The Blumenthal proposal on college athletes

Submitted by MaizeAndBlueWahoo on December 17th, 2020 at 10:27 AM

https://www.espn.com/college-sports/story/_/id/30533536/congressional-proposal-overhaul-college-sports

That link has an article about the latest proposal in Congress to overhaul compensation for college athletes.  The segments of the proposal are very helpfully laid out.  Because this is the Internet, I have opinions, and those opinions need sharing.  Here are the various points that the senators have suggested:

Name, image and likeness

College athletes would be allowed to sign endorsement deals with a wide variety of companies. They would be required to report any deal to their athletic department within 21 days. That information would be stored in a private database.

Endorsement deals are the lowest-hanging fruit here; it seems like this should've been addressed a long time ago.  It's been a problem especially for people like skiers and swimmers, and might actually help push such athletes back into college, thereby raising the profile of NCAA schools.  One thing missing is a requirement for the athlete to actually do the endorsement; it doesn't prevent boosters from promising no-show endorsement deals in recruiting.

• Athletes would be able to sign deals with apparel brands that compete with their school's apparel brand, but schools can require them to wear school-sponsored gear during any mandatory team events. The one exception is footwear. Athletes would be allowed to wear shoes from their individual sponsor during team events.

Seems reasonable.  It may have a tremendous benefit, in that athletes (basketball players in particular) would no longer be steered toward a particular school.  No more Adidas trying to sign up players for Louisville.  Colleges may complain about the reduced benefit they might get from apparel companies (who would be less likely to lavish money on them if not all the athletes were on board), but in general, getting them out from under the thumb of Nike and Adidas would be beneficial in the long run.

• State governments can create laws that prohibit athletes from endorsing companies in certain industries (gambling, illicit substances, etc.) as long as the universities are also prohibited from endorsing the same industry. Unlike other proposals, individual schools would not be able to place any restriction on the type of business an athlete can endorse.

On the surface it makes sense, but does that mean there can't be beer signage at the stadium if a 19-year-old athlete can't be sponsored by Bud Light?

Revenue sharing

• Athletes in sports that generate more revenue than the total amount of money that is spent on scholarships in that sport would be entitled to share 50% of the money left after scholarships are paid. In FBS-level football, for example, the commission would add together the revenue generated by all 130 football programs and subtract the total costs of scholarships at all those programs. Half of the money that is left would be distributed evenly among all players at the FBS level. The sports that currently generate enough money to qualify for this revenue sharing, according to Booker's office, are football (both FBS and FCS levels), men's and women's basketball, and baseball.

This is probably the big kahuna.  What's not clear is this: in the football example, when they say "total costs of scholarships", do they mean the cost of just the football scholarships, or all scholarships?  If it's the former, it's a complete disaster.  It would mean taking half the football revenue away from everything else it funds - which, given Title IX, means the complete annihilation of all men's sports other than the revenue generators.  Football money would pay for, in this order: football scholarships, football revenue sharing, football coaches and administrators, women's non-revenue sports, and men's non-revenue sports.

Now if Michigan would get to count all scholarships and then drop the 50% into the revenue-sharing bucket, it would be a huge relief to that problem, but not eliminate it entirely - you still need to pay for coaches for the men's programs, and you don't necessarily want to be cheap about things like hockey coaches.

As well, 50% is an enormous amount.  I get that college sports are being run like a business, but there is no business anywhere in which the government mandates that 75% of the business's revenue be spent on labor costs.  Even unions don't demand that.

The sharing of money evenly among schools is probably a positive, so that the Alabamas and Texas's of the world don't recruit by essentially offering huge salaries.  But this 50% number is a huge problem, IMO.

Agents

• Athletes would be allowed to hire agents or join groups that would help them secure group-licensing fees. Schools, conferences and organizations like the NCAA would not be allowed to dictate which agents an athlete could hire. The proposed commission would create and oversee a process for certifying agents.

Once you start letting athletes get endorsement deals, an agent almost seems like a requirement.  There's not really a good reason to force someone to represent himself.  Schools ought to really be happy that the athlete has more time to focus on the sport.  The only complication is recruiting: will coaches now have to negotiate with agents too?  I don't think that would be healthy.

