NIL question

[MUHAWKS]

What's up ya'll- although we all know NIL has become "pay to play" in theory an athlete is only supposed to get money or goods/services in exchange for promotion correct? so If NIL collectives are separate from the team (like not a HC offering) how does this work? It was just reported that Monmouth star WR from last yr got $200,000 NIL money to transfer to Rutgers. My question is this- Don't you have to actually use your "name , image, likeness" to get that money? So while I am fully for a real company like Nike wanting to pay millions to a legit star for marketing, we know that no real company is paying 200-500k for some FCS good player to advertise their restaurant or car dealership. So is there a check/balance for if the athlete actually ever does anything for the money and where it really came from?? I have no issue with some lacrosse star running a camp in the summer and making 50k or a football player at Nova getting 25k to be in a commercial or someone getting 50% of their own jersey sales, but clearly much of what is going on is not this.. anyone have a real clue?

[lionsrking2]

What's up ya'll- although we all know NIL has become "pay to play" in theory an athlete is only supposed to get money or goods/services in exchange for promotion correct? so If NIL collectives are separate from the team (like not a HC offering) how does this work? It was just reported that Monmouth star WR from last yr got $200,000 NIL money to transfer to Rutgers. My question is this- Don't you have to actually use your "name , image, likeness" to get that money? So while I am fully for a real company like Nike wanting to pay millions to a legit star for marketing, we know that no real company is paying 200-500k for some FCS good player to advertise their restaurant or car dealership. So is there a check/balance for if the athlete actually ever does anything for the money and where it really came from?? I have no issue with some lacrosse star running a camp in the summer and making 50k or a football player at Nova getting 25k to be in a commercial or someone getting 50% of their own jersey sales, but clearly much of what is going on is not this.. anyone have a real clue?

There are no enforceable rules anymore: Pay who you want, however much you can, however you need to do it. Pro College football is here to stay, unfortunately.

[MUHAWKS]

There are no enforceable rules anymore: Pay who you want, however much you can, however you need to do it. Pro College football is here to stay, unfortunately.



seems so-- garbage-

[WestCoastAggie]

We just started our NIL Collective and I am donating to it on a monthly basis.

prideofat.com

[Professor Chaos]

How NDSU's collective works, as far as I understand it, is when players "sign" with the collective they have to fulfill obligations such as making appearances for fans, helping non-profits, or other charitable work. I wouldn't doubt if that is how it works in theory but not in practice but NDSU's collective is also (supposed to be) just a retention tool not a recruiting tool - at least not as in a coach or collective agent isn't able to say "you'll get $XXX from the collective to come here" but I'm sure the coaches make it known that there is a collective so there's chances to dip into that if a player sticks around and is a solid contributor to the team.

In general it seems collectives are very intentionally vague in terms of how money and how much money goes to individual players because that information will be used to recruit against them (same reason why employers don't broadcast employee salaries). Such as "I see you're getting $XXX from their collective... we'll give you $YYY to come here" type thing - I wouldn't doubt if it's also so other players in the collective don't get pissy when they see what everyone else is getting.

Having a big collective isn't the end-all-be-all though. Texas A&M is hemorrhaging players, and significant contributors, to the portal and you may recall as recently as a year ago Nick Saban accusing A&M and then coach Jimbo Fisher of buying their recruiting class so they had/have a monster collective. If you recruit a player with NIL money it seems those players are more likely to see "greener" grass elsewhere down the road than players who didn't come to your school primarily for the $$$.

[Bisonoline]

How NDSU's collective works, as far as I understand it, is when players "sign" with the collective they have to fulfill obligations such as making appearances for fans, helping non-profits, or other charitable work. I wouldn't doubt if that is how it works in theory but not in practice but NDSU's collective is also (supposed to be) just a retention tool not a recruiting tool - at least not as in a coach or collective agent isn't able to say "you'll get $XXX from the collective to come here" but I'm sure the coaches make it known that there is a collective so there's chances to dip into that if a player sticks around and is a solid contributor to the team.

In general it seems collectives are very intentionally vague in terms of how money and how much money goes to individual players because that information will be used to recruit against them (same reason why employers don't broadcast employee salaries). Such as "I see you're getting $XXX from their collective... we'll give you $YYY to come here" type thing - I wouldn't doubt if it's also so other players in the collective don't get pissy when they see what everyone else is getting.

