Link: NCAA Proposes Penalties in Attempt to Prevent Student Athletes From Transferring Outside the Portal Window.

[CB4]

That would take federal action. And so far, no federal body with requisite authority has shown any interest in acting.

This is the proverbial “between the devil and the deep blue sea” circumstance faced by intercollegiate athletics. The courts see the athletes as independent contractors and thereby protected by antitrust laws. Any organization, NCAA or otherwise, attempting to restrict the athlete’s ability to fairly compete in the marketplace is subject to antitrust violations.

The only thing I see remotely possible is the NCAA or a completely new governing entity seeking an antitrust exemption similar to MLB. And that, as you said, has to come from Congress.

If “necessity is the mother of invention, the desperation is certainly the father“. The NCAA knows it has lost control of the athletes. They can’t stop them from leaving and going elsewhere outside the portal window. This attempt is basically saying “leave a school any time you want. And you can enroll anywhere you want. But the school that takes you on to their roster will face heavy penalties in doing so.”

It’s a solid attempt. But how soon does it get challenged legally is the question.

 

[4Q Basket Case]

If “necessity is the mother of invention, the desperation is certainly the father“. The NCAA knows it has lost control of the athletes. They can’t stop them from leaving and going elsewhere outside the portal window. This attempt is basically saying “leave a school any time you want. And you can enroll anywhere you want. But the school that takes you on to their roster will face heavy penalties in doing so.”

It’s a solid attempt. But how soon does it get challenged legally is the question.

It'll get challenged about 2 seconds after the new body, whatever it's called, renders a decision the player in question doesn't like.

I see three options that will hold up in court:
- As you pointed out, an anti-trust exemption.
- Federal legislation covering eligibility, pay-for-play, transfers, academic requirements if any, etc., etc., etc.
Those two require Congressional action.

The third option is one I've been advocating for some time: A collective bargaining agreement (CBA) between a collegiate analogue to the NFL Players Association and management likely consisting of a committee of college presidents and Athletic Directors.

For various reasons, I don't like any of those. But my dislike is irrelevant. What matters is what will stand up in court.

So if somebody out there has a fourth option that will effectively address the problem, is enforceable uniformly across all 50 states, and will stand up in court, I'm all ears.

 

[M2J]

What schools, their presidents, or conference commissioners think is irrelevant…..Even if they’re unanimous, and even if their positions are perfectly sensible.

The relevant question is:
What will stand up in court, and...
Be uniformly enforceable across all 50 states...
By an institution that can make punishment for violating the rules stick.

Currently, there is no rule or institution with that kind of legal clout.

That would take federal action. And so far, no federal body with requisite authority to create such things has shown any interest in acting.

Unless and until that changes, we’re yelling at clouds.

Not really. A collective bargaining agreement would stand up in court. The reason they don't have one in my opinion is because the conferences don't work together to get one. If they did,, things would change.

The current system. Yes it's very hard to enforce anything. Darn near impossible.

But it wouldn't be any different than any other major sports league if they collectively bargained in terms of contract enforcement.

Very quickly I'll go over it. But they generally need to have a union established that not only will think about the kids coming in now but the kids come again in 10 years to legally hold up any negotiations. But the members being the current kids have such a short window that the idea of holding out or lock out would be very very unrealistic to the point that It would be a pretty weak union.... Unless these players do a better job of getting local true NIL deals that can provide them money from high school age and up. If I were an executive in that union. I would try to establish a pool and pipeline to promote that possibility so you would have a stronger footing in negotiations.