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Trans Women in Women's Sports: Yea or Nay?

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On top of the tone deaf "unions bad, status quo good" argument, Lou Anna Simon resigned as president of Michigan State after Larry Nassar was convicted of sexual abuse. That letter aged very poorly for Hatch.
 
The National Law Review, one of the biggest and most well-known sources of legal news for attorneys, today published an article summarizing the current challenges facing the NCAA and those member schools making big bucks from TV. It's a pretty good summary of the big issues.

The changes happening now to the NCAA remind me of a quote from Ernest Hemingway's novel, The Sun Also Rises: "How did you go bankrupt? Two ways. Gradually, then suddenly."


Allowing college athletes to be paid for their name, image, and likeness (NIL) has changed college sports, but several decisions that are due in the coming months could make college sports unrecognizable. First, several tribunals could decide that college athletes are employees, not only of their college but also of the NCAA. Second, the NCAA and the “Power Five” Conferences could find themselves owing former college athletes billions of dollars because of past restrictions on NIL compensation. Third, if the NCAA’s lobbying efforts are successful, Congress could intervene with a solution of its own. What’s certain is that college sports will be different than they are today. This article provides some background on the various decisions that will serve as the basis for these changes.

Can College Athletes Unionize?

In September 2023, the Dartmouth College men’s basketball team filed a petition seeking to be represented by a labor union. Employees can unionize, so the petition presents the question of whether college athletes are employees under the National Labor Relations Act (NLRA). That question requires that the National Labor Relations Board (NLRB) answer two questions: (1) can students be employees of their college and (2) is being an athlete employment?

The NLRB has already decided that being a student at a university doesn’t prevent a person from also being an employee of that university. Recently, labor organizing has been rampant among both graduate and undergraduate students, e.g., graduate teaching assistants, resident assistants, student dining service workers, and tour guides. The next question is whether an athlete can be an employee. Of course, many athletes have long been unionized, e.g., NFL, NBA, MLB and NHL. Does it follow then that a student who is also an athlete can be an “employee.” In 2015, football players from Northwestern University tested that question, but the NLRB refused to assert jurisdiction without deciding the question. In the Dartmouth case, that question is now pending before the Regional Director (RD) for the NLRB. A decision could come at any time...


Another interesting article from today is this AP profile of NCAA president Charlie Baker, a former Republican governor in the Democrat state of Massachusetts. Baker had no experience in academia or sports and was hired mainly because of his background in politics.


...“Some people are going to say you’re going too far and people will say but you’re not going far enough,” Baker said.

It’s part of a larger effort by the 67-year-old to help persuade lawmakers in Washington that the NCAA is trying to get ahead of its legal troubles as they face antitrust challenges that could usher in a new reality where some athletes are treated like paid employees. Coming to terms with that future is one reason the NCAA hired Baker.

Linda Livingstone, president of Baylor University and chair of NCAA board of governors, said Baker’s history as governor and stint as a former CEO of Harvard Pilgrim Health Care demonstrated an ability to listen, learn and adapt...


A couple days ago, Baker wrote this "open letter" to NCAA athletes asking for their "thoughts and opinions" on his proposed reforms introduced on December 5. It's a nice idea, I guess, but it seems like more of a PR stunt than a real attempt to include athletes in the discussion. Right now many athletes probably see the NCAA more as an adversary than a partner in the process. But I give him credit for trying.

 
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Everyone-players, coaches, fans, agents, NIL collective heads-wants to know how much athletes are making from NIL deals. What's the price for a top QB in the transfer market?

The answer is no one really knows. There are no reliable numbers shared or made public and the numbers that do get mentioned are probably exaggerated.


The rumor mill for NIL collective deals is now an annual tradition in college sports, a space where stories of alleged offers to athletes in the transfer portal go viral on almost a weekly basis.

But many of the biggest headlines report vastly overinflated numbers, according to four industry experts who work for or with collectives and athletes. “You can say whatever you want, because no one knows … no one talks numbers,” one Power 5 collective operator tells Front Office Sports. “Even our athletes lie about what they make to other athletes on the team.”

...A slightly more tempered but still jaw-dropping headline: Nebraska head coach Matt Rhule said in December that a “good quarterback” costs somewhere between $1 million and $2 million in the portal.

