If Tennessee chooses state law over NIL pledge, it risks being kicked out of SEC

#76
#76
UT97Vol said:
Exactly, and any attempts to punish for not signing it would itself be an anti-competitive act met with extreme judicial prejudice. Just the mere fact the SEC has asked for a pledge shows just how weak the potential settlement is.

Once this can of worms was opened you can't put it back in the box. The NCAA isn't just in trouble for losing football, they're likely to no longer exist at all. The problem is and always has been the non-profit, tax exempt status of universities. How can you run college football as part of a university sponsored activity and avoid this? And why the ultimate outcome is one that I fear will happen sooner or later. It's a conundrum and why college sports will likely have to separate from the Universities. Can't wait for the day when Alabama's football team decides to relocate to LA because they didn't get a new stadium. Sigh.
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I actually relish the prospect of us suing the SEC and NCAA to the point where they have to disband. The conference started in Knoxville, seems fitting it would end here
 
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#77
#77
VolFan_stuck_in_the_901 said:
I actually relish the prospect of us suing the SEC and NCAA to the point where they have to disband. The conference started in Knoxville, seems fitting it would end here
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I'm not even convinced this House Settlement is going to get finalized even though we keep hearing its imminent. But let's assume for a moment the House Settlement gets done. Tennessee has stated publicly they will follow the settlement guidelines. So, the SEC's demand for a pledge seems to be artificially targeted directly at Tennessee. Which is kind of dumb since we already said we would abide by the House agreement. They painted themselves into a corner on this one.

Edit: As I've looked at the Bill closer, I believe the big reason for it is something I've wondered about previously being an issue as those negotiations in Congress have played out. UT likely believes the House Settlement shifts the risks from the association to the schools. This law protects and shields the school from having to follow something they know is going to put them in the crosshairs of future lawsuits. That's what the SEC is asking members to take on. Just sign it, join in, and don't worry about taking it up the rear end. No thanks. Well done Danny W.
 
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#80
#80
UT97Vol said:
Exactly, and any attempts to punish for not signing it would itself be an anti-competitive act met with extreme judicial prejudice. Just the mere fact the SEC has asked for a pledge shows just how weak the potential settlement is.

Once this can of worms was opened you can't put it back in the can. The NCAA isn't just in trouble for losing football, they're likely to no longer exist at all. The problem is and always has been the non-profit, tax exempt status of universities. How can you run college football as part of a university sponsored activity and avoid this? And why the ultimate outcome is one that I fear will happen sooner or later. It's a conundrum and why college sports will likely have to separate from the Universities. Can't wait for the day when Alabama's football team decides to relocate to LA because they didn't get a new stadium. Sigh.
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I am reasonably certain the teams will have to separate from the schools also and it's chilling to think a group of wealthy neuvo-Nashvillians could buy the rights to the Tennessee Vols logo and threaten to move the team away from Knoxville to the soon to be much, much larger Nashville metro area.

While the old heads will scream "Neyland or nothing," the younger generation won't grow up with the school and Vols being synonymous and the Nashville market and money will easily dwarf the Knoxville market.

I know you guys will scream it's impossible but there's absolutely no way tradition will top money for the next generation. It never does or the Braves would still be in Milwaukee, if not Boston.
 
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#82
#82
Other schools care and want to make the playing field as even as possible with NIL, but the actual SEC governing body under Sankey has their hands tied. The SEC is a private organization and is subject to all State and Federal laws. If Tennessee refuses to sign this loyalty document, then what can they do? We are a charter member and will not be removed from the conference lol. Especially since Sankey only cares about one thing: $$$. Losing Tennessee, one of the most highly watched teams in the conference, is a huge hit to the bottom line. If the money is there, then so is Tennessee.
 
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#85
#85
Nico ee-ah-MAH-LAY-ah-va said:
Other schools care and want to make the playing field as even as possible with NIL, but the actual SEC governing body under Sankey has their hands tied. The SEC is a private organization and is subject to all State and Federal laws. If Tennessee refuses to sign this loyalty document, then what can they do? We are a charter member and will not be removed from the conference lol. Especially since Sankey only cares about one thing: $$$. Losing Tennessee, one of the most highly watched teams in the conference, is a huge hit to the bottom line. If the money is there, then so is Tennessee.
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The SEC office is in Birmingham. They are stupid enough to forfeit the extra revenue just to make an example out of TN.
 