Medical care

• Schools would be required to contribute annually to a medical trust fund to cover the cost of medical care for injuries related to an athlete's sport. Athletes would be eligible for funding during their college career and for five years after it ends.

Some of this seems redundant.  If a player tears an ACL on the football field, the school does not pin a $20 bill to his shirt and wish him the best of luck in his recovery.  They take charge of his care themselves.  They already get really good medical care, at least while they're at school.  Even Dwan Mathis's brain surgery was covered by the school.  This is well-intentioned, but needs safeguards to prevent bloat down the road.  Inevitably, there will be stories about players getting cut off after five years and pressure to extend it.

• The U.S. Department of Health & Human Services would create standards of care related to health, wellness and safety. Those standards would address concussion protocols, sexual assault, long-term injuries and more. Any schools that violate the standards would be subject to fines of up to 30% of their annual athletics revenue, which equates to tens of millions of dollars for Power 5 schools.

Extra layers of bureaucracy, extra cost.  Schools will inevitably need to hire more six-figure administrators to handle what is likely to be a shifting set of standards in the long run.  Why do we need special athlete rules on sexual assault, for example?  I find it hard to believe we don't have existing rules that can cover the things in this bullet.

Education

• Schools would be required to continue paying for an athlete's scholarship until they finish their undergraduate degree, as long as the athlete maintains a GPA of 2.2 or higher.

Fine, but schools ought to be able also to put some requirements on this, like a minimum course load.  That may already be covered in a school's academic rules, so may not be needed in the bill.

• Schools would not be allowed to discourage athletes from taking certain classes or participating in other extracurricular activities. Those that violate that rule could face fines of up to 20% of their annual athletics revenue.

Is this a problem?  Well, certain classes I get - I know that a lot of schools have told athletes they're not going to be allowed to take too rigorous of a course load, and they discourage them from pursuing, say, an engineering degree.  But if a coach doesn't want his football players getting hurt playing IM basketball, I feel like that should be within their bounds to restrict.  And schools definitely need to be able to ban athletes from playing intramurals in their own sport, for the sake of fairness to the student body.

Transfers and drafts

• Athletes would be allowed to transfer schools without facing penalty. Athletes would not be able to transfer during their sport's season or in the 45 days leading up to the start of the season.

The whole idea of a transfer waiver has become a farce anyway.  I do like the limit of not transferring midseason or during the preseason.

• Athletes would also be able to enter a draft for a professional sports league without losing their eligibility. If the athlete decides not to turn pro after entering the draft, they would have to let their athletic director know they are returning to college within seven days of the draft ending.

A very good thing in that it mitigates the Korleone Young effect: a player forgoing college for the draft, blowing his eligibility forever, and bombing out of the pros with no safety net.  It doesn't completely solve it: Young went pro anyway.  But at least a player doesn't have to weigh the potential of being maybe a first-round NBA pick or maybe a second-round pick with no guaranteed contract, vs. losing eligibility forever.  But the pro leagues may balk: imagine an NFL team using a valuable third-round pick on someone who decides to go back to school.  They may adjust their rules - the NFL might institute draft-and-follow, for example, as hockey does.  That would defeat a lot of the purpose of a player being able to go back to school, and codifying this into federal law rather than NCAA regulations would make it impossible to adapt to unintended consequences.  The senators need to invite the leagues to the table on this one.

Commission

• The commission would consist of nine members with various expertise and background. The members would serve five-year terms. At least five of them would have to be former athletes at any given time. No university or athletic department administrators would be allowed to serve on the board.

I assume they mean current administrators.  But even that seems heavy-handed when the board is already mandated to be tilted toward the athletes.  It's not mentioned in this bullet, but the commission would be entirely appointed by POTUS, which honestly ought to be below his pay grade.  A more balanced commission would be three former athletes, three members nominated by the NCAA, one health and safety expert, one labor expert, and perhaps one agent.  And it would make more sense to have them appointed by whichever Cabinet member this falls under, so as to de-politicize the process.  Presidential appointments come with too much spotlight, and with spotlight comes politics.  If it's going to be five former players, then even more so I think the NCAA should be able to nominate a member or two, who is presently an administrator.  Any fox-in-the-henhouse concerns should be settled by the fact that said administrator would obviously be in the minority at all times on contentious issues.