“That’s just completely made up,” the Power 5 collective operator says.

...One Power 5 collective operator says that even within the richest group of schools, there are three different tiers of collectives representing vastly different amounts of money for players.

Sources agree that athletes employed by the top tier will make in the ballpark of seven figures, but one added that some athletes make this amount of money due to a combination of collective earnings and other NIL contracts.

Some companies with access to collective contracts have attempted to publish aggregate data. Belzer reported that 61 “Power 4” one-year contracts that ran through his company totaled $7.3 million, with athletes receiving an average of $120,000. Other companies, like Opendorse and INFLCR, have also released aggregate data on the collectives they engage.

While these numbers are the closest thing in the industry to a complete picture, the data has significant limitations:

  • These companies only have access to the collectives they work with, so their data is hardly representative of the entire industry.
  • Companies (specifically Opendorse and INFLCR) only have access to the data that their schools or collectives report.
  • Due to the limitations of basic math, averages could be skewed by a huge contract outlier.
There’s a reason the NIL industry has a stunning lack of transparency: NIL deals aren’t player salaries. In the pros, athlete salaries are made public because they’re collectively bargained—but players aren’t required to disclose endorsement contracts or other private business dealings.

...In college athletics, the opacity can help and harm all parties. Since collectives themselves don’t know what competitors are truly offering, athletes or agents can leverage completely fabricated offers—or wind up empty-handed if they overestimate their marketplace value.

..There’s a movement, at least at the NCAA level, for real transparency. NCAA president Charlie Baker has asked Congress to pass a federal law that would require some sort of disclosure of NIL deal values, even without specific athletes’ names attached. Many frustrated coaches support that movement.

Achieving transparency could be relatively simple: The NCAA could agree to collectively bargain with athletes and create a revenue-sharing or salary agreement, experts have noted.

...The NCAA, meanwhile, is fighting tooth and nail—in courts and in Congress—against athlete unionization, collective bargaining, or employee status. So for now, the NIL market will remain a rumor mill, for everyone involved.
 
An article in Tuesday's Wall Street Journal contrasts spending by colleges on players with their spending on coaches and sports staff:


sports spending.jpg

...The NCAA has historically limited college athletes’ compensation to tuition, room, board and, in the wake of a 2021 Supreme Court decision, small grants. Even with that modest augmentation, the NCAA rules—set against schools’ brimming coffers—have created a divide.

In 2022, Power Five athletic departments spent an average of $53 million on coaches and staff across all sports but just $18 million on financial support for athletes. That’s according to financial data from dozens of the nation’s biggest athletic departments gathered by the Knight-Newhouse College Athletics Database and analyzed by The Wall Street Journal.

Michigan, for instance, spent $75 million on coaches and staff in 2022, compared with $33 million on athlete aid and meals. The athletic department has about 350 staff members and 950 athletes.

The figures don’t include endorsement deals—money that comes from outside of the school—that coaches or athletes sign. Such deals for athletes let them earn compensation—and for big stars, windfalls—in recent years for the first time. But NCAA rules still maintain one philosophical red line, that schools can never pay athletes to play for them.

The gap between what colleges pay coaches and what they allocate in athlete funding provides a dramatic backdrop to the rising pressure for college athletes to be paid, and specifically out of the billions of dollars generated by their sports. A wave of lawsuits is also contributing to the push, with various cases working their way through courts around the country. Any one of them could result in a decision that forces pay for players.

The furthest along is a federal case in California, in which past players are suing for damages in the form of lost endorsement money at a time when the NCAA banned such deals, and which also argues that players should have access to a portion of television rights deals worth hundreds of millions of dollars. Both claims rest on an idea that has increasingly vocal support from judges all the way up to the U.S. Supreme Court, and within the Justice Department—that the NCAA’s longstanding rules severely restricting athlete compensation may not withstand antitrust scrutiny.

Even the NCAA is starting to feel the force, with association president Charlie Baker recently unveiling a proposal that would let top athletics departments pay athletes directly through their own endorsement deals and trust funds. The move remains an idea at the moment, and would need to be approved by NCAA member schools. In the past, hundreds of smaller programs have balked at radical changes to the school-athlete relationship. The proposal marks a radical shift from the top of an organization that for decades had clung to the notion that college sports couldn’t survive its athletes being paid to play...