#86
#86
SayUWantAreVOLution said:
I am reasonably certain the teams will have to separate from the schools also and it's chilling to think a group of wealthy neuvo-Nashvillians could buy the rights to the Tennessee Vols logo and threaten to move the team away from Knoxville to the soon to be much, much larger Nashville metro area.

While the old heads will scream "Neyland or nothing," the younger generation won't grow up with the school and Vols being synonymous and the Nashville market and money will easily dwarf the Knoxville market.

I know you guys will scream it's impossible but there's absolutely no way tradition will top money for the next generation. It never does or the Braves would still be in Milwaukee, if not Boston.
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The schools will never relinquish the teams. Regardless of how this all plays out, the schools own the rights and would never sell those. Too much money and engagement for them to sell off the athletics. It is a continual cash cow for the university and keeps the lights on for a lot of buildings there.

The solution will be that athletes are contract employees of the school / state. They will no longer have to be students, but could be given educational benefits as part of their agreement (deferred degree programs for after their athletics are over).

This way, the school keeps their cash cow, the athletes get contracts with guaranteed pay, and the school can predict the operating costs. UT would never sell off their assets when they print money.

The NCAA will be dissolved in favor of a true minor league of wealthy college teams with contract athletes. Smaller conferences will die.
 
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#88
#88
loservol said:
The SEC office is in Birmingham. They are stupid enough to forfeit the extra revenue just to make an example out of TN.
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If your argument is that the SEC is stupid and will make a stupid decision then I am sorry but Sankey and the SEC leadership have done nothing but make more money each year and will continue to do so.

Sankey would lick Saban's shoes for an extra $500,000 bonus. He doesn't give a crap who wins in this league as long as the green numbers get bigger each year, which they have been for a long time.

Tennessee helped make every other SEC school more money too btw. Last year's payouts from the SEC were 52 million PER SCHOOL. Does Miss State care that our NIL laws are a little better? Nah, but they absolutely care about getting $52 million a year for fielding several crappy athletic teams while the upper tier schools do the heavy lifting for them.
 
#89
#89
From op's article: "And the pledge also requires schools to waive their right to sue the NCAA or conferences if they disagree with the implementation of those rules."

Not no but hell no. Call their bluff and tell them to kick rocks.
 
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#90
#90
dduncan4163 said:
If Tennessee chooses state law over NIL pledge, it risks being kicked out of SEC


A new Tennessee law triggered the power conferences of college sports into demanding member schools like the University of Tennessee and Vanderbilt to sign a loyalty pledge over new player pay rules or face possible expulsion.

Knox News confirmed the existence of the loyalty document through a source with direct knowledge of the situation. The source requested anonymity because those correspondence are between the conferences and member schools.

The document is being circulated by the ACC, Big 12, Big Ten and the SEC. It demands that member schools agree to follow new rules involving paying players despite state laws giving the freedom to circumvent the rules. And the pledge also requires schools to waive their right to sue the NCAA or conferences if they disagree with the implementation of those rules.


Let them try
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The “loyalty document” is likely unenforceable under the antitrust laws because it is collusion and it stifles free competition.
 
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#91
#91
Nico ee-ah-MAH-LAY-ah-va said:
The schools will never relinquish the teams. Regardless of how this all plays out, the schools own the rights and would never sell those. Too much money and engagement for them to sell off the athletics. It is a continual cash cow for the university and keeps the lights on for a lot of buildings there.

The solution will be that athletes are contract employees of the school / state. They will no longer have to be students, but could be given educational benefits as part of their agreement (deferred degree programs for after their athletics are over).

This way, the school keeps their cash cow, the athletes get contracts with guaranteed pay, and the school can predict the operating costs. UT would never sell off their assets when they print money.

