NCAA Legal Thread

[Lobot]

This is terrible news for amateur sports.

Yes it is. The NCAA is cooked from every angle at this point.

[bearcatbret]

Tennessee and Virginia have won a preliminary injunction against the NCAA. The NCAA cannot enforce additional rules around NIL while the injunction is in play.

This is terrible news for amateur sports.

[Lobot]

I am just guessing but if Tennessee and Virginia were suing to be allowed to pre-pay potential recruits, they were already doing it.

Tennessee and Virginia have won a preliminary injunction against the NCAA. The NCAA cannot enforce additional rules around NIL while the injunction is in play.

[bearcatbret]

I am just guessing but if Tennessee and Virginia were suing to be allowed to pre-pay potential recruits, they were already doing it.

[Lobot]

On the NIL front...

https://www.espn.com/college-football/story/_/id/39472872/judge-keeps-ncaa-restrictions-nil-place-now

[GoBearcats31]

https://www.espn.com/mens-college-ba...eds-salary-cap

A day after a historic ruling that could change collegiate sports by allowing NCAA athletes to unionize, St. John's coach Rick Pitino said the sport needs a "salary cap" and a new hierarchy to thrive.

[Lobot]

The schools will find a way to get foreign athletes a work visa, thus making them eligible for pay/employment.

Yeah I had this conversation with a couple of legal Twitter accounts in the know last night. They can get the visas transferred. The bigger question is what happens when you flood the system with requests en masse if this decision from the NLRB takes effect without warning.

[red_n_black_attack]

Good question. Need a tax lawyer on that one. It could be, but is it w-2 salary or bonus or 1099 with no withholding?

I've seen this come up a couple of times on Twitter. What do you do with foreign players? They're on a student visa. They're not eligible to work and they don't necessarily qualify for a work visa. On the current track we're on, they would either have to give up sports and finish on an academic scholarship or go home.

I mean if this mess takes effect this summer, what do you do with Viktor Lakhin? Going home is not a great or realistic option for him right now.

The schools will find a way to get foreign athletes a work visa, thus making them eligible for pay/employment.

[Lobot]

If their employees, doesn’t that make the value of their scholarships taxable?

Good question. Need a tax lawyer on that one. It could be, but is it w-2 salary or bonus or 1099 with no withholding?

I've seen this come up a couple of times on Twitter. What do you do with foreign players? They're on a student visa. They're not eligible to work and they don't necessarily qualify for a work visa. On the current track we're on, they would either have to give up sports and finish on an academic scholarship or go home.

I mean if this mess takes effect this summer, what do you do with Viktor Lakhin? Going home is not a great or realistic option for him right now.

[longtimefan]

The Dartmouth athletes vs NCAA has been decided. Dartmouth men’s basketball players have been deemed employees of the university by the courts. As such they will be able to unionize.

I’m skeptical because the Ivy League players are non scholarship but this has the potential to just burn down the NCAA student athlete model.

https://t.co/WHB31u3hI0

If they’re employees, doesn’t that make the value of their scholarships taxable?

[Lobot]

The Dartmouth athletes vs NCAA has been decided. Dartmouth men’s basketball players have been deemed employees of the university by the courts. As such they will be able to unionize.

I’m skeptical because the Ivy League players are non scholarship but this has the potential to just burn down the NCAA student athlete model.

https://t.co/WHB31u3hI0

[Lobot]

Tennessee and Virginia (The states, not the schools) Have filed an antitrust lawsuit against the NCAA for it's restrictions on NIL in the UT case.

https://www.espn.com/college-football/story/_/id/39429264/ncaa-sued-nil-rules-tennessee-football-investigation

[red_n_black_attack]

I'm guessing you meant sue not sit. I'm not a labor attorney but it seems to be that limiting compensation on NIL isn't going to fly with NLRB and other in federal land. If a head coach or med staff were sued, the University would probably probably be on the hook for defense fees since they are employees of the university and anything that went against them would probably be a drop in the bucket in the budget tbh.

I saw someone mention today that the only way to solve some of this mess is go with employment contracts with stipulations for athletes with non-competes and NDAs.

I'd like non-compete clauses for 3 or 4 years in the contract.

[red_n_black_attack]

And now this, right on cue: a player accused/charged with rape has an injunction to lift his suspension. He will lose his NIL deal if he doesn't play and he supports several family members

from the article;
"The Court further finds that Plaintiff has no adequate remedy at law and will suffer irreparable harm without an injunction."

https://www.foxnews.com/sports/illinois-basketball-player-terrence-shannon-jr-charged-rape-suspension-lifted-judges-ruling

[Lobot]

I read in there because players are now limited in making NIL by the NCAA decision, the injury to players to sit a year is cause for the lawsuit. However, if this is upheld by the courts, does it open up players to sit coaches who injure their NIL opportunites but not getting enough PT? Or a player to sue the medical staff for being too cautious to ensure they are 100% before being cleared to play and a player can still make good NIL money playing hurt AMA or at 80%.

I'm guessing you meant sue not sit. I'm not a labor attorney but it seems to be that limiting compensation on NIL isn't going to fly with NLRB and other in federal land. If a head coach or med staff were sued, the University would probably probably be on the hook for defense fees since they are employees of the university and anything that went against them would probably be a drop in the bucket in the budget tbh.

I saw someone mention today that the only way to solve some of this mess is go with employment contracts with stipulations for athletes with non-competes and NDAs.