...That college football coaches have changed where they stand on this issue is especially notable because they have the most to lose in future contracts should athletes gain a share of revenue. From Saban’s $11.4 million annual pay to Swinney’s $10.9 million and Brian Kelly’s $10 million, they’re among the highest-paid coaches in all of sports.

Those coaches’ perspectives also pit them against college athletic conferences, which have lined up against revenue-sharing, including lobbying the U.S. Congress for a federal law that would block any attempts by states to mandate it. Conference lobbyists have told U.S. lawmakers that revenue-sharing requirements could change the familiar look of college sports and result in some sports being cut.

At a preseason media event last summer, Southeastern Conference commissioner Greg Sankey said that revenue-sharing efforts “create new threats around the support of Olympic and women’s sports….

And our primary objective is to continue these broad-based, widespread opportunities through experiences, friendships, learning opportunities, competitive opportunities that are inherent in the higher education setting in a continuing focus for those of us in college athletics.”

But in California, activists continue to push a bill that would require universities in the state to use all new athletic revenue generated by sports such as football and basketball to pay players. Legislation passed the state assembly in the summer, before stalling in the state senate amid an all-out effort by the conferences to block it. Advocates have vowed to revive the effort in the middle of next year.

Supporters and opponents of revenue-sharing alike have viewed legislative efforts in California as having the power to make the rest of the country follow. “Something’s going to happen,” said Ramogi Huma, a former UCLA football player who has spent two decades pursuing compensation and protections for college players, and is the architect of the California push. “Once the monopoly is broken, the schools have to keep up.”
 
This article from Friday's Wall Street Journal mostly repeats information that members of this board already know, but there are a couple interesting facts in the article, mainly the mention of just how HUGE is the revenue generated by college sports.

The article also mentions Livvy Dunne, whom many of you guys probably never heard of :D, so I am including a photo of her.

Livvy.jpg

Revenue.jpg


A social-media post like that would have been odd coming from an amateur athlete like Caleb Williams just a few years ago. It might even have sparked an investigation. But the University of Southern California quarterback, last year’s Heisman Trophy winner, won’t have to wait until April’s National Football League draft to be a millionaire. He already is, thanks to commercial endorsements for companies like Keurig Dr Pepper, United Airlines and Wendy’s.

And Williams easily could get out-earned by his one-time backup, Malachi Nelson, who completed just one pass at USC before announcing his intention to transfer this month. While still a high school junior, Nelson drove to algebra class in his $90,000 Mercedes and told Sports Illustrated in 2022 that he expected to earn nearly $1 million before even suiting up at USC.

With as much revenue as Major League Baseball and England’s Premier League combined, college sports already had multimillion-dollar bidding wars for coaches and eight of the world’s 10 largest stadiums. That largess didn’t extend to its unpaid players until recently, though, notwithstanding open secrets like the gold Trans-Am star running back Eric Dickerson insisted for decades that he got from his grandmother...


...The National Collegiate Athletic Association for decades resisted paying players, but NIL ironically could turn college sports into an even bigger moneymaker by retaining stars. Take Monday’s Rose Bowl game between Alabama and Michigan that will decide who gets to play for the national championship. Shortly after Michigan’s New Year’s Eve upset loss in last season’s semifinal, Michigan supporters launched the One More Year Fund to keep elite running back Blake Corum in college despite being eligible for the NFL. The fund and others like it didn’t disclose how much was spent, but whatever the sum, it worked. Corum has played a big role in Michigan’s current undefeated season.

When people talk about NIL, they really mean two markets. There are commercial endorsements—Corum also has made money from the likes of Subway and Bose, for example. Then there is cash they get from boosters who want to help their team win commensurate with athletic ability, not marketing clout...

...Saban’s is the first face you see on the website of Bama’s “official” NIL entity, Yea Alabama, which has explicit cash donation tiers. A “starter” level is $216 annually, which gets you a decal and an invitation to a player autograph session. The $3,000 “Hall of Fame” includes autographs, meetings with athletes and other benefits. Some entities, like the Texas One Fund at The University of Texas, say that donations are tax deductible. Others, like Ohio State’s The 1870 Society, are explicitly for-profit entities. Colleges can’t direct the funds, but donors are under no illusion, says Lust...

