The NCAA vs. the courts, in an effort to stop the employment model (On3)W
Why the NCAA has put all efforts to derail employment model in Congress' hands
-- Eric Prisbell, On3
As Charlie Baker fielded questions from federal lawmakers for the first time since becoming NCAA president in March, the focus of the 10th NIL hearing on Capitol Hill turned to the industry's most consequential matchup:
The NCAA vs. the courts.
The NCAA has decided that begging Congress for federal legislation – that specifically includes limited antitrust protection and a designation that athletes are not university employees – is its best, and perhaps only, defense against what many see as an inevitability: the coming employee model.
The employment train is barreling down the tracks. Amateur hour is over. And the NCAA views a congressional lifeline as the only way to derail it.
This is the NCAA's fourth-down Hail Mary pass – throwing into the wind.
"Even employee status, all this is about is, 'We don't want to pay them [athletes] fairly," witness Ramogi Huma, a longtime athlete advocate, said during the hearing. "We're talking about equal rights. And this industry is operating in illegal fashion. It is breaking antitrust law. Breaking labor law. And now it's coming home."
Don't be distracted by Senators describing the NIL world as "dangerous chaos" or "absolute chaos" or mere "chaos."
The beleaguered NCAA sees the writing on the legal wall: In a post-Alston world, federal courts are increasingly looking askance at the association.
Plenty of battles are afoot: The high-stakes House antitrust case is proceeding in Oakland, while the Johnson lawsuit is ongoing in Pennsylvania. Meantime, the important National Labor Relations Board hearing begins next month over the unfair labor practice charges against the NCAA, Pac-12 and USC.
Baker's contention is that an employment model would force Division II and III schools to drop sports to club level because they wouldn't be able to afford them.
David Ridpath is a professor of sports business at Ohio University who has appeared before numerous congressional committees regarding college athletics. He saw Baker, Notre Dame Athletic Director Jack Swarbrick and Big Ten Commissioner Tony Petitti acting like college athletes are students while treating them as employees – but not giving the full rights of either category to the athlete.
"The sad reality is people on that panel put us where we are now," Ridpath told On3. "It is not about education. It is largely professional sports. The leaders do not want to unwind that because of the money and pressure to win, so they are hoping to have it both ways – and that will never work." – Eric Prisbell
Posted by Will Stewart on another board, since many of you are from other schools, I thought it deserved a lively discussion here too. It sure got many post on the other board that is almost all Hokies. What do you say about the future of college sports?
** Edited by Stech at 10/18/2023, 9:51:22 PM
Posted: 10/18/2023 at 09:49 PM ET
Thread Replies (31)
The NCAA vs. the courts, in an effort to stop the employment model (On3)W
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-- Stech
Oct 18, 2023 at 09:49 PM ET
Stech
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10/18/23 09:49 PM ET
I think its interesting the spokesmen comes from ohio
-- Mercury
Oct 20, 2023 at 07:21 AM ET
Mercury
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10/20/23 07:21 AM ET
Should colleges get out of the football and basketball sports business?
-- EDGEMAN
Oct 20, 2023 at 06:10 AM ET
EDGEMAN
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10/20/23 06:10 AM ET
The nfl makes huge profits how bout to the students
-- Mercury
Oct 20, 2023 at 07:19 AM ET
Mercury
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10/20/23 07:19 AM ET
The NFL doesn't need to do that, they only want 250 of the roughly 3,500 D1
-- VTNuke
Oct 22, 2023 at 10:27 AM ET
VTNuke
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10/22/23 10:27 AM ET
How about the NFL team pays the school the player came from when...
-- EDGEMAN
Oct 23, 2023 at 04:31 PM ET
EDGEMAN
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10/23/23 04:31 PM ET
Zero incentive for the NFL to do this
-- mrcaniac
Oct 23, 2023 at 09:57 PM ET
mrcaniac
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10/23/23 09:57 PM ET
Why would the NFL do that? And how does that help the players?
-- VTNuke
Oct 23, 2023 at 09:34 PM ET
VTNuke
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10/23/23 09:34 PM ET
Not realistic, Title IX, tax exempt status, both stand in the way of that
-- Vienna_Hokie
Oct 22, 2023 at 10:05 AM ET
Vienna_Hokie
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10/22/23 10:05 AM ET
If football and basketball become semi-pro sports (more than they are now)
-- EDGEMAN
Oct 23, 2023 at 06:28 AM ET
EDGEMAN
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10/23/23 06:28 AM ET
If they are affiliated with the schools, using facilities...