Having a big collective isn't the end-all-be-all though. Texas A&M is hemorrhaging players, and significant contributors, to the portal and you may recall as recently as a year ago Nick Saban accusing A&M and then coach Jimbo Fisher of buying their recruiting class so they had/have a monster collective. If you recruit a player with NIL money it seems those players are more likely to see "greener" grass elsewhere down the road than players who didn't come to your school primarily for the $$$.

NDSU is doing it the simple way. There is no negotiation. Its all based on performance. You will not get a check for coming. You play x-amount of snaps you get y. You play more snaps you get -z. If a players determination on coming to NDSU is $ then he isnt what we are looking for.

[Tribe4SF]

Collectives function in a variety of ways. The Tribe collective, the 1693 Alliance LLC negotiates deals with players in exchange for their service to community-based charities. Virginia has a new NIL law which may affect this as schools are now able to pay NIL money directly to players for promotion of athletic department events. Va Tech and UVA will be all over this but smaller schools like us may find it cheaper and more efficient to continue using external collectives. The 1693 Alliance has no employees and everyone involved in operations works as a volunteer. Overhead is held to less than 5%. We contract for website management which will launch very soon.

[Tribe4SF]

NDSU is doing it the simple way. There is no negotiation. Its all based on performance. You will not get a check for coming. You play x-amount of snaps you get y. You play more snaps you get -z. If a players determination on coming to NDSU is $ then he isnt what we are looking for.

Not familiar with North Dakota NIL laws but in general I don't believe "pay for performance" is yet allowed.

[taper]

Not familiar with North Dakota NIL laws but in general I don't believe "pay for performance" is yet allowed.
Didn't Alston give private orgs the ability to pay players any way they want?

[clenz]

What's up ya'll- although we all know NIL has become "pay to play" in theory an athlete is only supposed to get money or goods/services in exchange for promotion correct? so If NIL collectives are separate from the team (like not a HC offering) how does this work? It was just reported that Monmouth star WR from last yr got $200,000 NIL money to transfer to Rutgers. My question is this- Don't you have to actually use your "name , image, likeness" to get that money? So while I am fully for a real company like Nike wanting to pay millions to a legit star for marketing, we know that no real company is paying 200-500k for some FCS good player to advertise their restaurant or car dealership. So is there a check/balance for if the athlete actually ever does anything for the money and where it really came from?? I have no issue with some lacrosse star running a camp in the summer and making 50k or a football player at Nova getting 25k to be in a commercial or someone getting 50% of their own jersey sales, but clearly much of what is going on is not this.. anyone have a real clue?
At it's most basic all that really needs to be required is a deal that says "Player X gets Y dollars for doing Z number of apperances at a public event/space/time". That's it.

That's why there is starting to be so many donors/boosters getting upset at the portal right now, which they didn't hate before. So many kids are signing with an NIL, doing bare minimum to collect the checks, get the checks, and instantly hit the portal when that last one cleared.

There are super connected/informed national talking heads stating they know of some massive names that will hit the portal the second that last check hits their account. They'll do the same thing at the next place. It is literally just kids hopping school to school for money at this point. Nothing to do with PT. Nothing to do with winning. It is what NIL deal gets me the most for the least, and where can I go after that.

There are so many examples I can think of, however, I'm in Iowa so this is the easiest one to pull from

Kayden Proctor was a true freshman OL last year that started every game for Alabama. He is from Iowa. He was committed to Iowa until Bama came with an absolute bag to flip him late in the process. During last season Iowa coaches were texting him trying to get him to the portal - he admitted this on national TV. After the season he hit the portal and signed with Iowa. Sounds like home state kid coming home to a program known for throwing OL to the NFL like it's nothing. He showed up in January. He signed a massive NIL deal. He sent 3 tweets connected to his NIL and instantly hit the portal again before spring practice even started. He's heading back to Bama who gave him another bag.

That's all it is at this point. It is the lowest possible bar for what "NIL" actually is.

The only funny/joke side of it is even though Proctor (or anyone that transfers) is gone the Iowa NIL collective still owns his NIL until the end date of that contract. They can still use him, if they so choose, in ads. They won't, but they theoretically could and the players get zero more dollars from it

[lionsrking2]

Not familiar with North Dakota NIL laws but in general I don't believe "pay for performance" is yet allowed.