...“Everybody in the country is in this arms race” said University of Utah football coach Kyle Whittingham to The Salt Lake Tribune in October after all 85 scholarship players were given free leases and insurance for $45,000 pickups by Utah’s Crimson Collective.

About half of college football fans root for just 16 teams, and Utah isn’t among them. Yet even Crimson Collective aims to raise $6 million for its football program next fiscal year, according to Erin Trenbeath-Murray of its steering committee...

...A less-known aspect of NIL is how it benefits those who will never go pro. Jula’s agency built an app ahead of the Supreme Court decision that provides a way for college athletes to indicate interest in getting paid. He says about 20,000 student athletes have used it to bid on NIL opportunities. Occasionally those who get a few hundred dollars for a social-media post see their content go viral...

...Take one of the top NIL earners, Louisiana State University gymnast Livvy Dunne, who can earn $30,000 per post to her 7.8 million followers on TikTok and five million on Instagram...

...NCAA President Charlie Baker would allow top programs to pay athletes directly for their name, image and likeness, but not others, creating a sort of super league. Separately, a class-action lawsuit certified in November could distribute hundreds of millions of dollars from broadcast rights directly to college athletes. TV and radio coverage is heavily skewed toward already prosperous programs.

NIL has been polarizing for college sports fans. Once the dust settles, the teams holding the trophies should look familiar.
 

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Around the country at winning schools, long time employees who worked for Booster Clubs have joined the NIL funds. This gives familiar faces to donors and gives credibility to them. And it's a reminder that the money now needs to go there--rather than the antiquated Booster Club.

Remember back in the day when Cook Griffin ran the Deacon Club with a pencil and a legal pad? He sure was great but there were massive problems with that model. We were late to adapt to a full scale operation.

We need to stop being late to adapt. Our competitors continue flying by.
 
Around the country at winning schools, long time employees who worked for Booster Clubs have joined the NIL funds. This gives familiar faces to donors and gives credibility to them. And it's a reminder that the money now needs to go there--rather than the antiquated Booster Club.

Remember back in the day when Cook Griffin ran the Deacon Club with a pencil and a legal pad? He sure was great but there were massive problems with that model. We were late to adapt to a full scale operation.

We need to stop being late to adapt. Our competitors continue flying by.
How many collectives are you supporting now?
 
As the clock ticks down to the New Year, On3.com takes a look back at the chaos of the past year in the world of college sports. Its year-in-review article covers some of the trends in college sports from 2023:

  1. Super conferences
  2. Legal threats faced by the NCAA
  3. Athletes as employees
  4. A Congressional antitrust lifeline for the NCAA
  5. The "Prime" effect (building a team with transfers)
  6. Female athletes benefiting from NIL
  7. NIL for HS athletes
For some reason, LSU gymnast Livvy Dunne always merits a mention in recent articles about NIL. Just in case you don't know who she is, here are a few photos:

LD.jpg


Flash back one year. Imagine telling a college sports fan that – of all schools Stanford, Cal and SMU would join – of all conferences – the ACC in 2024 because the history-rich Pac-12 Conference disintegrated during a cruel summer of realignment madness, leaving only the abandoned Pac-2 (a newly coined term) to rebuild the Conference of Champions.

Not even in Bill Walton’s worst fever dreams, streamed on Apple TV, would that scenario have been plausible.

Imagine telling the same friend that the NCAA President Charlie Baker would blindside leading stakeholders with a forward-thinking proposal that entails allowing schools for the first time to directly pay athletes. Yes, forward-thinking and NCAA uttered in the same sentence. Or that the new shades-wearing football coach at long-dormant Colorado, the one who ran off players and camped out last winter in the transfer portal, would be named Sports Illustrated‘s Sportsperson of the Year.

Your friend would suggest you lay off the eggnog.


So many significant changes in 2023

Yes, it’s been a doozy of a year in college sports – a dizzying, baffling, topsy-turvy, through-the-looking-glass kind of year. You can make it make sense only if you remember college athletics’ glorious North Star: Money.

