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  • Saturday: What Will Texas Do Given New NIL Ruling?


    Bobby Burton

    In the immediate aftermath of the NCAA ruling on the legality of utilizing NIL as a means of inducement and recruiting yesterday afternoon, I reached out to a couple of folks within the Texas NIL Infrastructure.

    There are two prevailing thoughts:

    First and foremost, Texas is going to speak with its own NCAA compliance officials and receive some guidance. This ruling is ultra-new. So while it would be easy to just say the old rules don't matter anymore, Texas is going to make sure of the nuances of the ruling, what they mean, and what proper next steps are.

    There will be lawyers involved in that discussion.

    Second, it will absolutely change how "some" of the recruiting process works. But not the core of it, at least not at Texas.

    Texas coaches will still be the ones offering scholarships, still be the ones recruiting the players, etc.

    However, In light of the pervasiveness of the ruling, other programs may choose an entirely different tack.

    The leader of the Tennessee collective is apparently saying that he plans to send financial offers out to players beginning next week.

    So where does this leave us?

    College football seems to be headed ever closer to a true open market. If so, Texas with all its resources, revenue and fan support will be just fine.

     

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    Texas needs to make sure that we don’t spend too much time trying to figure out the nuances of the situation while our friends in B/CS, Oxford, Eugene, Baton Rouge, Norman… are acting.  Say what you want, but a large part of the massive recruiting success of that ‘22 Aggy class was because they were ready to go and taking an active approach while Texas was still talking to lawyers and trying to figure out how they wanted to do things.  The horse is so far out of the barn now that doing anything less than a full frontal assault is really putting yourself at a disadvantage versus the rest of the field. 

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    2 minutes ago, tsip92 said:

    Texas needs to make sure that we don’t spend too much time trying to figure out the nuances of the situation while our friends in B/CS, Oxford, Eugene, Baton Rouge, Norman… are acting.  Say what you want, but a large part of the massive recruiting success of that ‘22 Aggy class was because they were ready to go and taking an active approach while Texas was still talking to lawyers and trying to figure out how they wanted to do things.  The horse is so far out of the barn now that doing anything less than a full frontal assault is really putting yourself at a disadvantage versus the rest of the field. 

    That 22 A&M class was a last push effort before NIL and was money under the table and illegal. Please don't confuse anyone into thinking A&M was ahead of the curve in anything but meat judging and male cheerleaders.

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    5 minutes ago, tsip92 said:

    Texas needs to make sure that we don’t spend too much time trying to figure out the nuances of the situation while our friends in B/CS, Oxford, Eugene, Baton Rouge, Norman… are acting.  Say what you want, but a large part of the massive recruiting success of that ‘22 Aggy class was because they were ready to go and taking an active approach while Texas was still talking to lawyers and trying to figure out how they wanted to do things.  The horse is so far out of the barn now that doing anything less than a full frontal assault is really putting yourself at a disadvantage versus the rest of the field. 

    Good discussion IMO.

    Couple of thoughts:

    - Texas, institutionally, is far more engaged and prepared today than they were in '21. Texas was NOT ready for NIL at the beginning. They are now in the way that they want to be. The proof has been in the pudding.

    - Allegedly, what A&M and others did at the time was not above board and was what was said to have been prohibited. Texas wasn't going to go there like that.

    To your point, this is an ultra-fluid situation. New rules every minute or month.

    If you're CDC or Sark, how are you supposed to run an aircraft carrier when rules are changing so quickly? The key will be to adapt quickly. Texas now has more hands on deck than they did in 2021 but execution will still be the key.

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    "The leader of the Tennessee collective is apparently saying that he plans to send financial offers out to players beginning next week."

    You have to think the Tennessee coaching staff doesn't like this. It's not a good idea to have non-football staff making offers (financial or otherwise) independent of the coaches. That basically tells you the coach really isn't in charge. Ask Cowboys fans how well it works to have the money man stepping between the coaches and players.

    Edited by harveycmd
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    5 minutes ago, harveycmd said:

    "The leader of the Tennessee collective is apparently saying that he plans to send financial offers out to players beginning next week."

    You have to think the Tennessee coaching staff doesn't like this. It's not a good idea to have non-football staff making offers (financial or otherwise) independent of the coaches. That basically tells you the coach really isn't in charge. Ask Cowboys fans how well it works to have the money man stepping between the coaches and players.

    Or they're in cahoots with the Tennessee staff on some level, sending letters only to players Tennessee staff wants them to.

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    1 minute ago, Bobby Burton said:

    Or they're in cahoots with the Tennessee staff on some level, sending letters only to players Tennessee staff wants them to.

    That would make the most sense for the well being of the program. 

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    5 minutes ago, GoHorns1 said:

    It’s my understanding that the rule was  NOT the final ruling

    It's a temporary injunction until the case is formally adjudicated by the federal district court. Given the strong language of the Supreme Court ruling that allowed NIL a few years ago, however, there is very little doubt it will stand. That's what everyone said when the NCAA first came out with their attempt to slap the Vols a few weeks ago. They should have known they had no chance to enforce it, but, like Bobby said, they refuse to accept reality and move forward. Hence they probably must go.