• The commission would collect and publicly share an annual report from every college athletic department -- both public and private schools -- that outlines their finances. The reports would include their annual revenue and their expenses, including coaching salaries and booster donations.

Transparency is good.  You would have to include rules on coaching compensation (to name just one); schools like to say their coach has a salary of $500,000 and then put his bonuses into other nebulous categories.

In general, the proposals mostly make sense, but need some fine-tuning.  Unintended consequences abound in Title IX, which is completely unfixable because politics.  This commission they propose needs the power to change the rules, because anything codified into federal law may as well be written on stone tablets for all the changeability it has.  The 50% revenue sharing in particular needs to be drawn down significantly.  Running some quick numbers on that:

Let's say the median FBS athletic department has $60M in football revenue.  130 schools means $7.8B of revenue.  85 scholarship players means 11,050 scholarships, and if each one is worth $50,000 a year, schools spend $552.5M on scholarships.  That leaves about $7.25B of revenue, and if you divide that by 2 for the shared portion and then 11,050, each scholarship player gets a salary of almost $330,000.  This is assuming the first scenario, in which only football scholarships are subtracted.

While it sounds like not very much compared to the head coaches, it's basically assistant coach pay - and what do you need a scholarship for in that case?  And why should you get six figures to be a backup linebacker at North Texas?  If subtracting all scholarships at a particular school, the number gets a lot more reasonable (and the Title IX danger to other men's sports is greatly reduced.)

At least there is some effort to bring the NCAA's Wild West recruiting situation under control.  Bringing compensation more out into the open should reduce the shadiness - if you let the honest people work honestly in a new system, you reduce the need for shady characters and slimeballs.

Comments

Mongo

December 17th, 2020 at 11:03 AM ^

Unfortunately, college football entails support from the entire enterprise.  Michigan has a brand that is so much more than football.  So how does Michigan get compensated for use of its brand and facilities to support the college football player's opportunity ?  Any revenue sharing would need to first pay the University for ALL that it provides ... the player's scholarship, the player's uniform/gear, the player's healthcare, the player's coaching staff, the players use of facilities (including construction / renovation costs), the players use of Michigan's brand to further his career (licensing fee).  After deducting all that, the player may actually owe the University money.

These proposals "pay the players" are all just stupid.  It will be the end of college athletics, but hey that is what a guy like Blumenthal wants anyway.  He is such an empty-suit Ivy elitist, trust me he is my Senator and we know this first-hand, he basically thinks football should be banned.  Setting it up like his proposal will force it out of the college ranks into a professional organization and, thus, scale back participation by thousands of kids.  That is his real goal.

MaizeAndBlueWahoo

December 17th, 2020 at 12:40 PM ^

The "pay the players" debate ignores a lot of arguments, one in particular being the on-the-job training that athletes get for free that nobody else does, and what they get at school for free is far more valuable than what most students receive and have to pay for. 

Unfortunately, the empty suits at the NCAA don't make this argument, and have spent the last couple decades blustering about amateurism instead.

BoFan

December 21st, 2020 at 12:52 PM ^

The revenue sharing is a stupid idea:
 

Take money away from Michigan’s non-revenue athletes (baseball, soccer, wrestling, track, swimming, etc) and send it to one of 10,000 football players among 130 mediocre teams?  

Take money away from Michigan that is attributable to a great brand and well run football operation and give it to players at a program run by corrupt idiots?  There are many out there like that.  

Does the long snapper get a scholarship on the 130th ranked team?  Does the LS make the same as Trevor Lawrence?  Like that is sustainable. 

How can a non-FBS team join?  Many will want in to share.

And when do they introduce a salary cap?  Collective bargaining?  Union?

Other than the rev share idea I see no reason players can’t earn endorsements.  
 

treetown

January 2nd, 2021 at 10:02 AM ^

You have a good point. This equates an athletic scholarship with an academic one. Students gets a scholarship to study X at the U of M and so the expectation is that they study X and after graduation can find a job in field X.

The weird part of the NCAA rules is that this parallelism does not exist. 

