"Can't let Michigan Win": Ohio Senate passes NIL bill effective July 1 2021
The Michigan NIL bill, which Gov. Whitmer has bragged about signing, goes into effect a fair amount of time from now: on December 31, 2022. That needless delay has given Ohio an opening; State Sen. Niraj Antani introduced an NIL bill last month that is effective as of July 1, 2021.
"We cannot let Michigan win," said Antani at the press conference introducing the bill. On June 16, the bill passed the Ohio Senate 33 to 0. It now heads to the House.
Is the Michigan legislature going to sit there and allow Ohio to gain yet another recruiting advantage for the 2021-22 academic year?
This is the correct reaction.
I mean, it makes sense. Ever since Tressel they have been incredible at stifling out any possible advantage Michigan can get. Their obsession may seem over the top but it gets results.
If your worldview centers entirely around football, then sure.
And theirs does.
Without question. They are also the dumbest fanbase in America collectively....Pro or College.
No doubt...I'm so dumb I flunked a blood test.
Why do you guys drive slow in the left lane?
What about Floridaman?
? They sure seem to have been able to climb in university rankings in the last 20 years while also becoming an even better football program. Maybe it's possible to do both and stop whining about how football obsessed they are?
Emergency session. June 28th, 2021. Both MSU and UofM fans, Republicans and Democrats, Men and Women, Cats and Dogs can agree on that.
Write and call your state rep.
F Ohio.
Amen to that.
Are we so sure that MSU fans wouldn't want to tank this effort just to bring us down with them?
I'd think that even the most knucklehead Sparties want their basketball team to win more than they want our football team to lose.
They should be trying to get rid of Juwan then
You're fuckin crazy if you think MSU alumni/fans hate OSU (or anyone else) just as much as they hate UM or would even consider joining allegiances.
agree, they would root for OSU to beat Michigan at any opportunity.
I'm a little confused by this NIL stuff, so someone enlighten me. Even if the Ohio legisature passes the bill, don't we still need some kind of NCAA language for it to take effect?
pretty sure state law supersedes NCAA rules, so no.
It's a bit more complicated than that. Would the NCAA declare tOSU national champions if the Ohio state legislature passed a law saying as much?
Yes, if ESPN, Paul Finebaum, and Nick Saban agree!
The NCAA doesn't declare a National Champion. The CFP declares a National Champion. The NCAA is not involved in the playoff.
State law does not supersede NCAA rules, they are not related as the NCAA rules are not laws. The state could enact a law saying there is no punishment for a helmet to helmet hit, but the NCAA can still say it's a 15 yard penalty and disqualification from the game. The US and every state already allows young athletes to sign up with advertisers (take endorsements) but the NCAA makes them ineligible.
That said, as the US federally and several states make NIL allowable,
The NCAA can declare a team ineligible for NCAA events, should state law allow college players to be paid. This much is true. However, especially with yesterday's SCOTUS ruling, the NCAA knows it's going to get a legal fight if they try to resist state NIL laws. And they know they'll lose.
Herein lies the rub... With state law saying to AD's - 'go pay your players and buy recruits', will the NCAA tell those same schools - 'do not pay attention to state law, or you won't be a part of us.'
Does the NCAA have the brass testosterone to pull that off?
Given a few conversations I had with people in AD offices (Not UM), AD's may decide not to implement any changes and wait until there is clarification from NCAA. So, the Ohio law may go into effect but may not be implemented by ADs.
Maybe so ... but I'm betting OSU's AD will not be holding back in the name of caution.
But that is not what NIL is. NIL is the players being able to make their own money, not the University paying them. So if OSUs QB gets $50k for doing a commercial for a car dealership, OSU legally can't declare him ineligible.
The university can take the scholarship away. There is nothing in the law that says players have to receive scholarship. It is going to be difficult to make it work if Univ does not go along.
The law is pretty clear that the university cannot take a scholarship away or limit their eligibility. It also indicates that the conferences and the NCAA cannot punish a team or the player if they make NIL money. So, after 7/1, a player on the Ohio State team can go sign an endorsement deal and the school, the conference and the NCAA can't do anything about it. If they tried to do something about it, I would expect an immediate court order stopping them.
