U. S. Senate Sports Bill

#1

1reVOLver

Dicebamus hesterna die…
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#1
Based on an article in the N Y Times,

A bipartisan Senate bill is coming to stabilize college sports. What’s in it, and will it work?

Probably paywalled unless you subscribe. Sorry.

Protect College Sports Act is the U.S.Senate bill, different from the recently failed House bill called the SCORE Act.

The bill would allow the NCAA to

1) limit transfers and eligibility,

2) enforce a spending cap,

3) give conferences the ability to pool their television rights and

4) prevent coaches from leaving their teams before the end of the season.

5) create a narrow antitrust exemption regarding athlete transfer and eligibility limits, which would shield the NCAA and conferences from legal challenges on rules established to regulate those areas.

It also includes language to prevent a possible breakaway “super league” by the Big Ten and SEC.

However, the bill is still a long way from being ratified and will face significant steps and hurdles in the coming months, including likely resistance from the Big Ten and SEC, a polarized Congress and political climate, and this fall’s midterm elections functioning as a de facto deadline.

I will add some personal attempts at pros snd cons for each major point in the bill and invite debate.
—————

Let me start with (5) the anti-trust exemption. pro: necessary to allow the rest. con: once created, these are nearly impossible to undo, for political inertia reasons.

1) limit transfers and eligibility- pros-
reduce portal madness, chaos, gross roster instability. Allow coaches to return some energy to traditional recruiting and player development instead of being purchasing agents.

con: biggest P4 conferences will lose some ability to buy championships at the expense of the other ~320 D1 teams.

How about we debate that much before wading deeper into the muck?
 
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#2
#2
I like one, two, and five and am indifferent to three and four cause coaches should be able to do what they want anytime and since they are under contract there is usually a buyout. I want the eligibility to be five seasons and only one transfer without sitting out. I think we have one women's basketball player coming in that Tennessee will be like her seventh school that is just totally ridiculous.
 
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#7
#7
The SCORE Act does not require Title IX compliance, so many female and Olympic sports athletes are opposed to it.
Are you requesting belts and braces? Title IX is law. Failure to specifically reference it in another law doesn’t repeal it.

Also, SCORE is the House bill. This thread is about a SENATE bill.
SCORE is effectively dead.
 
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#8
#8
Are you requesting belts and braces? Title IX is law. Failure to specifically reference it in another law doesn’t repeal it.

Also, SCORE is the House bill. This thread is about a SENATE bill.
SCORE is effectively dead.
There are some fears amongst some scholars that with the desire of some politicians to eliminate the Department of Education and the concurrent shifting landscape in college athletics that laws like Title IX can both exist and not be enforced.
 
#9
#9
There are some fears amongst some scholars that with the desire of some politicians to eliminate the Department of Education and the concurrent shifting landscape in college athletics that laws like Title IX can both exist and not be enforced.
Good point. But reiterating the substance of T IX in another law does little if anything to protect it from being unenforced by the same regime.
 
#10
#10
I like one, two, and five and am indifferent to three and four cause coaches should be able to do what they want anytime and since they are under contract there is usually a buyout. I want the eligibility to be five seasons and only one transfer without sitting out. I think we have one women's basketball player coming in that Tennessee will be like her seventh school that is just totally ridiculous.
If you transfer a second time, you have to sit out, and lose that year of eligibility and can not earn NIL or scholarship $$. That’ll put a stop to the carrosel.
 
#12
#12
All we need is a bill with a salary cap and one free transfer and no need to add anything else. Of course legal protection so it all stays out of court.
 
#14
#14
This might also be the "put the genie back in the bottle" bill. There is a lot of complex fixes for a problem of the NCAA wanting to deny that college sports is fully professionalized and that athletes are now employees of a University, more akin to graduate students who function as paid teaching and research assistants.
 
#15
#15
As sticking to the proposed topic is akin to herding cats, I'll add to the chaos. The Senate bill avoids the topic of employment and a potential CBA. That may suit the VLSCs (Very Large Sports Conferences) at the expense of the kids, something the NCAA has been doing for a loooong time.

Indentured servants make money for ADs. Fair? Hell no!
 
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#17
#17
Are you requesting belts and braces? Title IX is law. Failure to specifically reference it in another law doesn’t repeal it.

Also, SCORE is the House bill. This thread is about a SENATE bill.
SCORE is effectively dead.
Whoa....the way I learned it was that if two statutes contradict, the contradiction is resolved in favor of the more recently passed bill.
 
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#18
#18
Ah, more government intervention; bc politicians getting involved always makes things better…
Yep, the clause that allows 75% of schools vote to pool media rights is all about Campbell, the Texas Tech PE guy that worked the White House for legislation. Hope it fails as it attempts to undermine the SEC and BigX advantage
 
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#20
#20
I'm posting a BIG LIKE @1reVOLver for maintaining a serious exploration of this subject.

When I read the thread title I figured I'd post something snarky about what stance has ESPN taken? But when I saw serious thinking and posting going on, it made me want to raise my game (a bit).

We always gripe that we, the fans, seem to be the last con$ideration whenever change is afoot in college sports. Well, here's a thread where we can step out on the mat and grapple with THE issue that has probably robbed more of us of more joy than any key injury, bad call, or losing season ever did.

We aren't all lawyers--but we can still pose honest questions to our fellow VFLs who have knowledge of that terrain.
 
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#23
#23
Didn't you say that the proposed bill contradicts Title IX? If it passes then Title IX would be amended.
Please slow down a little and read carefully. I didn’t say that.

Another colleague was concerned that the dead HR bill did not repeat Title IX requirements. I said that the Senate bill did not repeat Title IX. She expressed concern that Title IX might not be enforced. I said that repeating it would not change that.

Nobody ever said anything about a conflict between existing statute and proposed new law.

edited to add: Sorry if my tone is grumpy. Stuck in ICU again and
anxious to escape back to reality. And I'm an old grump. :rolleyes:
 
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#25
#25
Well, for starters:
4) prevent coaches from leaving their teams before the end of the season.

I think the 13th Amendment did away with that.
Whoa Nelly! I too can play verbal games. Contract law does not, repeat NOT, constitute involuntary servitude.

If a coach Voluntarily (all puns intended) enters into an employment contract, “involuntary” is off the table. Back to law school, young grasshopper.
 

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