1. There are artificial rules preventing students from practicing (the equivalent of studying) year round. They have limited practice hours. No one is monitoring how many hours music majors practice with their instruments or engineering students work on their mathematical and programming skills.

2. There are artificial rules limiting contact and association with professionals in the field. This is unlike most degree granting majors/fields, which encourage professional internships, early contact with potential employers. Students are encouraged to do summer internships and we invite industry figures on campus regularly to give talks and to recruit here.

3. There is no oversight for a group that is ostensibly producing people trained to pursue a profession. Consider that all of the degree granting bodies of the U of M have some form of regular review to be sure the curriculum meets basic accepted standards and that there are facilities and faculty capable to teaching this curricula. The professional schools have further review by governing bodies that check on the passing rate for professional exams (like in medical programs, passing their licensure and later specialty board exams). Consistent failure to produce candidates capable of meeting these basic qualifications lead to programs being placed on probation, heightened review and in some cases de-certification. Make it a public number how many athletic scholarship recipients end up in their sport.

Part of the current crisis in higher education today is the realization that simply "going to college" is no longer is the ticket to a middle class or higher sort of life style later on - it matters more what you studied and how well you did. That notion of being a "college man or woman" honestly hasn't been true since the 1950s. Getting a degree in the Classics (e.g. studying greek and roman literature and philosophy) won't get you a job on Wall Street yet a lot of the "college men" on Wall Street from the 1930-1940s had such degrees - because it was thought then in an era when less than 10% of high school grads went on to college,  it showed they could read fast, assimilate knowledge, could write well and it was hoped that along the way something rubbed off on them to make them clever, and of course networking through the schools was a huge help. 

The kids, both men and women, who are interested in pursuing an athletic career are realizing that simply "going D1" isn't the ticket many thought it was - it matters a lot where they go and what they learn. Transfers should be free and without restrictions just like it is with other programs. If your favorite English professor moved to another school, no one stops a student from transferring or limits the number of transfers. 

The current system has "scholarships" being awarded for a non-degree granting activity/unit. Make it legitimate and create a performance athletics scholarship just like there is a performance music scholarship at many schools or equivalent of an art scholarship or dramatic arts scholarship. People in the arts and music world do not have it any easier than athletes and face the same short professional life spans, and a very competitive steep pyramid of jobs. The sports are now complex enough and deep enough that a full curriculum could be created.

The teams would probably be a mix of performance athletic scholars and kids who just want to have fun, just like the marching band and symphony are a mix of music majors and non-music majors. 

This would clear the air and make things transparent. Right now in addition to all of the ills we all know (schools reaping millions and the kids aren't getting a dime on likeliness, etc.) many are not even getting good training or coaching! It is time to dump shamateurism (which the olympics and tennis have done). The pro leagues would probably welcome this change because they would be less likely to be burned in the draft - fewer QBs could show up not knowing how to read a modern defense for example.

 

JacquesStrappe

December 19th, 2020 at 12:43 AM ^

He is also my Senator and I too find him to be an insufferable publicity hound, elitist, and self-righteous blowhard. However, I am less convinced that his motives are to destroy college athletics or  FBS football out of spite, envy, or because it doesn’t comport to his vision of the Ivy ideal that he was inculcated with as a Harvard man. 

Rather, this seems to be playing again to his limousine liberal base with all of their internal contradictions and double standards. He wants yet one more protected class of people: the recruited FBS football player. It is as if they don’t have enough advantages with admissions, full-ride scholarships, academic assistance and tutors, connections to boosters and other influential alumni and university bureaucrats, and in some cases, personal branding and publicity campaigns (e.g. Heisman campaigns) that other tuition-paying students have no access to. 

Everyone else has to go through a crucible-like admissions process, where many qualified and academically-minded students are turned away from the institutions of their choice. Their reward for bearing this “privilege” of spending potentially hundreds of thousands of dollars for a first degree and taking on the associated non-dischargeable debt is to then often be told by employers—if they can find a job—to go back to school and get another degree in order to be eligible for advancement.