Dollars drove virtually all the headline-grabbing moves this year. More dollars are flowing into the pockets of everyone atop the food chain, and even some on the outside (Jimbo Fisher). There’s a growing realization that many more dollars need to land in the hands of athletes on the field.

All developments weighed, the enterprise in 2023 took one small step toward athlete trust funds and one giant leap toward a professionalized model.

Further evolution awaits after New Year’s: more realignment machinations (we hear you, Tallahassee); more litigation starring NCAA antagonists – attorney Jeffrey Kessler and Judge Claudia Wilken; more proceedings with the National Labor Relations Board and perhaps One Shining Moment from Dartmouth’s men’s basketball team; more emerging female faces of NIL; more transfer portal angst from coaches (and not just Lane Kiffin); and much more money flowing into an expanded College Football Playoff.

Conversely, in our lives, we will have, unfortunately, less Bill Hancock and, fortunately, less George Kliavkoff.

Here are the seven most pivotal developments that brought this beautifully chaotic industry ever closer to a fully professionalized model as we enter 2024...
 
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Less than two days after CFP championship game ends, the NCAA annual convention opens in Phoenix. The convention will be the first opportunity for NCAA President Charlie Baker to start making the case to Division I schools to consider his December proposal for reforming big-time college sports.

The NCAA has a long history of rules and restrictions on NIL, transfers, scholarship benefits, etc. All the recent changes in those rules were forced on the NCAA by outside forces, especially legal proceedings and court decisions. So I don't have a lot of faith in the NCAA to come up with a plan for reforming college sports. The NCAA has been late more often than Beyonce and Rihanna combined.

So 2024 promises more chaos. There are no enforceable rules on NIL and no restrictions on frequency of transferring (other than what individual universities will allow). The current situation is like the NFL with no almost salary cap and almost total free agency for everyone.

Any proposal for reform must include its effect on Title IX. Women's sports have generally flourished under the current system but one longtime, prominent critic of college sports programs, Donna Lopiano, stated in an article in Forbes a couple days ago that 90+% of schools are already not in compliance with Title IX in their sports programs. She seems skeptical that Baker's proposal would help the situation.


  • While a future Title IX gender equity commitment is emphasized in the [Charlie Baker] proposal, there is no acknowledgement that 90% of NCAA member institutions are not currently in compliance with Title IX. Female athletes are being shortchanged in participation opportunities, scholarship dollars, and are not being equally treated with regard to publicity, promotion, and other benefits. It is highly unlikely that Baker’s proposed NIL cash payments to female athletes will be equitable.
It will be interesting to see what progress, if any, Charlie Baker can make at the upcoming convention. But for now the college sports world in the year ahead feels a lot like the one of the past year-chaos, only more so.
 
The conundrum for college sports is that football is the main producer of revenue. It is also the sport that has the biggest impact on keeping most schools from being in strict compliance with Title IX.

Any rework of college athletics has to solve this conundrum or the NCAA will be back in court yet again.
 
Football produces plenty of revenue. Yet Big East schools seem to do well at other sports.
 
Football produces plenty of revenue. Yet Big East schools seem to do well at other sports.
Big East deal with Fox expires after the 2024-2025 school year. Renewal negotiations are underway. We will see how much more than the current $4.6 million per team they get.
 
Just my opinion based on where things appear to be headed, but it seems like this thing could end up either with 85 or so schools willing to commit enough $$ to compete at the highest level as dictated by the NCAA (similar to the current P5, plus a few more willing to commit the $$), or it will contract to around 32 football schools based on t.v. eyeballs who will compete in that sport solely against each other. We'd probably be included in the first group, and 100% excluded from the 2nd; exclusion from the smaller group could be o.k. b/c there would still be plenty of similar institutions for us to compete against, i.e. Duke, NCSU, GT, etc. If the cutoff is closer to 64 than 32, we could find ourselves on the outside looking in at much of major college sports.
 
Just my opinion based on where things appear to be headed, but it seems like this thing could end up either with 85 or so schools willing to commit enough $$ to compete at the highest level as dictated by the NCAA (similar to the current P5, plus a few more willing to commit the $$), or it will contract to around 32 football schools based on t.v. eyeballs who will compete in that sport solely against each other. We'd probably be included in the first group, and 100% excluded from the 2nd; exclusion from the smaller group could be o.k. b/c there would still be plenty of similar institutions for us to compete against, i.e. Duke, NCSU, GT, etc. If the cutoff is closer to 64 than 32, we could find ourselves on the outside looking in at much of major college sports.

