Oregon female athletes have filed a Title IX lawsuit over NIL monies. Knew it was going to happen and honestly it has to be fought out.
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Oregon female athletes have filed a Title IX lawsuit over NIL monies. Knew it was going to happen and honestly it has to be fought out.
HaQuote:
Originally Posted by Really Clark?
we knew this was coming, but the problem for the women is that the NIL money is not coming from the schools.Quote:
Originally Posted by Really Clark?
They don’t have a case. It’s not through the school. NIL is private
ExactlyQuote:
Originally Posted by HoopsDawg
This will be the only way that anyone can get a handle on NIL.Quote:
Originally Posted by Really Clark?
I'd be willing to bet they let it continue valid case or not.Quote:
Originally Posted by preachermatt83
Agree. There has to be a link between the state (university) and the collective.Quote:
Originally Posted by HoopsDawg
My argument would be that state employees (AD's and coaches) are directing the collectives how to spend the money (meaning which athletes get paid and how much). Law is clear that govt actors can't use private actors to do what the govt actor can't legally do.
It this is where the fun begins. And it won't be fun. Just going to make it that much worseQuote:
Originally Posted by Really Clark?
When sense did having a case matter. People win judgments all the time wo a case. This worldQuote:
Originally Posted by preachermatt83
is screwed up.
Are most NIL initiatives classified as 501c3's?
But they can file a suit against the private collectives claiming improper interpretation of the law with regards to giving from the funds to insure a player attends your school; I.e., winning the top bid for players services. Then the initiative and said player would have to prove he didn't take the best and highest bid to play for school A over schools, B,C, and D.
The intention of the law would be their claim in the courts and let's hope the gals win!
If that was all that mattered you'd have way more college wrestling programs. Alumni groups tried to provide separate funding for wrestling and the courts ruled they had to essentially fund the wrestling program and a women's program of some sort to match it if they wanted to satisfy Title IX.Quote:
Originally Posted by HoopsDawg
Probably found out that I joined BI last night and hacked my account to get the donation amount!*****Quote:
Originally Posted by Really Clark?
Since when does that matter? Our Injustice System put a cop in prison for the murder of a drug dealer who died of a fentanyl overdose. The coroner's autopsy report said there was no sign of asphyxiation and the guy had enough fentanyl in his system to kill him three times. And the AG and judge worked together to exclude exculpatory evidence in the case. And you think the Ninth Circus is going to let a little thing like standing get in the way of a Title IX claim? 😂😂😂😂 I've got some land in Arizona to sell you.Quote:
Originally Posted by preachermatt83
I suppose a NIL donator could designate that his money go toward a particular sport, such as men's football.
That happens, yesQuote:
Originally Posted by RocketDawg
Did that when I joined last night. You can split your BI donation among as many sports, men and women, % wise as you want. I did 100% football, as I feel we need to get serious ASAP that we want and can compete at a high level in the SEC. I still feel NIL is a complete, unregulated mess. JMO. Hail State!Quote:
Originally Posted by RocketDawg
That doesn't remove title IX restrictions. Courts have already rejected the argument that the market values mens sports more as a justification for spending more on men's sports.Quote:
Originally Posted by RocketDawg
Best argument for the defense will be that the school is not a party to the NIL deals. THe more involved the school is in an initiative, the better argument the plaintiffs will have.
Correct. There must be a link between the school and the collective to satisfy the state action requirement. I suspect coaches have directed collectives how to spend money, and that would be an issue.Quote:
Originally Posted by Johnson85
Bingo!! They're going to dig deep and find out what role coaches played in this.Quote:
Originally Posted by confucius say
Decent chance this is one of the big hitters in football breaking off from normal athletics. But, Title 9 is about opportunity and females have the same opportunity to make money. See LSU as two of their top NILs were a gymnast and women's BBall player.
Good point on the money at lsuQuote:
Originally Posted by Cooterpoot
University of Oregon is the first to be sued for NIL, but I can bet my trailer that Mississippi State would be the first university to lose a NIL lawsuit.
But those are actual NIL deals. I think there is a decent chance they win the lawsuit and ultimately schools either pay everyone a flat amount or are forced to become less involved.Quote:
Originally Posted by Cooterpoot
There is a huge difference in an athlete working out their own NIL deal with another company or agency, and a program paying an athlete for being an athlete. They have a pretty good case here.
PARITY in college football?Quote:
Originally Posted by smootness
Raiding MSU's NIL may not be worth any lawyer's time. The legal horde is going to first amass on the outskirts of Austin and College Station.Quote:
Originally Posted by Activated Alpha
That said, I thought our biggest NIL hauler was a young lady, the blonde softball player.
They are all actual NIL deals.Quote:
Originally Posted by smootness
How will they show that a program is paying an athlete for being an athlete if the entity doing the paying (the collective) is private and not the program?
You have programs where every single football player has an NIL deal. I think that is where the arguments are going to go. Hard to argue that a 4th stringer is getting paid through a school NIL for anything more than just being on the team.Quote:
Originally Posted by confucius say
I don't disagree w you but the BI, for example isnt w the school. So being a separate entity, not sure how they can tell them how to spend the money. But .... never know.Quote:
Originally Posted by smootness
This is a likekeness and image usage deal that's somewhat seperate from the school. Who believes a female soccer player is having their image/likeness utilized like top football players?
Again, it's opportunity. NIL isn't school sponsored and schools can't control NIL or contribute to it.
It may be legally separate frm the school, but it will be very easy to uncover evidence that NIL folks have talked to coaches or others associated with the school. In many cases the NIL sponsors just sent their $'s to the athletes directly and reduced their donation to the booster clubs. The death blow to the present NIL system will be when the lawyers are able to piece the various elements together, which shouldn't be too hard. When that happens the NCAA and title 9 will fall apart.
And they'll find the coaches didn't get what they wanted a lot of times. And I do mean a lot.Quote:
Originally Posted by redstickdawg
Nm.
Doesn't matter in today's world. I think the case will lose but who knows.Quote:
Originally Posted by preachermatt83
Schools absolutely do control how the NIL money is spent. The way these collectives are run has essentially nothing to do with actual NIL.Quote:
Originally Posted by Cooterpoot
Title IX is no longer protecting women's sports on many levels today.
Player greed has college athletics on a very dangerous path. You have pre-NIL players suing for money and now femaie athletes suing for money. Just shows what a joke NIL is in that it was supposed to be folks making money off their name, likeness and image. If that was true there would be no basis for suing because each individual would just be making money off their own personal notoriety. However, the majority of NIL is just straight pay for play which opens things up for the lawsuits.
THEY NEED TO PROTECT THE BIOGIOCAL LADIES FIRST AGAINST TRANSGENDER WANTABEES, and yea I am yelling.Quote:
Originally Posted by Goldendawg
word. why do we have no girls changing into a man to play the boy sports for?