Enough. For those who say “well it should be a free market”, I say exactly. No one is forcing these prospects to become student-athletes. It is a choice. If they want to reap the gains, so should they bear the risks. If they choose not pursue an education, well then, you can lead a horse to water but you can’t make them drink. Stop making excuses, a little self-motivation goes a long way—it certainly does so when they want to pursue NFL careers.

Universities take large direct and indirect tax subsidies for the purpose of educating young people to become to good citizens and productive members of society, not to serve as a quasi-professional developmental sports league for major league sports that have de facto anti-trust exemptions and yet do not want to shoulder the burden of running their own minor league. As for the supposed money and recognition  that they bring to a school, even the hundreds of millions they bring in per year is a mere pittance compared to schools’ overall operating budgets.

Likewise, the population of donors to athletic programs have fundamentally different motivations than those that donate to further academic, capital projects, or financial aid missions, so schools that rake in the most athletic donations do not necessarily see a trickle down effect to the rest of the university. If the opposite were true, Alabama would be vying with Harvard for the mightiest university to wear crimson. Last anyone looked no one is confusing the two in university rankings.

Finally, universities should have to make a decision about what they want athletic departments to be. They can’t be nominally non-profit and then generate “surpluses” that they have discretion to profligately spend in their entirety without sending some of it back to the parent institution for the benefit of all of its stakeholders. It is an accounting fiction that is at the heart of all of the deficits this  year because the departments are mandated to spend all of their surpluses to show no profit rather than to save for a rainy day. None of them are truly independent from their host universities because they rely on university credit ratings and bonding authority to serve as backstops if they get in trouble. Just another way to shift losses back to tuition payers and taxpayers.
 

It would be better to call it what it is, which is a for-profit business that is taxable. This would force universities to think a little harder about how they use these resources. The same holds true for the “student-athletes”. Scholarships in the context of the way Blumenthal wants them should be considered in-kind compensation, just like any other person must declare under similar circumstances , and should be taxed if taken together with other monetary compensation. Either that or these “student athletes” should be ineligible to gain admission as students and instead work as employees.

If these changes go through I for one will stop watching games, buying tickets, donating to my Alma maters, and purchasing apparel that generates royalties. I want to watch amateurs that actually care about playing for their schools and fellow classmates. Moreover, I want them to actually give a damn about their studies. If I want to watch overpaid inarticulate prima donna mercenaries that is what the NFL is for.

BrightonB

January 1st, 2021 at 1:16 PM ^

Richard Blumenthal - I can't even understand why this guy is still a political figure. He shouldn't be introducing anything but a quick leaving of office. He is a Vietnam Vet though (sarc) so maybe he knows something ... oh wait ... yeah ... he misspoke. I live in CT as well and look forward to when he leaves. 

highlow

December 19th, 2020 at 8:57 PM ^

Man, what? 

1.) M is paid for what it brings to the table by its TV payments, the sale of tickets/athletic apparel/etc, licensing fees, the list goes on.

2.) Are you telling me with a straight face that you think what M provides its players so they can do well is financially worth more than the player contributes? C'mon, dude, absolutely no way. 

3.) Have you worked anywhere before? Does your employer charge for your ability to walk into the office ("construction/renovation"), your ability to "use the brand", training that you're required to go to that makes you a better employee, your ability to use necessary equipment? Again, c'mon. 

canzior

December 17th, 2020 at 11:50 AM ^

So signing day is Feb, roster is usually full right?  What if multiple players are undrafted and they opt to return to school but there are no more spots? Numbers might not be huge now, but if you can opt in for the draft and return if you don't get selected I expect a lot of kids will choose that option because it's risk free right?

Maize4Life

December 17th, 2020 at 11:50 AM ^

Sorry but isnt this the guy who LIED about his Milityary service??? Not sure we should be taking our que on integrity and honesty etc on him

Teeba

December 17th, 2020 at 12:41 PM ^

https://www.nytimes.com/2010/05/18/nyregion/18blumenthal.html

In 1970, with his last deferment in jeopardy, he landed a coveted spot in the Marine Reserve, which virtually guaranteed that he would not be sent to Vietnam. He joined a unit in Washington that conducted drills and other exercises and focused on local projects, like fixing a campground and organizing a Toys for Tots drive.