Now I suppose they could ignore the court order. It would be really fun if a few AD’s and the NCAA president ended up in Jail on contempt charges.
I mean, the law can claim a player isn't eligible and can't lose his/her scholarship and the NCAA can then sue to invalidate the law based on whatever arguments it feels it has as a private entity. And since this is a state law that affects interstate commerce (the NCAA being a national organization and OSU playing games outside of the state and on national TV), it would likely be overseen by the federal court system (versus the Ohio state one) and likely wind its way up to SCOTUS. During that time I assume OSU would continue to act as if they'd win on the merits and act as if the law stood, but there'd be the risk the court would rule in the NCAA's favor on at least some grounds and then they'd have to deal with any repercussions.
This is why the NCAA royally fucked themselves by not getting ahead of the NIL train. They're going to wind up fighting multiple lawsuits in multiple jurisdictions for some time and in the end likely see their rule severely altered, if not completely invalidated, by the federal court system.
A state has the right to determine what its employment laws and protections are. For example, in California non competes are pretty much illegal. Why could an anti-retaliation law be any different?
It is likely that a federal court would kick this back to state court. The NCAA would also probably be wary of arguing that its events represent commerce since that obliterates just about any argument that anti-trust does not apply.
Then what would be the point of the bill? It is already legal for players to take money, it's simply against NCAA rules. Any bill would have to address what the NCAA or University could do about it to have any real purpose.
To declare that a player has a right to their NIL and to say that the universities couldn't include language in the player contracts requiring them to forfeit those rights, and that, should a conflict arise, the University can't declare that person ineligible. Further, if the concurrence's position ends up becoming the majority down the road, the player can actually negotiate some form of remuneration from the school in exchange for playing in addition to the educational benefits he or she might otherwise receive.
"Eligibility" to play a college sport isn't a legal definition as much as it's based on the rules in place by the overseeing organization (in this case the NCAA and the particular conferences). So if a player breaks a rule set by the NCAA he or she could absolutely be deemed ineligible and any team that plays said player is in danger of being deemed ineligible. Of course, the school and player could sue on grounds that rule isn't applicable now because of the NIL laws at the state level and other remedies under contract law, I assume, but they'd have to take that risk.
As for the potential scholarship loss, that's a different issue because that's a contract schools enter into with student athletes. They could obviously decide to not renew the scholarship and then we'd get into, again, the vagaries of contract law and the like.
i don't know about blanket team eligibility, but it seems like the ncaa could declare individual players ineligible.
for example, let's say ohio state has a player - we'll call him "shmustin shmields" - that has decided to just go ahead and publicly sign up with a local car dealership and / or tattoo parlor. at this moment, right now, the ncaa could declare him ineligible for improper benefits. please note that i'm not saying they would, or that it would stick, or that this is a permanent condition. but it's easy to imagine it happening, at least until the ncaa passes an actual rule for this stuff.
a state rep from suckass, ohio getting a law passed may or may not have any effect on any of that.
Shmustin Shmields?
Isn't he the shmuarterback who transferred from Shmorgia under shmady circumstances?
This is correct. Unfortunately, the precedent has already been set with my alma mater, The University of North Dakota as it relates to their now former Sioux nickname. In the interest of keeping this post short here is what happened:
NCAA said, "get rid of the nickname."
UND, the local Sioux tribe, and the State of North Dakota all voted in favor of keeping the nickname.
NCAA said, "we don't care."
The State legislature passed a law saying UND had to keep the nickname and the NCAA would be in violate of the law if they made the school change it.
NCAA said, "that's fine. You can keep the name but you can't participate in post season NCAA championship events."
UND, the local tribe, and the State of North Dakota said, "fuck, that sucks." and had to change the name.
Yes, they will. This is another example of the culture of why OH and OSU care more about winning football games than MI and UM. Until this changes UM won't beat OSU with any regularity.
I agree, but I'm not sure I'd want to constantly come off looking this desperate and shallow. I'm probably in the minority here but this just seems pathetic and desperate to me.