Any of those scenarios seem possible, though I think that the number of top teams remaining in some kind of top level division would be closer to 64 or 85, rather than just 32. TV needs and wants more content than what 32 teams would provide and there are probably more than 32 schools that would be willing to make the necessary commitment of money to remain at the top level.

Though the NFL gets by fine with just 32 teams, fan support for college teams is more broadly based geographically and many fans have that special alma mater attachment to a team that is more lasting than an attachment based on a place of residence (that can change multiple times during one's life).

As for where WFU would wind up, all we know for know is that AD John Currie has clearly stated that: "At Wake Forest, we are uncompromised on our commitment to compete at the highest level of intercollegiate athletics while delivering a World Class Student-Athlete Experience."

Also, don't forget that the NCAA might not be the organization that sets the standards for any new top division of college sports. The CFP and its Power 5 (now 4) member conferences control college football. The NCAA is desperately searching for a way to remain relevant as an organization at the top level of college sports but time will tell whether it can do so. Charlie Baker's proposal is a starting point but it could be too little, too late.
 
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An article in yesterday's The Athletic provided a good summary of all the current lawsuits and legal cases that threaten to create further chaos in college sports. Writer Justin Williams also provided this analysis of the Baker proposal and reactions to it from some college sports leaders:

...Baker’s subdivision proposal

What is it?:
Baker’s letter last month to all Division I members proposed the formation of the new subdivision where schools would compensate athletes through an “enhanced educational trust fund” and/or NIL agreements, which would be moved in-house and controlled by the athletic departments. In the current system, many efforts are outsourced to third-party organizations known as collectives.

Baker’s proposal suggested an uncapped investment of at least $30,000 per year per athlete for at least half of the schools’ eligible athletes, which would have to remain compliant with Title IX requirements. Trust funds would not be limited to educational spending in the same way Alston payments are.

According to the proposal, DI programs would continue to compete against one another for NCAA championships except football, where the FBS championship is governed by the College Football Playoff.

Potential impact: Baker’s proposal caught many in college sports by surprise and drew nonplussed reactions. With the NCAA convention scheduled for mid-January, floating it a month prior made sense, but the response made clear it wasn’t something that had been vetted or crowd-sourced ahead of time. The proposal won’t be officially discussed or voted on at the convention.

“(The proposal) got people stirred up, but that’s about it,” said another industry source. “It feels like (Baker) releasing that was sort of meaningless, because whether or not it would ‘work’ is dependent on the details.”

The details of the subdivision, as many have pointed out, were vague and open-ended. The $30,000 trust minimum was a suggestion, but the proposal didn’t specify whether only the minimum would be beholden to Title IX or if any additional amount would have the same requirements. What about NIL payments, which aren’t currently beholden to Title IX? Does that change if NIL moves in-house? And what is the justification for referring to them as “NIL payments” within this new structure? Would trust funds be made immediately available to athletes, or would the funds be held until an athlete ends or exhausts his/her eligibility, as Congressional members have suggested in the past?

“My sense is (Baker) left it open to interpretation,” said a Group of 5 athletic director, granted anonymity so they could speak candidly, who also pointed out that the proposal wouldn’t have to be adopted and enacted in its entirety, either, and that something like bringing NIL operations in-house could happen well before trusts or a true subdivision separation.

Whatever form it might take, it’s no coincidence that the proposal comes in the shadow of the numerous legal battles. The more complimentary explanation is for an organization criticized for being too obstinate and reactionary under former president Mark Emmert, Baker was being proactive, offering a solution until one was forced upon it. The more cynical reading is that the proposal was a strategically prepared salad of congressional buzzwords aimed at eliciting an antitrust exemption, something Baker and the NCAA have openly stumped for.

In lieu of the NCAA receiving that designation, which the G5 AD said “feels like a reach,” many expect Congress or the courts to compel any sweeping changes within college sports before an official subdivision works its way through the proper channels.