“I served during the Vietnam era,” he said. “I remember the taunts, the insults, sometimes even physical abuse.”

I hear those Toys for Tots drives can be brutal.

ex dx dy

December 17th, 2020 at 11:50 AM ^

The details in this proposal make no sense. Why regulate college athletics at the federal level, or at any governmental level at all? We don't want all this stuff codified in the law: that makes it subject to a whole new array of political forces that would make any changes to the rules much harder to pass and a whole lot more complicated.

There's exactly one thing that should be addressed in the law, and that's the antitrust allegations of the NCAA. We don't need a government equivalent of the NCAA. We need the government to determine if there should be limits on the NCAA's power to restrict the free market of college athletics and what those limits should be. Otherwise keep government out of it. No good can come of a proposal this detailed for a very specific industry.

leu2500

December 17th, 2020 at 12:27 PM ^

“Why do we need special athlete rules on sexual assault, for example?”

See Penn State, Michigan State, Ohio State, & Baylor, for example.  The existing rules are not  working.

ShadowStorm33

December 17th, 2020 at 12:50 PM ^

I'm not sure if the people who drafted this (along with others that have made similar proposals) just didn't think through the consequences of a revenue share, or if they are truly ok with gutting nonrevenue college athletics so that college football and basketball players can make six figure salaries.

NILs are one thing, but my biggest beef with these types of proposals to "pay the players" is that I think people drastically overestimate the value properly attributed to the athletes themselves, or in other words, they drastically underestimate that value that's properly attributed to the schools themselves as opposed to the players. College football and basketball are undoubtedly huge enterprises, but while the athletes are necessary to the equation, they are far from sufficient, and I think that most players have relatively little economic value that isn't driven by "plays for X school." I mean, how many people truly follow the careers of players that don't play for their team(s), and that they didn't otherwise have some connection to (HS, family friend, etc.). I think that's few and far between.

And look at the recent experiences of the AAF and XFL; neither even made it through a full season. I get that the XFL's issues were due in part to COVID, but it wasn't exactly setting the world on fire beforehand. If the players were truly valuable commodities apart from their college affiliations, it should have shown through. The fact that AAF games were oftentimes drawing fewer viewers than midweek MACtion says a lot. Honestly, my guess is that a large number of the AAF and XFL players, perhaps even the majority, saw their value go down (from their college levels) when they joined the AAF/XFL, despite the fact that those players were technically going from college to the "pros." Similar arguments could be made about minor leagues. Technically they're professional leagues, but they're almost all money-losers that only exist to develop talent for the top level. The G League is a good example, since basketball is definitely a revenue sport. My guess is that the G League teams are all much less valuable than the big basketball schools. If the value was truly inherent in the players instead of the schools, shouldn't the G League teams be even more valuable than college teams?

Really, the true test would be to take the same player and look at his value at different schools. My hypothesis is that a player would have a much, much higher value at a school like Michigan than that exact same player would have at a MAC school. If that's the case, if the same player would be worth only a small fraction of his value at Michigan by instead playing at a MAC school, then the conclusion I draw is that the vast majority of his value derives not from the player himself but from playing at Michigan. If that's the case, I don't see any reason why Michigan shouldn't be getting the returns on that value.

Although it's hard to test that hypothesis with a single player (there are transfers, although my guess is that the multiple affiliations muddies the waters a bit), you can look at the values of similar players at different levels. So I'll do a thought experiment using three of the top dual-threat QBs in the country during the ~2009-2013 time frame: Denard, Colin Kaepernick (Nevada) and Jordan Lynch (Northern Illinois). Like I said, all three were considered among the top dual-threat QBs in the country, they all got plenty of mention on ESPN, they were all fringe Heisman candidates (Jordan Lynch, surprisingly, came in third in 2013), etc. And I think they're fairly evenly matched (from a college perspective; I'm not considering pro careers). I'd say Denard was probably the best runner but worst passer of the three, Kaepernick was probably the best passer but worst runner, and I'd put Lynch in the middle on both. Unsurprisingly, I'd guess that Denard was by far the most valuable college player, followed by Kaepernick, with Lynch by far the least valuable. But if you were to switch up which player played at which school, my guess is that the value would stay pretty consistent not by player but by school. Now maybe Denard might be worth a little more comparatively, as he was one of the most genuinely likeable players I've ever seen, but I'd be pretty confident that regardless of which of the players played where, the Michigan QB would be by far the most valuable, with a big gap to the Nevada QB and another gap to the NIU QB.