Based on voting, I'd say you're in the majority (and I'm in the minority), which is another example of the cultural differences. In my experience I tend to have more in common with your run of the mill OSU fan than UM fan outside of our rooting interests. Call it what you like, but I'd rather just win. I'm also not an alum. My dad is an alum, he's the more white collar guy with a background in prep schools, an ivy league undergrad, and a UM MBA. I'm just an educated jock who's a former college athlete, loves to lift, and teaches HS PE. Our different backgrounds highlight our cultural differences, although he does agree with me, culturally I get the sense his background is more similar to other UM fans and mine is more similar to other OSU fans who tend to value sports, exercise, and competition more.
MGoStrength this is an excellent post and summarizes how I feel. I do have more in common with OSU fans, but fuckin hate OSU.
It's our losing on the field that's pathetic.
This is the wrong reaction.
Why is it "the wrong reaction?" I live down here in Ohio and I think he's 100% correct.
One side of the rivalry is totally focused on one objective - beating Michigan in football - and the other doesnt want to get their hands dirty. One school makes it very easy for the elite athletes to stay in school via on-line classes and one doesnt. One school allows for liberal use of credit transfers and hence can raid the transfer portal at will and one school doesn't making it hard as hell to get much needed transfer players from the portal. Shit, even the freaking legislature here is doing everything they can to ensure Michigan doesnt get a leg up using player endorsement money.
This really isnt even a fight anymore. One school wakes up every morning with a singular mindset of kicking our ass while we try to decide which flavor shot we should have in our double latte frappuccino while nibbling on a scone.
In today's society its not "cool" to be passionate about kicking someone's ass. The killer mentality is only seen in a handful of athletes in sports these days and the majority are laid back saying "meh" if they lose. This couldn't be more apparent between OSU and UM.
Ohio State will go at all lengths to win and shocker they win. They get one slap on the wrist for cheating and follow it up with a 12-0 record and the train hasn't stopped rolling since. Meanwhile Michigan cares more about how many fans they can pack in the Big House, how many players make the All-Big Ten Academic team, and claiming the moral high ground despite taking an L every season to their biggest rival. Michigan fans want Stanford pedigree with Alabama/Ohio State results and sorry to say in NCAA Football you can't have both.
how about in basketball? is it possible to be a big winner in basketball without making what some might call ethical compromises?
as far as i can tell, we get great crowds, our kids graduate, and we win lots of games without what you euphemistically call "going to all lengths."
I think the way basketball is structured allows for that though. A single regular season loss isn’t a season killer, and with a larger tournament pool, it allows for a larger variance of teams to have “great” seasons. The one and done rule keeps things much more balanced, even with a select few schools getting most of the top recruits. (A freshman top 20 kid isn’t necessarily a big difference compared to a third year top 75 kid) Thus, more parity throughout the sport. Football is much different in that aspect. Meaning “going to all lengths” in football will get you much further than it will in basketball.
Harbaugh has won 69% of his games at Michigan. Objectively, he’s winning a lot of games and we “do it the right way.” Coaches in basketball who win 69% of their games are generally doing very well for themselves with some deep tournament runs. The difference is, 69% isn’t enough in football. You have to win more games, and you have to win the RIGHT games. A single slip up at the wrong time, and your season is over. So it’s really difficult to compare two sports that are so drastically different, and identify what it takes to be great in those sports.
Thus, more parity throughout the sport. Football is much different in that aspect. Meaning “going to all lengths” in football will get you much further than it will in basketball.
CFB has changed drastically in the 2010s. In the last decade only 5 teams have a NC, three teams have won multiple NCs, and one team has won half of them (Bama). That was drastically different than the two previous decades. In the previous decade 8 different teams won a NC and no team won more than two. In the decade before that 9 different teams won a NC (although two years had split titles), and only two teams won more than one, and max any team won was 3 (Nebraska with one of them being split). There is less parity in CFB than there has been in a while and it's increasingly predictable. You can basically pencil in OSU, Clemson, & Bama and if you just assume Bama is the NC you'd be right half the time.
So what you're saying is that we need a sailing program?
Agreed,...OSU, Clemson, Bama,... will do whatever it takes to win.