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NIL: How Does it Work? (Plus transfer rules)

The Alabaster Yak said:
Yep. Legitimate NIL can discriminate. Pay for play from collectives can't.
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Title IX states “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[.]”

All federal agencies that provide grants of financial assistance are required to enforce Title IX’s nondiscrimination mandate. The U.S. Department of Education (Department) gives grants of financial assistance to schools and colleges and to certain other entities, including vocational rehabilitation programs and libraries.
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Im pretty sure youre right. But theyre not suing the NILs, theyre suing the University of Oregon directly. Which gets a lot of money from the Federal Government.

Mostly it seems though they are suing over how the AD spends their budget unequally.


The athletes are being represented by prominent Title IX attorney Arthur Bryant. Bryant has previously signaled an interest in challenging the way some experts believe the college sports system has skirted gender equity requirements by working hand-in-hand with ostensibly independent NIL collectives. In September, he toldOn3, “NIL and Title IX are about to collide—and it’s just a question of when and where.”

Bryant also successfully won against Clemson in 2021, forcing the school to reinstate its men’s track and field and cross country teams, claiming their elimination amounted to gender discrimination.
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If they can establish that UO and Oregons NIL worked together I suspect thats the possibly problematic part. Like, does the NIL‘s board get special access to University administrators, coaches, players, and AD staff? Do coaches tell NIL directors who they plan to target and provide contact information? Is the AD staff directing donors to the NIL and away from donating to the AD? Or worse still, Is the NIL providing the coach with a dollar amount to offer the player being targeted?

EDIT: Attorney Arthur Bryant who filed the lawsuit was called by the Oregonian to comment on Title ix for the story. Then ended up suing UO. 😂

The gap raises red flags for Bryant, the Title IX legal expert.

“Based on the school’s publicly available financial reports, the University of Oregon appears to be in clear violation of Title IX’s athletic financial aid requirements,” he said. “According to its numbers, it has deprived its women athletes of hundreds of thousands of dollars of equal athletic financial aid in the last few years alone.”
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www.oregonlive.com

UO beach volleyball players detail disparate treatment, sparking Title IX questions

According to legal experts, Oregon’s treatment of the team puts it perilously close, if not over the line, into violation of Title IX.
www.oregonlive.com www.oregonlive.com
 
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Buffnik said:
Tells me that the schools need to be hands off with NIL support or run the risk of providing extra benefits to male athletes.

This consideration is what I always thought was going to force the top of D1 football to break away from the university AD structure. The money and the number of athletes for football almost equates to having football be the only men's sport a university sponsors if it wants to be in full Title IX balance.

That's the upshot of this: football separates. And then we deal with MBB being the only sport that might be profitable with almost all AD funding coming through its distribution from its football out-license, a modest conference media that's mostly about MBB, student fees, donations and maybe some state or general fund support.
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You really think the courts will let the AD break off as independent but then use the same government owned facilities? 😂

Thats the first lawsuit the women would file and not being able to use Florida Field, Autzen, etc even if they paid max amount would be detrimental to any football program dependent on those facilities to recruit.

You could move the women into this new AD idea of yours too but you’d still have some issues with scholarships, use of government facilities, a relationship between University and AD that would easily link back to Title ix. In SEC land you’d completely lose the ‘classes taught in the AD by AD professors’ that count as credit. There would be NO admissions advantages under such an arrangement. The only way I see it truly being separate is if the AD owned all their property off campus.
 
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MiamiBuffs said:
You really think the courts will let the AD break off as independent but then use the same government owned facilities? 😂

....
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I think there's already precedents in place for entities not affiliated with universities leasing their facilities (e.g. concerts at Folsom, research firms leasing lab equipment)
 
hokiehead said:
I think there's already precedents in place for entities not affiliated with universities leasing their facilities (e.g. concerts at Folsom, research firms leasing lab equipment)
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Such as? What if someone outbids this separate AD for use of the stadium in the fall?
 
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MiamiBuffs said:
Such as? What if someone outbids this separate AD for use of the stadium in the fall?
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I'm not sure I understand what you're asking.

