Court ruling - 2 time transfer eligibility

Patriot8

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GIVING DAY 2023
Not an attorney by any means, but those I follow on social seem convinced that the only way for the NCAA to get around antitrust issues is to make the players employees of their respective schools and then collectively bargain their labor contracts.

That conceivably could enable programs to offer everything from 1- to 4-year guaranteed deals with increasing salaries. Then both sides are locked in under the mutually agreed terms — no more unlimited transfers, but also no more running players off for poor performance.

Interesting times, for sure.
Employees can be fired. You can still run a kid off, you’ll just have to pay him his guarantee.
 

GMUgemini

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Employees can be fired. You can still run a kid off, you’ll just have to pay him his guarantee.

Not an attorney by any means, but those I follow on social seem convinced that the only way for the NCAA to get around antitrust issues is to make the players employees of their respective schools and then collectively bargain their labor contracts.

That conceivably could enable programs to offer everything from 1- to 4-year guaranteed deals with increasing salaries. Then both sides are locked in under the mutually agreed terms — no more unlimited transfers, but also no more running players off for poor performance.

Interesting times, for sure.

You could be right, but being a developmental league at that point I doubt they give most multi-year contracts. Most will be year-to-year. If you look at Europe, for instance, those guys bounce around teams almost yearly (sometimes multiple teams in a year) as they clear rosters almost every offseason. I have no idea what they’re going to do if they turn college athletes into professionals, but its a Pandora’s box I hope the athletes are ready to open.
 

Jack Strop

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You could be right, but being a developmental league at that point I doubt they give most multi-year contracts. Most will be year-to-year. If you look at Europe, for instance, those guys bounce around teams almost yearly (sometimes multiple teams in a year) as they clear rosters almost every offseason. I have no idea what they’re going to do if they turn college athletes into professionals, but its a Pandora’s box I hope the athletes are ready to open.
I don't think the NCAA will lose its anti-trust exemption to accommodate paying college athletes in a collective bargaining arrangement. It's untenable.

One has to realize that such an "employment" system if actualized would apply to ALL college athletes in NCAA sports. For many schools that would mean either killing their athletic programs overall or making the general cost of a college education rise substantially (who is going to gleefully pay for it???).

Plus, what would it do to Title IX? If athletes enter an employment-at-will organization then the employer could hire anyone it wants. Suddenly, player "salaries" are matched with revenue production potential. Face it, men's athletics are the typical bread-winners that subsidize their women's counter parts (even all non-revenue sports—men's or women's for that matter). It's a killer. For example, most women's sports on most campuses don't provide anything close to sustaining income—therefore, bye-bye women's sports. If the NCAA loses it's anti-trust exemption then it becomes emasculated. It will no longer be able to make and enforce rules—Title IX included.

One could say that Title IX can survive under a collective bargaining agreement. However, I don't think any university wants to entertain a CBA with an athletes' union. It would severely hamstring the P5 for one. Think about it—one athlete, one vote. There is clearly a huge majority of non-P5 athletes. In a CBA there's going to be talk about equitable revenue sharing across the board. What happens to the gobs of money that go to P5 schools? It gets sucked up by EVERYONE! Whoops... there goes the revenue stream. Do you think the power of the P5 will hold fast against such a threat? If you like the way things are now then you had better hope so. Almost certainly the NCAA will break into smaller fiefdoms. The Big 10 (20 or 30 or 40) would become the "big league" and everyone else would be an afterthought. Gah—that would SUCK ROYALLY!

I hope the judge or judges consider the calamity to college sports that would ensue if the NCAA lost its anti-trust exemption. In my opinion, just stay clear of this road. I hope the NCAA can.
 
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Pablo

Hall of Famer

Author: Associated Press
Published: 10:07 PM EST January 19, 2024
Updated: 10:07 PM EST January 19, 2024

"COLUMBUS, Ohio — The Department of Justice, three more states and the District of Columbia have joined a lawsuit against the NCAA's transfer eligibility rule.

The federal agency signed on to the action, saying in its announcement this week that the NCAA rule on transfers is 'an illegal restraint on college athletes' ability to sell their image and likeness and control their education.'

The DOJ said attorneys general from the states of Minnesota, Mississippi, Virginia, and the District of Columbia have also signed on to the suit.


'There is strength in numbers,' said Ohio attorney general Dave Yost, who along with six other states, filed the original suit on Dec. 7 in U.S. District Court for the Northern District of West Virginia.

An email from the NCAA to The Associated Press on Friday referred to its last public statement on Dec. 15 and said the organization would have no additional comment at this time.

The states are challenging the NCAA rule that athletes who want to make a second transfer in Division I must wait a year before competing in their sport.

The lawsuit, which alleges the NCAA transfer rule’s waiver process violates federal antitrust law, could have a profound impact on college sports if successful. In court documents, the NCAA has said the plaintiffs 'seek to remake collegiate athletics and replace it with a system of perpetual and unchecked free agency.'”
 
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