Yes it is. There is no mechanism or will to enforce rules so you can do whatever the hell you want.

[Milktruck74]

I've heard two tales in the past few days about NIL.

1. A MBB coach said he was talking to a kid who agreed to transfer in, but needed his NIL money to be bumped up $XXX because he needed to pay taxes on last years NIL $$$, that he already spent! Ha. MAny are forgetting that Uncle is gonna get his share!
2. A HS coach went on a visit with a kid, they talked to the HC and the collective. Never went on the first campus tour or discussion with academics. It isnt about selling a degree anymore.

[clenz]

I've heard two tales in the past few days about NIL.

1. A MBB coach said he was talking to a kid who agreed to transfer in, but needed his NIL money to be bumped up $XXX because he needed to pay taxes on last years NIL $$$, that he already spent! Ha. MAny are forgetting that Uncle is gonna get his share!
2. A HS coach went on a visit with a kid, they talked to the HC and the collective. Never went on the first campus tour or discussion with academics. It isnt about selling a degree anymore.
Point 1 is something so many were pointing out from before this actually went into play, and it's hilarious (and sad) that in spite of all the warnings and talk about it so many didn't actually do anything about it.

[taper]

Point 1 is something so many were pointing out from before this actually went into play, and it's hilarious (and sad) that in spite of all the warnings and talk about it so many didn't actually do anything about it.
Funny, I'm from North Dakota and saw tons of 18-21 year old men earn $100k+/yr in the oilfield boom and there wasn't really any problem with taxes. If society says you're adult at 18, you get everything that goes with that. Not like taxes are a secret.

[caribbeanhen]

There are no enforceable rules anymore: Pay who you want, however much you can, however you need to do it. Pro College football is here to stay, unfortunately.

Why not give the universities back to the students and allow these young talented football players to market their skills somewhere else like that semi pro pre NFL league ….

[caribbeanhen]

We just started our NIL Collective and I am donating to it on a monthly basis.

prideofat.com

Good luck with that

I’d be afraid of getting ripped off

[Milktruck74]

Funny, I'm from North Dakota and saw tons of 18-21 year old men earn $100k+/yr in the oilfield boom and there wasn't really any problem with taxes. If society says you're adult at 18, you get everything that goes with that. Not like taxes are a secret. Part of the difference is those in the trades were W2 employees...so there was money taken from each check to offset a large hit on 4/15...Collective is just a 10/99 check...and kids that have never really had any significant income don't really think about that stuff....but Society (and Uncle Sam) will eventually remind them!!

Also, having been an 18-22 year old at one point in my life (I actually played in my first post High School Football game at 17), and knowing how much trouble I managed to find during those years....If I was getting $5k or $10k a month while I was in college, NOTHING of The Lord would have come from that money!!! I probably would have spent it $1 at a time...with the occasional $5 pitcher (yeah, strippers would work for a buck and pitchers were only $5 in the 90s...just not at the topless bar!).

[clenz]

Funny, I'm from North Dakota and saw tons of 18-21 year old men earn $100k+/yr in the oilfield boom and there wasn't really any problem with taxes. If society says you're adult at 18, you get everything that goes with that. Not like taxes are a secret.
Taxes are pulled directly from that check with a W2/W4. NIL deals are completely separate. They aren't a W4. They aren't taxed up front, or at all.

It's a 1099 situation where you have to know to pay taxes on your own, how to plan for it, how to set aside, etc. Not that there isn't resources for this, but the information isn't given to the kids with it. These kids all of a sudden have 10, 20, 50, 150k, 1m, et. hit their accounts and everything else disappears.

It's also not unique to kids in the NIL. In the world of content creation being as large as it (Twitch, YouTube, Kick, OnlyFans, etc.), or the world of consultancy, where some haven't been/aren't paying quarterly taxes or working with an accountant to make sure things are being handled correctly.

No, taxes aren't a secret. However, you whiffed extremely hard on the "I saw people at a W2/W4 that didn't have tax issues so the fact that some of these kids have tax issues due to ignorance should never happen."