I'm sure there's multiple mechanisms in place to resolve it if both Tyler Childers and the Rolling Stones wanted to book Folsom for the same night -- I wouldn't think two football teams wanting to both host a game at Autzen Stadium would be much different.
 
Should make this like soccer with transfer fees. Player signed with us, we developed them, they can transfer but the school can tag a value on said kid that has to be paid by the signing school. Wouldn't apply to grad transfers. Limit it to like a couple of players on the roster. If you tag a kid, they have to remain on scholarship and part of your team unless picked up by another school.
 
AeroBuff99 said:
Should make this like soccer with transfer fees. Player signed with us, we developed them, they can transfer but the school can tag a value on said kid that has to be paid by the signing school. Wouldn't apply to grad transfers. Limit it to like a couple of players on the roster. If you tag a kid, they have to remain on scholarship and part of your team unless picked up by another school.
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I mean, we're well past the point of pretending they're all student athletes, but this would somehow cross yet another line in mine and other peoples brains.
 
AeroBuff99 said:
Should make this like soccer with transfer fees. Player signed with us, we developed them, they can transfer but the school can tag a value on said kid that has to be paid by the signing school. Wouldn't apply to grad transfers. Limit it to like a couple of players on the roster. If you tag a kid, they have to remain on scholarship and part of your team unless picked up by another school.
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I’ve proposed similar at the draft level. When a player goes pro the NFL has to pay a transfer fee. The NFL has the sweetest deal among all pro sports for free talent development.
 
NIL is changing how I view CFB. I enjoy it obviously, but the way money is being sloshed around feels reckless. I have no problem with players getting theirs and happy for them, but I am starting to be more interested in the NFL where there is structure.
 
The Alabaster Yak said:
To answer to the OP/thread title: This is how it’s supposed to work.

This is actually awesome and I wonder if something the AD/CP/etc are working on is securing NIL commitments from local companies and the program being able to choose which guys go do the ad.
https://twitter.com/i/web/status/1730722808206881081
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Travis got a Ford NIL early, and the folks at Alpine Garage (Bronco restoration company) helped with a badass Ford Ranger to help him go up to the mountains and fish and hang out. This is completely what NIL is all about!!!

Check out about 3:24 with Travis and his sweet Ranger

 
Mr. Babar said:
NIL is changing how I view CFB. I enjoy it obviously, but the way money is being sloshed around feels reckless. I have no problem with players getting theirs and happy for them, but I am starting to be more interested in the NFL where there is structure.
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If you think NIL is so bad, just wait until the start of the 12 team CFP era.
 
Pay Me GIF
 
Buffnik said:
That has nothing to do with getting paid as an endorser for utilizing your name, image or likeness. That's pure pay for play. If that was allowed, schools could simply give performance based bonuses to the student athletes.
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They could set up bounties on the other team's players like the Bronco's HC.
 
Buffnik said:
That has nothing to do with getting paid as an endorser for utilizing your name, image or likeness. That's pure pay for play. If that was allowed, schools could simply give performance based bonuses to the student athletes.
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I agree..... and the veneer that's hiding pay to play is already very thin on NIL. And, so far, that thin veneer is accepted.

I could see it going down like this under the current system:
  • 3rd party runs a website that takes NIL donations and publishes videos on line
  • 3rd party licenses advertising space on the scoreboard (and other places) during games
  • during the game, QR codes are displayed that link directly to player specific donations
  • once a week the player makes a video giving shout outs to everyone who donated
now I've given plausible deniability of pay-to-play and instead I'm paying NIL money for Travis Hunter to promote the hokiehead brand

serious question -- does that sound any more shakey than what the collectives are doing?
 
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CP has won over a lot of hearts, created many new CU fans all over the country. There were people who never had supported CU who flew to games, because of CP's messages and personality. They love the man.

So, could someone set up a "go fund me" style site where people who support CP and CU, and want to help them succeed, could contribute to the CU NIL fund? Give folks all over the country, the chance to be part of CP's rise.
 
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