    Edited by harveycmd
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    I trust Sark and his emphasis on character/team culture to find the best players for the Team.  Hopefully this means finding the right players and then being competitive with NIL, not being ultra-aggressive with trying to buy players for the team.  It may be an antiquated view, but I still say it's hard to win a war with a mercenary army.

    That '22 class at aggie didn't prove to be the juggernaut they thought when they went on their spending spree. 

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    13 minutes ago, harveycmd said:

    It's a temporary injunction until the case is formally adjudicated by the federal district court. Given the strong language of the Supreme Court ruling that allowed NIL a few years ago, however, there is very little doubt it will stand. That's what everyone said when the NCAA first came out with their attempt to slap the Vols a few weeks ago. They should have known they had no chance to enforce it, but, like Bobby said, they refuse to accept reality and move forward. Hence they probably must go.

    Agree 1000%

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    1 hour ago, Bobby Burton said:

    Texas is going to speak with its own NCAA compliance officials and receive some guidance.

    Great write up Bobby. Also, this portion is absolutely hilarious.  
     

     

    Edited by TexasLonghorns
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    I agree with UT taking a cautious route while the new ruling is being fleshed out. As Bobby said, Texas is far better prepared for NIL today than it was a few years ago. I do not know if the leader of the Tenn. collective is working in conjunction with the football staff or not but if this ruling becomes permanent then I fully expect UT and the Texas One Fund to do what is best for our players, program, and the university. 

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    The judge has given the guidance and what the future will be. We all know this. Of course Texas will take their time that is how they operate usually. But times are changing and I suspect we play the game much quicker, while still keeping main focus as before. 

    No offer will be given without staffs approval at any university. That is what is so funny just move it in house because it already is in house so to speak. Coaches know who to offer and how much.You think any Collective is gonna match an offer without Sark's approval as an example. Collectives aren't just a renegade group ha, they work hand in hand with coaches and we all know it.

    Next question will be on loyalty points in giving to NIL. Bet that gets looked at again everywhere, why not? Even though not related to this case, I can see another court case on that ha! Strike while this drags through the courts and Congress. Fun times ahead !

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    I agree with much of what has been posted above. I don’t see how a temporary injunction that prohibits the NCAA from enforcing its rules can be interpreted to mean that the rules have changed or no longer apply. That may well be the end result, but that is not the regulatory landscape right now. 

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    1 hour ago, Longhornlove said:

    That 22 A&M class was a last push effort before NIL and was money under the table and illegal. Please don't confuse anyone into thinking A&M was ahead of the curve in anything but meat judging and male cheerleaders.

    If that is true about aTm, then Bobby Collins and SMU were way ahead in the 80s.

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    @Bobby Burton

    Question on a separate but related issue…does this at all change the concept of having LH Foundation donations redirected to NIL purposes?  I believe the legislature green-lighted this in their NIL law, but we chose to refrain from using the donations in this way until some other NIL issues were settled.  Thoughts?

    This would be one mechanism for Texas to really separate its NIL program from most others.

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    Also will this have an impact on whether or not HS athletes in Texas can get paid while in HS? Yes I know the 2021 law prohibits that here, but other states allow it.

    Will this ruling have any effect? Of course the THSCA will keep fighting it. But I can see an athlete here challenging that and get their$ early as opposed to when they enroll. Quinn had to leave to get his.

    I mean if an athlete can get offers now from a Collective is it fair he can't get his$ started now if other states HS kids can? Like Missouri for instance. Just thinking out loud, but I can see lawyer taking that on. More than likely Texas changes the law despite HS coaches objections.

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    52 minutes ago, VaHorn said:

    I agree with much of what has been posted above. I don’t see how a temporary injunction that prohibits the NCAA from enforcing its rules can be interpreted to mean that the rules have changed or no longer apply. That may well be the end result, but that is not the regulatory landscape right now. 

    I don't know how much clearer the Judge could be. Violates anti trust and the ruling will hold. Have read numerous articles from those in the know and no one believes this won't hold.

    The only caveat is if Congress steps in which again seems very unlikely anytime soon, if ever. And here we are. Imo it is dead and buried, and we should navigate that way in the T1 Fund and Athletic Dept. We all know this is headed to the Athletic Dept taking over NIL eventually. We shall see .2 more big cases are out there as well . Back pay for athletes NIL which could be 4 billion the NCAA pays, and employee question. Buckle up!

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    28 minutes ago, GoHorns1 said:

    It’s just a matter of time before a Texas High School athlete sues the State of Texas for blocking NIL and wins.

    I was thinking the same and as a retired coach and  still member of the THSCA they are wrong  to keep fighting this imo. May have to wait until next legislative session, but I can see a kid challenging this  now even more. I am definitely not a lawyer, but with other states allowing this just seems unfair. I don't see our state wanting to be at a disadvantage, figured we would have amended that law last session. But agreed it is coming.

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    Also, does this mean a school can go to another school and offer a player an nil deal even though they're not in the portal? Will you have to offer a high school kid or a portal person a contract a two-year deal worth x number of dollars? So they don't leave?

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    3 minutes ago, David Latiolais said:

    Also, does this mean a school can go to another school and offer a player an nil deal even though they're not in the portal? Will you have to offer a high school kid or a portal person a contract a two-year deal worth x number of dollars? So they don't leave?

    This has been going on the last two years.

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