[TribeNomad1]

Part of the difference is those in the trades were W2 employees...so there was money taken from each check to offset a large hit on 4/15...Collective is just a 10/99 check...and kids that have never really had any significant income don't really think about that stuff....but Society (and Uncle Sam) will eventually remind them!!

Also, having been an 18-22 year old at one point in my life (I actually played in my first post High School Football game at 17), and knowing how much trouble I managed to find during those years....If I was getting $5k or $10k a month while I was in college, NOTHING of The Lord would have come from that money!!! I probably would have spent it $1 at a time...with the occasional $5 pitcher (yeah, strippers would work for a buck and pitchers were only $5 in the 90s...just not at the topless bar!).



Funny, I was talking to someone today, mentioned a little windfall, but joked that I was not going to blow it on liquor and women!! Maybe some (a little) wisdom with age. Did not make it rain!!

[taper]

Taxes are pulled directly from that check with a W2/W4. NIL deals are completely separate. They aren't a W4. They aren't taxed up front, or at all.

It's a 1099 situation where you have to know to pay taxes on your own, how to plan for it, how to set aside, etc. Not that there isn't resources for this, but the information isn't given to the kids with it. These kids all of a sudden have 10, 20, 50, 150k, 1m, et. hit their accounts and everything else disappears.

It's also not unique to kids in the NIL. In the world of content creation being as large as it (Twitch, YouTube, Kick, OnlyFans, etc.), or the world of consultancy, where some haven't been/aren't paying quarterly taxes or working with an accountant to make sure things are being handled correctly.

No, taxes aren't a secret. However, you whiffed extremely hard on the "I saw people at a W2/W4 that didn't have tax issues so the fact that some of these kids have tax issues due to ignorance should never happen."
So we agree this is a widely publicized issue that affects many people. Pay your dang taxes, it's not that hard.

[nodak651]

So we agree this is a widely publicized issue that affects many people. Pay your dang taxes, it's not that hard.

That requires personal responsibility though. Is that still a thing?!

[Milktruck74]

Funny, I was talking to someone today, mentioned a little windfall, but joked that I was not going to blow it on liquor and women!! Maybe some (a little) wisdom with age. Did not make it rain!!

It reminds me of the guy that won $1,000,000 and was flat broke a year later. They asked him where it all went and he said, "I spent $990,000 on Liquor and Ladies...and the other $10k, well was just wasteful spending!"

[Milktruck74]

So we agree this is a widely publicized issue that affects many people. Pay your dang taxes, it's not that hard.

Yes, the issue is you hand a kid, albeit 18 years old is an adult with responsibilities, a huge wad of money...and they have never had to budget or plan or many don't have adults modeling this type of behavior for them either. And most of them will not automatically adopt responsibility!!! Thinking about the guys I played with and the ones I've known over the years...I'd guess (pure guess) about half of D1 MBB and FB players (thats really where NIL money is going) come from poverty level homes, or homes receiving government benefits...and those families do not tend to model the best budgeting habits to their kids. I wouldn't take as much issue with NIL if the money was placed in some type of trust (with a small living stipend given to the players) until their graduation...and I think NIL should be tied to remaining at the sameschool.

[Bisonoline]

Not familiar with North Dakota NIL laws but in general I don't believe "pay for performance" is yet allowed.

Sure it is. Has been that way for years. Now there is just more transparency. What NIL laws are you talking about.

[clenz]

Yes, the issue is you hand a kid, albeit 18 years old is an adult with responsibilities, a huge wad of money...and they have never had to budget or plan or many don't have adults modeling this type of behavior for them either. And most of them will not automatically adopt responsibility!!! Thinking about the guys I played with and the ones I've known over the years...I'd guess (pure guess) about half of D1 MBB and FB players (thats really where NIL money is going) come from poverty level homes, or homes receiving government benefits...and those families do not tend to model the best budgeting habits to their kids. I wouldn't take as much issue with NIL if the money was placed in some type of trust (with a small living stipend given to the players) until their graduation...and I think NIL should be tied to remaining at the sameschool.
Nor are taxes, or anything related to it, being taught at something like 98% of schools - public or private. For some reason, and I have my theories but not the time or place, our country screams "PERSONAL ACCOUNTABILITY" while refusing to actually take the time to educate our youth from a young age on these forms of personal accountability. There are hundreds of thousands - hell millions or more - full grown adults that have no idea how taxes work. It's why accountants and tax pros exist. The entire tax code and tax law is written to be as confusing as possible with lobbying from tax pros and firms to ensure they have to be used.

