Shame
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Posted: 6/23/2021 2:40 PM
BillyTheCat wrote:expand_more
You are ignoring the fact that the courts can expand the definition, which the courts do often. Also along this fact, is schools will cut programs to find the money to pay the football and basketball players. Face it, paying athletes will not bring OHIO or any other school more revenue. The moment these sports start getting cut, it will become a Title IX issue, mainly because federal dollars flow into the institutions, you also may very well see, like the olympics did, a change in their definition of amatuer.
So, if I'm reading this correctly, the point you and rpbobcat are making is that Title IX will be a big problem here provided courts expand the definition of Title IX enough for it to become a big problem.

Got it.
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Posted: 6/23/2021 3:02 PM
Bobcat Love's Sense of Shame wrote:expand_more
So, if I'm reading this correctly, the point you and rpbobcat are making is that Title IX will be a big problem here provided courts expand the definition of Title IX enough for it to become a big problem.

Got it.
I can't speak for BTC, what I'm saying is that the lawyers I referenced in my posts are of the opinion that Title IX does apply.

How the courts interpret the applicability of Title IX is the $64.00 question.
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Posted: 6/24/2021 6:42 AM
There's an article in today's The Record by Ralph Russo of the A.P.
referencing the NCAA's President's comments on how the NCAA is dealing with the SCOTUS decision.

I can't get the article to link.
Part of it is on Muck Rack.

The NCAA really isn't saying much.
Other then they are working on interim rules.
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Posted: 6/24/2021 8:07 AM
There is no going back unless you want to go back in time when coaches were paid like faculty and football and basketball at P5 paid for the non revenue sports. As someone pointed out earlier, it’s now a business and every man for himself. It was only a matter of time when Duke hoops and Michigan football players figured out that Coach K and Harbaugh are making 9M +. Do they come to watch them coach? Walter Byers coined the term “student athlete” back in the 50s to avoid this situation. Jackie Sherrill at Texas A&M in the early 80s was the first coach to be paid more than the university president and it escalated from there.
Last Edited: 6/24/2021 8:09:06 AM by giacomo
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