The NCAA will be dissolved in favor of a true minor league of wealthy college teams with contract athletes. Smaller conferences will die.
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Lease the rights, collect a check, avoid the hassle of owning. That's what I envision.

I'm not an attorney and I think the Packers are a pro team run as a non-profit but I recall reading that legal issues with the school and owning a pro team exist. I am not certain of the specifics.

Besides that, why the heck should a university own a couple of pro sports franchises?

Edit: researching a little, one sticking point seems to be that universities are run tax free but owning a pro franchise and being tax free is apparently a bit problematic. Again, I'm not an attorney and certainly not a tax accountant.
 
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#92
#92
Nico ee-ah-MAH-LAY-ah-va said:
The schools will never relinquish the teams. Regardless of how this all plays out, the schools own the rights and would never sell those. Too much money and engagement for them to sell off the athletics. It is a continual cash cow for the university and keeps the lights on for a lot of buildings there.
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For a handful of schools, there is some profit in some years, but the vast majority of Division 1 college athletic programs lose money. And even the biggest programs lose money some years.

The tired and constant accusation of schools making mountains of profit for people has always been, mostly, misleading and emotional. The schools invest almost everything back into the athletics programs. Coaches and ADs were overpaid, to be sure, because it was the only thing schools could waste money to compete on without running afoul of the NCAA's regulations. We can thank the Jimmy Sextons of the world - and Jimmy Sexton in particular - for that.
 
#94
#94
What do you get when you mix lawyers, judges, and politicians in one big pot? A big stinking mess of the whole state of college sports today. After all, what would you expect?
 
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#95
#95
dduncan4163 said:
If Tennessee chooses state law over NIL pledge, it risks being kicked out of SEC


A new Tennessee law triggered the power conferences of college sports into demanding member schools like the University of Tennessee and Vanderbilt to sign a loyalty pledge over new player pay rules or face possible expulsion.

Knox News confirmed the existence of the loyalty document through a source with direct knowledge of the situation. The source requested anonymity because those correspondence are between the conferences and member schools.

The document is being circulated by the ACC, Big 12, Big Ten and the SEC. It demands that member schools agree to follow new rules involving paying players despite state laws giving the freedom to circumvent the rules. And the pledge also requires schools to waive their right to sue the NCAA or conferences if they disagree with the implementation of those rules.


Let them try
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It's extortion. That's how NCAA execs go to federal prison.
 
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#97
#97
Remy said:
A "loyalty" document produced to be signed under duress by threat of expulsion and intentionally to override state law which it can't, seems like a massive law suit where Tennessee ends up owning the SEC if they are expelled. I say let them give it their best shot. I look forward to Danny White running the SEC office out of Knoxville.
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I'm with you. They don't have a legal foot to stand on and Danny knows it. Call their bluff
 
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#98
#98
OrangeScare said:
Screwem all! This whole mess is the NCAAs fault. They fought against paying athletes for so long and refused a collective bargaining agreement. The NIL has destroyed College sports and to think it could’ve been avoided so easily. What a JOKE! Screwem!
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Yup CFB is a mess and it all lays at the feet of the NCAA.
 
#100
#100
UT97Vol said:
I'm not even convinced this House Settlement is going to get finalized even though we keep hearing its imminent. But let's assume for a moment the House Settlement gets done. Tennessee has stated publicly they will follow the settlement guidelines. So, the SEC's demand for a pledge seems to be artificially targeted directly at Tennessee. Which is kind of dumb since we already said we would abide by the House agreement. They painted themselves into a corner on this one.

Edit: As I've looked at the Bill closer, I believe the big reason for it is something I've wondered about previously being an issue as those negotiations in Congress have played out. UT likely believes the House Settlement shifts the risks from the association to the schools. This law protects and shields the school from having to follow something they know is going to put them in the crosshairs of future lawsuits. That's what the SEC is asking members to take on. Just sign it, join in, and don't worry about taking it up the rear end. No thanks. Well done Danny W.
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I've said it before and will say it again. Danny White is the best thing to happen to TN in my lifetime. The man is a master of his craft.
 
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