No, this isn't a new thing either where "kids today just don't get it". I've been out of school longer than I was in it at this point. I took 3 years of accounting, and then other business/econ, in high school. Essentially none of those hours over 3 years was tax related.

My sisters are much older than I - both graduated in the very early 90s. We have very different views on life but we talk about all the different things. They also have the "take accountability" stance (which coming from them can be slightly funny at times). So I asked them the same question. When you were in HS in the 80s and 90s were you taught about filing taxes, calcuating taxes, what you need to report, what you don't need to report, when you need to report, how to prepare for money you get that you need to report? The answer was also no.

My parents are fairly early boomers, born in 51. I've asked them how much tax law was covered when they were in school, because I always hear the "PERSONAL ACCOUNTABILITY" and "back in my day this wasn't an issue" from the boomer ages specifically. They also said there was no tax law being covered in school.

Hand an 18 year old in 2024, 1994, 1974, 1954 a quarter million dollars and none of them will know what the **** to do with it "properly". Hell, hand a quarter million dollars cash (or wire to an account in modern times) to a 30 something in 2024, 1994, 1974, 1954 and they would have slightly more knowledge what to do with it but what knowledge they do have likely amounts to **** all.

Look how many lotto winners - of any size of note - end up going back to where they are, or at best slightly ahead. Look at the number of professional athletes who end up bankrupt within just a handful of years out of the league. When you just dump a ****load of money on someone who has never had it they will have no idea what to do with it. This isn't a personal accountability issue as much as people want to believe. Yes, of course there is that as a piece of it. There is also bad advisors, bad investments, scummy agents, etc. all getting involved and exploiting a persons lack of knowledge of what to do when more wealth gets given to someone at once than their entire family has seen for generations combined.


I also still 100% stand by my "comparing a 18-year-old at a W2 job to an 18-year-old being given straight cash that isn't taxed up front" is a dumb as **** comparison. It's disingenuous at best. That 18-year-old in the oil fields wouldn't be any different than the 18-year-old football player if they were given their yearly salary at one time with no taxes taken out of it initially.

[ElCid]

Nor are taxes, or anything related to it, being taught at something like 98% of schools - public or private. For some reason, and I have my theories but not the time or place, our country screams "PERSONAL ACCOUNTABILITY" while refusing to actually take the time to educate our youth from a young age on these forms of personal accountability. There are hundreds of thousands - hell millions or more - full grown adults that have no idea how taxes work. It's why accountants and tax pros exist. The entire tax code and tax law is written to be as confusing as possible with lobbying from tax pros and firms to ensure they have to be used.

No, this isn't a new thing either where "kids today just don't get it". I've been out of school longer than I was in it at this point. I took 3 years of accounting, and then other business/econ, in high school. Essentially none of those hours over 3 years was tax related.

My sisters are much older than I - both graduated in the very early 90s. We have very different views on life but we talk about all the different things. They also have the "take accountability" stance (which coming from them can be slightly funny at times). So I asked them the same question. When you were in HS in the 80s and 90s were you taught about filing taxes, calcuating taxes, what you need to report, what you don't need to report, when you need to report, how to prepare for money you get that you need to report? The answer was also no.

My parents are fairly early boomers, born in 51. I've asked them how much tax law was covered when they were in school, because I always hear the "PERSONAL ACCOUNTABILITY" and "back in my day this wasn't an issue" from the boomer ages specifically. They also said there was no tax law being covered in school.

Hand an 18 year old in 2024, 1994, 1974, 1954 a quarter million dollars and none of them will know what the **** to do with it "properly". Hell, hand a quarter million dollars cash (or wire to an account in modern times) to a 30 something in 2024, 1994, 1974, 1954 and they would have slightly more knowledge what to do with it but what knowledge they do have likely amounts to **** all.

Look how many lotto winners - of any size of note - end up going back to where they are, or at best slightly ahead. Look at the number of professional athletes who end up bankrupt within just a handful of years out of the league. When you just dump a ****load of money on someone who has never had it they will have no idea what to do with it. This isn't a personal accountability issue as much as people want to believe. Yes, of course there is that as a piece of it. There is also bad advisors, bad investments, scummy agents, etc. all getting involved and exploiting a persons lack of knowledge of what to do when more wealth gets given to someone at once than their entire family has seen for generations combined.


