NCAA releases statement eliminating the need for the Transfer Portal

GTJackets

Ramblin' Wreck
Messages
854
Location
Moncks Corner, South Carolina


So. the ACC and BIG12 are supposed to comply as we work toward building "a new framework" that is clearly geared toward favoring the SEC and B1G. Miami (the ACC) are the ones not acting in good faith with improper contact?

For years I've had to listen to how no school will accuse others directly of paying players (back when it was against the rules) because everyone was doing it. Are they sure this is a rock they really want to turn over? Did they poll all the B1G coaches to ensure they aren't guilty of the same thing? Can't believe their partners in the SEC are going to go along with this are they?
 

roadkill

Helluva Engineer
Messages
1,955
So. the ACC and BIG12 are supposed to comply as we work toward building "a new framework" that is clearly geared toward favoring the SEC and B1G. Miami (the ACC) are the ones not acting in good faith with improper contact?

For years I've had to listen to how no school will accuse others directly of paying players (back when it was against the rules) because everyone was doing it. Are they sure this is a rock they really want to turn over? Did they poll all the B1G coaches to ensure they aren't guilty of the same thing? Can't believe their partners in the SEC are going to go along with this are they?
I think going forward that contracts between schools and S-As will be one of the few ways to control the wild west environment they are in now. A legally drawn up contract between a school and a player has the force of law, something NCAA rules do not.
This situation has nothing to do with the ACC or B12 being viewed as inferior to the BIG Ten.
 

RonJohn

Helluva Engineer
Messages
5,115
I think going forward that contracts between schools and S-As will be one of the few ways to control the wild west environment they are in now. A legally drawn up contract between a school and a player has the force of law, something NCAA rules do not.
This situation has nothing to do with the ACC or B12 being viewed as inferior to the BIG Ten.
I agree that it is not something between the conferences in general. The Big10 on the other hand issused a statement that seems to say that the Big10 is creating rules and trying to move forward, while the ACC allows it's members to do whatever the heck they want to do.

 

Techwood Relict

Helluva Engineer
Messages
1,561
Folks are taking a contract dispute between a school and an athlete and making it an issue with the portal in general.
Said every lawyer that thinks he can make money suing the NCAA......

I Support You Dragons Den GIF by CBC


PS I'm a lawyer. If any of you are trying to transfer and think we can make money, please call 1800linemypockets. My assistant is standing by.....
 

GTNavyNuke

Helluva Engineer
Featured Member
Messages
10,092
Location
Williamsburg Virginia
The title of this thread is misleading. The transfer portal is still alive and well, and serves to facilitate the process of allowing players to move between schools. Folks are taking a contract dispute between a school and an athlete and making it an issue with the portal in general. The portal is only tangentially involved because Wisconsin didn’t allow it to be used.

Although House isn’t final yet, it has shown that it isn’t illegal for a school to contract with and pay players directly. In fact, it never was illegal – it was only against NCAA rules which do not have the force of law.

The challenge for the NCAA going forward is that by its very nature, it's an organization where schools collectively agree (collude) to make rules for athletes. As has been shown repeatedly in recent years, any rule which attempts to restrict or control revenue opportunities for S-As is likely to be found illegal.

Legal NCAA rules: How you play the game.

Illegal: How much money you can make playing the game.

I wonder if the next NCAA rule tested in court is going to be eligibility. This is a gray area to me – could an S-A claim that NCAA "student in good standing" requirements prevent them from making bank? What about the 4-year rule/redshirt rules?

I think "student in good standing" is the one of the few, if not only, requirement. Can anyone think of any others? Maybe sex at birth for M or W sports.
 

tmhunter52

Helluva Engineer
Messages
2,485
That statement sure reads to me as saying teams in the playoffs can pickup transfers and start using them during the playoffs. I'd imagine the use case would be fairly limited since whoever you pick up will have very limited time to learn a playbook, but certain positions could probably still see the field if you brought in a player who was significantly more talented than what you've got, even if just for specific plays.
Maybe it is finally time for a real, honest-to-goodness semipro football league, not unlike farm teams in pro baseball, and let colleges get back to something faintly resembling “amateur” athletics.
 

roadkill

Helluva Engineer
Messages
1,955
I think "student in good standing" is the one of the few, if not only, requirement. Can anyone think of any others? Maybe sex at birth for M or W sports.
Academic progress toward a degree is probably still legal, but as discussed in another thread, schools have been gaming it to the point where it is essentially meaningless.
 

roadkill

Helluva Engineer
Messages
1,955
I agree that it is not something between the conferences in general. The Big10 on the other hand issused a statement that seems to say that the Big10 is creating rules and trying to move forward, while the ACC allows it's members to do whatever the heck they want to do.


I took the B10's statement more as a criticism of Miami than of the ACC. "These (Miami's) actions undermine the efforts of its own conference as the ACC continues its collaboration with the other A4 conferences..." seems to be acknowledging the ACC's working with the B10 and other A4 conferences while also saying Miami isn't playing by the rules the ACC has agreed to.

I'm expecting to see a statement from Jim Phillips saying something like "The ACC takes these allegations directed at a member institution very seriously. We are committed to ensuring that agreed-upon rules are adhered to amongst all our members, in the spirit of fair competition."
 

Root4GT

Helluva Engineer
Messages
3,659
Maybe it is finally time for a real, honest-to-goodness semipro football league, not unlike farm teams in pro baseball, and let colleges get back to something faintly resembling “amateur” athletics.
Way too much money for way too many people for that to happen
 

Root4GT

Helluva Engineer
Messages
3,659
I took the B10's statement more as a criticism of Miami than of the ACC. "These (Miami's) actions undermine the efforts of its own conference as the ACC continues its collaboration with the other A4 conferences..." seems to be acknowledging the ACC's working with the B10 and other A4 conferences while also saying Miami isn't playing by the rules the ACC has agreed to.