-- Vienna_Hokie
Oct 23, 2023 at 08:53 PM ET
Vienna_Hokie
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10/23/23 08:53 PM ET
But once they become "employees," everything changes.**
-- EDGEMAN
Oct 23, 2023 at 10:33 PM ET
EDGEMAN
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10/23/23 10:33 PM ET
Not necessarily because Title IX doesn't just apply to students.
-- VTHokie2000
Oct 24, 2023 at 06:37 PM ET
VTHokie2000
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10/24/23 06:37 PM ET
No school is going to take a "Title IX doesn't apply to this" stance
-- mrcaniac
Oct 24, 2023 at 11:14 PM ET
mrcaniac
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10/24/23 11:14 PM ET
That is likely true which makes things interesting given the trajectory
-- VTHokie2000
Oct 25, 2023 at 01:22 PM ET
VTHokie2000
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10/25/23 01:22 PM ET
They will be classified as employees also
-- mrcaniac
Oct 25, 2023 at 03:22 PM ET
mrcaniac
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10/25/23 03:22 PM ET
That is the most likely outcome which could influence how many schools opt
-- VTHokie2000
Oct 25, 2023 at 05:24 PM ET
VTHokie2000
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10/25/23 05:24 PM ET
The answer to that question will depend on the application of Title IX.
-- VTHokie2000
Oct 23, 2023 at 04:52 PM ET
VTHokie2000
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10/23/23 04:52 PM ET
That's sort of what Fox and ESPN are doing now...only funding a small...
-- EDGEMAN
Oct 20, 2023 at 08:13 AM ET
EDGEMAN
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10/20/23 08:13 AM ET
agree. now its going to be transparent.**
-- Mercury
Oct 20, 2023 at 08:38 AM ET
Mercury
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10/20/23 08:38 AM ET
Time to have a college "pro" division with no finance rules.
-- EDGEMAN
Oct 21, 2023 at 08:06 AM ET
EDGEMAN
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10/21/23 08:06 AM ET
Let the P2 have their own basketball tournament, and college world series
-- Big12 guy
Oct 23, 2023 at 10:49 AM ET
Big12 guy
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10/23/23 10:49 AM ET
I like the EPL model, where teams that suck move down, and the best...
-- EDGEMAN
Oct 21, 2023 at 08:08 AM ET
EDGEMAN
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10/21/23 08:08 AM ET
Help me out Edge, what is EPL model?**
-- ancient alien 2018
Oct 21, 2023 at 10:51 PM ET
ancient alien 2018
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10/21/23 10:51 PM ET
Check out Promotion and relegation section of this link
-- EDGEMAN
Oct 22, 2023 at 04:12 AM ET
EDGEMAN
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10/22/23 04:12 AM ET
Oh, soccer. OK thanks**
-- ancient alien 2018
Oct 22, 2023 at 09:51 PM ET
ancient alien 2018
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10/22/23 09:51 PM ET
I'd love to see Terry Tate pay a visit to Joe Manchin.**
-- reestuart
Oct 19, 2023 at 12:35 PM ET
reestuart
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10/19/23 12:35 PM ET
"...so they are hoping to have it both ways – and that will never work."
-- daveinop
Oct 19, 2023 at 08:36 AM ET
daveinop
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10/19/23 08:36 AM ET
The only way they will get around paying student athletes is through
-- Big12 guy
Oct 19, 2023 at 11:04 AM ET
Big12 guy
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10/19/23 11:04 AM ET
Nope, paying employees has nothing to do with their 501(C) status
-- Vienna_Hokie
Oct 22, 2023 at 09:59 AM ET
Vienna_Hokie
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10/22/23 09:59 AM ET
non-profits can make money and have employees
-- daveinop
Oct 21, 2023 at 05:50 PM ET
daveinop
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10/21/23 05:50 PM ET
Paying players will not affect Non-profit status. Non-profits typically
-- 33laszlo99
Oct 19, 2023 at 11:27 AM ET
33laszlo99
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10/19/23 11:27 AM ET