“It’s going to come down to what the federal government does,” said the second industry source.
 
According to an article in today's N&O, former Duke and Notre Dame AD Kevin White recently wrote an essay about the current state of college sports. Supposedly he is now free to discuss his true thoughts on the topic.

However, if he really is thinking about expanding his essay into a book (as the article suggests), then he needs to get a good editor to help him express his thoughts more clearly. These short excerpts don't say anything of substance and his writing style is wordy and disorganized.


THOUGHTS ON THE CURRENT STATE OF COLLEGE ATHLETICS

“Over my almost four decades as a director of athletics, college athletics has never been at the current level of disarray, a condition of utter helplessness, or despair. The ecosystem is terribly broken, not sustainable, largely fueled by funny money which is activating an artificial market! The pay for play system, known as NIL (Name, Image and Likeness), has served to deregulate the larger enterprise, wherein no rules, regulations, and/or guardrails exist. It should be noted that this level of deregulation does not exist within any professional sports league. College athletics, should all the sitcom players be earnest and honest, would agree the ’functionality’ has now become unhinged, chaotic, and uneven, whereby there are a number of existing lawsuits facing the parent organization.”

SHOULD COLLEGE ATHLETICS SEPARATE FROM ACADEMIC PURSUITS? “The two paramount positions I endeavored to stake out for the Knight Commission were that college athletics needed to remain, in total, very much a part of the Academy, with no carve outs. Secondly, reengaging well-seasoned practitioners within the oversight process was critical.

“Specifically, our 107-year history wherein college athletics has been tethered to American higher education, is our supreme point of difference not just domestically, but globally. Today, this relationship, I would argue, is at risk, and may be heading toward an untenable position. Once again, the august USA system is the envy of the world, for we are at this point the only country in the world that has successfully aligned, if not combined, the school with sport model.” “As a sub sector in free fall, we need to protect the vital elements, and in the same breath, construct an effective, as well as legally defendable — fair and right — future iteration of college sports. “In one individual’s anecdotal opinion, arguably without empirical data, it will be the beginning of the end, should college football, men’s college basketball, women’s college basketball, and/or any other segmented part separate from American Higher Education.”

HOW ARE CHANGES IMPACTING ATHLETES IN SPORTS BEYOND FOOTBALL?

“It should be fully understood that Team USA (Olympic team) is heavily dependent on the NCAA’s broad based system, for 80% of the able-body USA Team, and around 40% of the Para Team have either competed or trained within the NCAA system. Again, the practitioner community would fully comprehend what legislation, if impacted, would do to the elite USA athlete community.

WHAT SHOULD THE NCAA’S ROLE BE?

“My opinion, not supported by analytics or empirical data, but underscored by my almost 50 years of involvement, suggests to me that the NCAA is very good at conducting championships. Therefore, within a reworked NCAA, further subdivision federation could indeed be facilitated, while enforcement of rules and regulations could be largely outsourced, not unlike the IRS and SafeSport. Moreover, the establishment, and reinterpretation of the rules and regulations could become the daily work of the conferences, while Disney-like storytelling could remain a responsibility of the parent organization. For, in this particular area, we have all failed miserably. “As I stated to the Commission, I am not legally trained. However, the next iteration needs to be created in a way that history doesn’t repeat itself, a decade from now. Finally, in this regard, my instinct is that all immediate and future opportunities relative to compensating student-athletes, employee status, or collective bargaining, need to be left in the hands of highly capable legal practitioners, and the court system.”

WHO SHOULD LEAD COLLEGE ATHLETICS, AND WHO SHOULD NOT

“As I spoke in D.C. on Nov. 17, I freely indicted the greater college athletics enterprise, including myself, for we have unintelligently moved away from practitioner leadership. The code here is that a lot of the permissive, and/or uninformed decisions affecting the future of college athletics have been promulgated by non-practitioners, well intended CEO’s representing higher education, Trustees, benefactors, politicians, the media, and the beat goes on. Truth be told, there is always a supreme interest per dabbling in the proverbial ‘toy store;’ however, college athletics has been led, within the modern area, by individuals who possessed genuine zeal for the ’toy store,’ but lacked an earnest, seasoned aptitude relative to just how all the pieces are aligned, or not.”
 
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