I'm expecting to see a statement from Jim Phillips saying something like "The ACC takes these allegations directed at a member institution very seriously. We are committed to ensuring that agreed-upon rules are adhered to amongst all our members, in the spirit of fair competition."
Wisconsin trying to enforce an unenforceable contract! Nice try but give the whining a rest! Refusing to allow a player into the Portal is bad and that is a big issue! Schools are required to enter a player into the Portal within 48 hours.

I expect Phillips will not make any public statement! I don't think he should. This is a Wisconsin /B1G problem that they are trying to shift blame!
 

RonJohn

Helluva Engineer
Messages
5,115
Wisconsin trying to enforce an unenforceable contract! Nice try but give the whining a rest! Refusing to allow a player into the Portal is bad and that is a big issue! Schools are required to enter a player into the Portal within 48 hours.

I expect Phillips will not make any public statement! I don't think he should. This is a Wisconsin /B1G problem that they are trying to shift blame!
Why is it unenforceable? NCAA does not make laws, only rules for their members. Is Phil Mickelson's LIV contract unenforceable because it violated PGA rules? The NCAA isn't even enforcing any rules associated with NIL.
 

Root4GT

Helluva Engineer
Messages
3,659
Why is it unenforceable? NCAA does not make laws, only rules for their members. Is Phil Mickelson's LIV contract unenforceable because it violated PGA rules? The NCAA isn't even enforcing any rules associated with NIL.
Because the contract was based on the "House" ruling that has not been accepted yet by the Parties involved yet. The money in the contract is coming directly from the schools which is contingent on approval of the "House" settlement. Currently schools cannot make direct payments to players.
 

RonJohn

Helluva Engineer
Messages
5,115
Because the contract was based on the "House" ruling that has not been accepted yet by the Parties involved yet. The money in the contract is coming directly from the schools which is contingent on approval of the "House" settlement. Currently schools cannot make direct payments to players.
What law says they can't? I didn't know of any. Again, the NCAA rules are not laws. They do not govern contacts. On to of that, even if they did, they are not even enforcing those rules at the moment.
 

roadkill

Helluva Engineer
Messages
1,955
Because the contract was based on the "House" ruling that has not been accepted yet by the Parties involved yet. The money in the contract is coming directly from the schools which is contingent on approval of the "House" settlement. Currently schools cannot make direct payments to players.
You seem to be confusing NCAA rules with law. Just because House hasn't been finalized yet doesn't mean a school paying a player now isn't legal. Pay for play is still against NCAA rules, but is legal.
 

Root4GT

Helluva Engineer
Messages
3,659
You seem to be confusing NCAA rules with law. Just because House hasn't been finalized yet doesn't mean a school paying a player now isn't legal. Pay for play is still against NCAA rules, but is legal.
If it’s legal why haven’t schools been paying players directly all along. Oh right they want to be in the NCAA. The contract was based on the House ruling allowing the direct payment.

No such authority exists for schools to directly pay players thus the contract with the player is based on something that dies not exist.

Good luck Wisconsin and the B1G trying to win that case. It will be one more case of the NCAA and its member schools losing in court.
 

MtnWasp

Helluva Engineer
Messages
1,137
I'm not a lawyer, but if two people scratch out an agreement with a crayon on a used napkin, and they both sign it, I think it is a legal contract.

Unless there is some conflict with a pre-existing law that nullifies an agreement, a contract will have legal weight.
 

Root4GT

Helluva Engineer
Messages
3,659
I'm not a lawyer, but if two people scratch out an agreement with a crayon on a used napkin, and they both sign it, I think it is a legal contract.

Unless there is some conflict with a pre-existing law that nullifies an agreement, a contract will have legal weight.
You actually think Wisconsin will prevail. Zero chance. The guy will play for Miami next year.
 

MtnWasp

Helluva Engineer
Messages
1,137
Root, I don't know what the contract says or what the conflict is. Usually contract disputes are due to poor language that allows multiple interpretations of the language. If the contract is iron clad, then if someone breaks their part of the contract they are liable for the losses of the others.

The player can go to Miami, but that doesn't mean he doesn't have to pay the Wisconsin NIL consortium for losses, depending if the contract was well written and covers the present contingency.

In short, what was the written agreement between the two?

My point is that there is no special certification that makes a contract valid.
 

Root4GT

Helluva Engineer
Messages
3,659
Root, I don't know what the contract says or what the conflict is. Usually contract disputes are due to poor language that allows multiple interpretations of the language. If the contract is iron clad, then if someone breaks their part of the contract they are liable for the losses of the others.

The player can go to Miami, but that doesn't mean he doesn't have to pay the Wisconsin NIL consortium for losses, depending if the contract was well written and covers the present contingency.

In short, what was the written agreement between the two?

My point is that there is no special certification that makes a contract valid.
The issue is the contract is based on something that does not exist in college football. Schools which are the NCAA, by their own rules, are not allowed to directly pay players. They are required by their own rules to enter a player into the Portal within 48 hours of the players request.

Wisconsin had players sign contracts that are specifically prohibited by their own rules and failed to carry out the task as defined by their pin rules.

That is a very weak legal case. Yea we did things we agreed that we would not do them didn’t do things we arreed we would do.

Good luck wining that case.

The second issue is the NIL collective. Again it is against NCAA rules to have pay for play contracts. So no Wisconsin and their NILs which can work with the school AA have allegedly written a contract that violates the rules that Wisconsin agreed to abide by.

Clearly this will be decided in the courts
 
Last edited:
Top