Successful suit or not, I think there’s a lot of ways the college football landscape could change over the next 5 years because of this and the current state of things. And maybe this is just a part of the plan for those potential outcomes. So, what are those outcomes? With states, the ncaa, conferences annd more getting involved potentially, who are the players we don’t know? Bring me your wildest conspiracy theories.
My favorite so far is that jere morehead of uga and the ncaa is orchestrating this to ensure uga takes the spot of Bama as the “untouchable” of college football.
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This is long. If you don’t want to read a long piece on the likely outcomes of the TENNESSEE/VA vs NCAA battle, stop now. You’ve been warned.
This is a fight long in the coming with the NCAA. I believe the NCAA may have had an unrealistic, albeit slim hope that Tennessee, fearing the dreaded Repeat Offender tag, might have thrown itself at their mercy. That was a gross miscalculation if indeed they had any allusions of a satisfactory outcome. It would also have been an outcome costly for all major programs as it would have set a dangerous precedent for the NCAA to have a victory in regulating NIL. It was, however, a fight the NCAA had to force. With everything that’s happening they needed this fight sooner rather than later.
As it was obvious, Tennessee nor any other program that had been operating under the unregulated entity we know as NIL, were never going to genuflect to the NCAA on this issue since we hold all the cards.
There are only 2 avenues that permit the NCAA to continue to be involved in the regulation of Big Time College football. One is the longest of long shots. The congress grants them an antitrust exemption. This has happened only one time in sports in the history of our country. With Alston hanging over Congress’ head, that option is DOA. The other is to declare students employees and they unionize and establish caps. This creates so many fresh and complicated issues that the schools will never go for it.
The NCAA was attempting to hang onto an investigative purview that creates for their administrative arm tens of thousands of billable hours. Without which their need for funding will be drastically slashed and much more of the money regulated by the schools will be going back to the schools. Never a good thing for bureaucrats.
That leaves the only viable option if the NCAA is to survive as a part of big time football. That is for there to arise a phoenix from the ashes of this nil mess. A separate entity/super league that agrees to continue a relationship with the organization, revamped in how it deals with major football, especially in how it deals with NIL. The NCAA has to agree that they are out of the nil regulation business. That has to fall to the schools to deal with. Any working agreement the 10 and SEC arrive at must operate within the laws as set forth in the Supreme Court’s ruling. In the end, Nil cannot be limited or regulated. Schools cannot come up with any gentlemen’s agreement to limit pay. That too is a violation of antitrust laws and constitutes collusion.
The NCAA’s wise move would be to agree they’re out of the NIL regulations business. Agree to continue doing what they actually do well: Schedule, manage bowls, playoffs and tournaments and investigate only matters that deal with fairness of play, e.g., suppose a team was stealing signals by videoing their opponents, not that anyone would stoop so low as to do that. Much of the NCAA’s fight has been to hang on to investigative work. Why? Because it pays them tens of millions in billable hours for their lawyer cronies. That’s going to fall by the wayside since legally paying players will render it unnecessary.
In the end, it’s The SEC and Ten that will rule major football on their own terms. That ship has sailed for the NCAA. If they play their cards right and bend the knee to Sankey, he may just let them have the crumbs that fall from the rich man’s table.