Again, if a player's value would plummet by playing at a MAC instead of B1G school, the only conclusion I can draw is that most of the value for these players really derives from the school. Go ahead, give them NIL rights, although even that is probably generous, because, again, does a player's NIL have value because of the player himself or because of the uniform he wears? I'm guessing it's because of the uniform, and that if the player never played for the school his NIL would be worth only a fraction of its value with the school affiliation But I don't see any problem with schools keeping most of the "value" of the enterprise because the schools create most of it anyway. At the end of the day, take away the schools and the most of the value disappears.

ShadowStorm33

December 17th, 2020 at 1:45 PM ^

Another factor that I think shows how most of the value derives from the schools themselves is that I feel like the players are largely fungible. Fans really aren't concerned with the absolute talent of their team's players so much as their talent with respect to other teams.

To do another thought experiment, imagine that the NFL finally creates a minor league, and as a result, all the college players move up a level. I.e., to populate the new minor league, they take all the players from FBS (DI-A). In turn, all the FCS (DI-AA) players move up to FBS/DI-A, all the DII players move up to FCS/DI-AA, all the DIII players move up to DII, all the NAIA players move up to DIII, etc. So as a result, all the college teams now find themselves with worse players than before. But as long as the talent levels stay around the same relative to peers, i.e. the best FBS teams get the best FCS players, etc., I really have a hard time seeing value significantly changing. If Bama, Clemson, etc. still have the best players in FBS, is their value really going to be meaningfully lower just because those players aren't as talented as before? I doubt it.

So if you can replace better players with worse, and intrinsically less valuable, ones, without overall value changing, that's just one more piece of evidence that most of the value comes from the schools in the first place.

 

Gulo Gulo Luscus

December 18th, 2020 at 8:46 PM ^

Nice work on the OP, MaizeAndBlueWahoo. In response to this comment (and related to my longer post below) - don't the players who made Duke "Duke" deserve some of the credit? Or is Duke entirely responsible for creating a program that could attract those players? I think there's a bit more of a chicken and egg debate than this line of thinking allows.

Gulo Gulo Luscus

December 18th, 2020 at 8:04 PM ^

Appreciate your thoughtful addition to the conversation here. It makes a lot of sense even though I'm on the "pay the payers" side of the spectrum with reservations. I think there's a tiny subset of who deserve a lot more compensation (Denard Robinson, Chris Webber), a modest number that deserve a little extra (Chase Winovich, Tim Hardaway Jr), and the vast majority getting a fair (Brad Robbins, Adrien Nunez) to excellent (any non-revenue athlete) deal.

But here's a thought experiment: what if the Big 10 and the MAC swapped entire rosters? Assuming that continues every year, how long would it take before the conferences flipped in value? Pretty soon Tuesday night MACtion becomes Big Ten-dnesday while University of Toledo vs. Bowling Green slots into Big Noon Saturday.

I think the implication from your original agument is that the Big 10 schools created valuable programs, which is what attracted the better players. Therefore the spoils of success, while dependent on those players, still belongs mostly to the schools. And I think that's a valid argument.

Using Michigan as an example, the institution invested roughly a century's worth of effort making their program (and college football) popular enough to be worth the massive TV contracts that followed. I might draw similar conclusions from a very different history at Oregon; the investment of one deep pocketed alum created more value than any player ever did.

But how much more value has Northwestern created for players than Miami of Ohio? Let's say only those two schools swapped rosters every year. That's not going to upend the TV landscape, nor will it guarantee Miami MAC championships, but the relative value of each program changes purely based on who's playing.

For a real world example: VCU athletics budget more than doubled following the 2011 Final Four run. That was the result of a lot of work by the school, and plenty of luck, but it seems like the players earned a piece of that pie.

Blue Middle

December 17th, 2020 at 1:28 PM ^

The revenue sharing proposal would be highly damaging to the non-revenue (especially women's) sports.  That part is stupid.

