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Ducks, Bison, And Noles, Oh My!
Hey there,
It’s Saturday, which means we’ve got a fresh slate of NIL news coming right at you. That includes updates on the NCAA’s newest compensation proposal, a huge NIL boost for Florida State, and one of the most important lawsuits in the NIL era. It’s all coming up now — just keep scrolling.
One last thing before you do though. We think we’re pretty great, but we know we’re not perfect. We’d love to hear feedback on anything and everything about our newsletter. Hit reply or send us an email at [email protected].
— Cole, Justin and Collin
KICK-OFF
Oregon’s Title IX NIL Lawsuit
A class action lawsuit against the University of Oregon is taking shape right now, with 32 female athletes alleging that the school has violated Title IX in their handling of NIL funds. They’re being represented by the foremost Title IX attorney in the country, Arthur Bryant.
The plaintiff’s basic argument is that Oregon’s NIL efforts disproportionally benefit men. It’s not just NIL though – citing a sprawling investigation from The Oregonian newspaper in July, the school is allegedly non-compliant in more than half of the Title IX measures they need to be.
Oregon’s NIL collective, Division Street, is under fire too. It’s not exactly clear what the school’s relationship to Division Street will be interpreted as yet, but some predict that that collectives could be seen as school extensions, thus, also subject to Title IX compliance. (More)
Portal Problems in the FCS
North Dakota State has made a name for themselves as one of the FCS’s premiere football programs, sending multiple players to the NFL in recent memory. Now, however, NIL dollars are luring players away from the school.
In this transfer portal cycle, one FBS school has allegedly already offered $250K to an NDSU player. The Bison’s NIL collective simply can’t keep up with that type of money.
The school’s problem isn’t limited to football, either. Grant Nelson – a rangy basketball prospect that had been catching NBA scouts’ eyes since last year – transferred to Alabama for this season under similar circumstances. If NDSU can’t keep up in NIL, then their dominant program will simply serve as a training ground for Division I. (More)
Generating Generational Wealth
Even though she tore her ACL, Notre Dame basketball’s Olivia Miles isn’t content just sitting on the sidelines. She just signed a deal with Stackwell Capital that provides every Fighting Irish athlete an investment account with a little bit of money to get started.
Stackwell isn’t just an investment platform, however. The company’s goal is to “close the racial wealth gap” by providing the Black community with financial investment resources specifically tailored toward building generational wealth.
“Working with Stackwell for me was a must because of how much I believe in their mission," Miles said of the deal, “I always want to make sure that I am an advocate for athletes and my community first and foremost.” (More)
BEST PRACTICES
Navigating the Transfer Portal, Legally
When entering the transfer portal, sometimes athletes can expose themselves to legal issues that they may not have anticipated. Today we’re going to talk about the risk of breaking contract.
It’s always smart for athletes to pursue legal counsel when signing any contract, but it’s also important when trying to exit one. If an athlete signs an NIL contract and then enters the portal, they could “be sued for breach of contract,” per sports attorney Mit Winter.
An example: If an upfront payment was given with a promise of continued services, and an athlete transfers before he’s performed those duties, they could open themselves up to legal issues.
We’re not lawyers here, so we can’t tell you how to handle these issues. We can, however, recommend that student-athletes in this position pursue legal counsel if they’re trying to transfer and have questions about an NIL contract they’ve signed. Read more at the link to see a real attorney’s thought on the matter. (More)
DOWN TO BUSINESS
Utah Universities Fight Back on Transparency
In October, a committee in Utah ruled that NIL contracts are not in fact educational records, and as such, demanded that six schools release specific NIL contract details to the news organization Deseret News. Under the state’s transparency laws, this ruling had legal backing. |  |
Well, those schools are fighting back in court now. They argue that releasing these records would violate the federal Family Education Rights and Privacy Act (FERPA).
The decision’s outcome is crucial. If the records are disclosed, the outcome could set a precedent for NIL transparency moving forward, and even give other schools an idea of how NIL deals have been structured. (More)
The Legal Side of the NCAA’s New Proposal
There’s a lot to understand about the NCAA’s newest compensation proposal, so we’ll try to walk you through it piece by piece the next few weeks. Today, we’re going to talk about whether this proposal would fix their ongoing legal issues.
The answer is, well, no. While the proposal could play a part in fixing the system moving forward, all of the lawsuits they’re still fighting – like Johnson v. NCAA – are not moot because of the policy.
What the proposal would change, however, are the arguments that must be levied against the NCAA in the future. Some are saying that the proposal shifts them away from the “amateurism” model that they’ve asserted for decades. (More)
COLLECTIVE 101
Florida State Sees NIL Memberships Soar
Florida State fans were devastated when the Seminoles got snubbed from the College Football Playoff last week. Spirits did not remain low for long, though, as it seemed to energize the school’s NIL efforts. |  |
Coastal Carolina Collective Folds
Just because a new NIL collective seems to open up every day doesn’t mean that they’re invincible. Just ask Coastal Carolina, whose Teal Collective just announced they’ll be ceasing operations at the end of December.
“The alumni have been a challenge,” collective founder Patrick Hall said in August, “It hasn’t been as easy as I thought. I thought there would be a little bit more support from them on that basis, but it really hasn’t come to fruition.”
In recent years, Coastal Carolina has established themselves as a name to watch due to their national success in baseball and football. However, their collective’s failure does not spell good news for their trajectory from here on out. (More)
ATHLETE SPOTLIGHT
Spencer Rattler
Spencer Rattler, South Carolina's standout quarterback, ranks 11th in the nation's top NIL standings with a staggering $1.4M valuation. With over half a million followers across social media, he's not just a player; he's a powerhouse influencer.
Rattler harnessed his platform to secure lucrative deals with renowned brands like Tommy's Express Car Wash, Dick Dyer Mercedes-Benz, and Raising Cane's. Spencer Rattler isn't just redefining college sports; he's setting a new standard for the modern student-athlete.
NIL BLITZ
♦️ Evan Stewart speaks on A&M’s NIL spree
♦️ PorkRinds.com honors pigskin standouts
♦️ A look inside of transfer portal season at Iowa State
♦️ Drexel announces Dragon Fire Collective
♦️ Sporting Kansas City shows off their NIL athlete partners
♦️ Indiana sees a $3M NIL uptick after hiring Curt Cignetti
♦️ Learfield doubles down on Dunkin’
BATTER UP
Todays Poll Question:
Did Florida State get snubbed by the College Football Playoff Committee? |
Last Edition’s Poll Results:
Does the NCAA’s new compensation proposal fix college sports?
Yes, it’s a step in the right direction - 39%
No, it’s too much change - 21%
No, the system needs a more radical overhaul - 40%