The federal government regulating and creating an oversight body is stupid.  They have plenty of work to do and are not needed here.  Additionally, we really don't need boosters and colleges now lobbying the federal government since it has control over their revenue/outcomes.  The federal government has enough problems with lobbying and the same sort of crap that this bill is supposedly trying to eliminate.

Unlimited transfers without penalty is stupid.  Pro players can't even do that.  One-time, penalty free transfers is a good idea.  Penalty-free transfers when your head coach leaves are a good idea.  And hardship transfers should stay in place.  That already gives an athlete three potential transfers during their career.  Enough.

The education part is a good idea, poorly executed.  If I start my career at Michigan and then transfer to Rutgers, who owes me a lifetime education scholarship?  

Also, I really feel like we are missing a key element here, which is helping protect players from themselves, their peers, and scammers.  College students are notoriously stupid with money and there are, unfortunately, plenty of malicious and/or good-intentioned folks that will swoop in to try to profit off of this.  I don't have an easy solution here, but fiduciary-protected trusts and qualified professionals need to be involved.  College kids that have almost no money get scammed all time (credit cards, loans, etc.).  Suddenly giving a whole lot of cash to athletes--many of whom have never had much money to manage or spend--is a very bad idea if there are not people helping protect them.

Basically, this bill is meant to provide another avenue for revenue to the federal government and more lobbying dollars to politicians instead of really focusing on helping athletes.

That said, a federal law is needed and hopefully this keeps the conversation going.

MaizeAndBlueWahoo

December 17th, 2020 at 2:18 PM ^

Unlimited transfers without penalty is stupid.  Pro players can't even do that.  One-time, penalty free transfers is a good idea.  Penalty-free transfers when your head coach leaves are a good idea.  And hardship transfers should stay in place.  That already gives an athlete three potential transfers during their career.  Enough.

Along these lines, Brian made a point in his article today that was so screamingly obvious that I feel dumb for not thinking of it: now that the schools are required to directly pay the players, they would deserve assurances themselves.  Like not having unlimited transfers (as you say) and players having to play in bowls (as Brian says.)

I think transfers are fairly self-limiting.  Most players don't want to constantly jump from team to team.  Schools probably should get some kind of contractual assurance in the transfer deal.  I wouldn't include hardship transfers anymore, because anything that requires the NCAA to keep thinking about waivers is bad and goes right back to square one.  The NCAA doesn't need to be in the business of deciding if this quarterback's auntie is just now sick enough to require a hardship waiver to a school that just happens to have a big gaping opening at quarterback.

I think the answer to the education question probably is: whatever school you were studying at when your eligibility ran out.  Rutgers owes you the scholarship.

The fact that this bill looks like a really good way for the feds to siphon off a lot of the revenue from college athletics should definitely not be ignored.

highlow

December 19th, 2020 at 9:10 PM ^

Re: protecting players -- people who take summer jobs at big tech / investment bank / consulting firms are paid large sums, yet we don't ever see people say "we need to protect goldman sachs summer analysts from themselves!" or demand that facebook pay these people via some kind of elaborate trust structure. There's something disquieting about this, I think!

(more interestingly there's no movement to make sure nba first round picks -- who get $millions at 19! -- have all of their money put in some kind of trust structure. there's something weird to me about how we care about this deeply with college athletes but not for pretty much any other well paid teens)

Blue in MD

December 21st, 2020 at 7:15 AM ^

I think there is a misunderstanding. From what I read previously, revenue sharing is from profits rather than total revenues. Obviously profit is the amount remaining after expenditures, so costs for scholarships, coaching and staff salaries are already accounted for prior to determining the total profits. It's not feasible to remove 50% of total revenues from any university's athletics department. I don't think that even Texas, UM or OSU spend less than 50% of their revenues to run all of their sports programs.

RAH

December 22nd, 2020 at 8:07 PM ^

There are so many huge flaws in this proposal, many of which people have already pointed out, that it is obvious that he doesn't know much about the subject and isn't very good at analyzing problems and coming up with effective solutions.

But thinks he is brilliant and great at everything. 

He is kind of a stereotypical politician.