I also still 100% stand by my "comparing a 18-year-old at a W2 job to an 18-year-old being given straight cash that isn't taxed up front" is a dumb as **** comparison. It's disingenuous at best. That 18-year-old in the oil fields wouldn't be any different than the 18-year-old football player if they were given their yearly salary at one time with no taxes taken out of it initially.

I was never taught about taxes, by school or parents, but as soon as I had to start paying my own at 21, I learned. And learned real quick. Down to the library I went and read anything available, included the instructions which were usually available along with the forms. Once I had more complicated taxes like capital gains, I learned them too. If someone doesn't know what to do it's on them to learn.

[Tribe4SF]

Sure it is. Has been that way for years. Now there is just more transparency. What NIL laws are you talking about.

Many states have recently passed their own NIL laws and they vary in their intent and specifications as to what is allowed. Virginia passed a law which is effective July 1 allowing schools to make NIL deals directly with student athletes.

[caribbeanhen]

The best class I remember from HS was when the teacher, bless her heart, diverted from the mundane and broke out a 1040 form and ran us through a few examples…

they don’t teach personal financial accountability in school because the establishment needs you to spend … just a thought

[Milktruck74]

Not sure if it is the same for NIL but pro athletes are considered entertainers and their weekly check is taxed based on the location of the performance. So, say you are in the made up conference and got $100k NIL deal (ha... but the numbers make it simple) and if you play 5 games in Tennessee, 3 in GA and 2 in SC....you would be taxed nothing on half of your money (no state income tax in TN) but you would owe on $30k in GA and $20k in SC...this gets really complicated.

[ElCid]

Not sure if it is the same for NIL but pro athletes are considered entertainers and their weekly check is taxed based on the location of the performance. So, say you are in the made up conference and got $100k NIL deal (ha... but the numbers make it simple) and if you play 5 games in Tennessee, 3 in GA and 2 in SC....you would be taxed nothing on half of your money (no state income tax in TN) but you would owe on $30k in GA and $20k in SC...this gets really complicated.

Oh yeah, forgot about that. Now these guys will have to deal with paying taxes in multiple states. This is becoming more and more entertaining to watch as it unfolds.

[taper]

Not sure if it is the same for NIL but pro athletes are considered entertainers and their weekly check is taxed based on the location of the performance. So, say you are in the made up conference and got $100k NIL deal (ha... but the numbers make it simple) and if you play 5 games in Tennessee, 3 in GA and 2 in SC....you would be taxed nothing on half of your money (no state income tax in TN) but you would owe on $30k in GA and $20k in SC...this gets really complicated.
Your weekly game check is taxed in the state you play in, but I'm pretty sure endorsements are in your home state, or possibly in the state you film commercials in. I would expect NIL to be your single home state.

[ElCid]

Your weekly game check is taxed in the state you play in, but I'm pretty sure endorsements are in your home state, or possibly in the state you film commercials in. I would expect NIL to be your single home state.

Why? If a player earns it for a season, year? It must therefore be included each week/month, so they will be on the hook for each week of the season. Any out of state games will simply be a portion of the weekly, monthly, or yearly pay. Or will their "labor" somehow cease during away games? Everyone who has been advocating and cheerleading for this has to take the good with the bad. With how other players and coaches and business travelers have to deal with this, seems like players will be on the hook. But it will largely depend on "how" players are paid. But expect the tax men to be watching for creative tax avoidance schemes.

[taper]

Why? If a player earns it for a season, year? It must therefore be included each week/month, so they will be on the hook for each week of the season. Any out of state games will simply be a portion of the weekly, monthly, or yearly pay. Or will their "labor" somehow cease during away games? Everyone who has been advocating and cheerleading for this has to take the good with the bad. With how other players and coaches and business travelers have to deal with this, seems like players will be on the hook. But it will largely depend on "how" players are paid. But expect the tax men to be watching for creative tax avoidance schemes.
I've earned income in multiple states before. I don't average my total income between them, it's split on what's earned where. A NFL player's team income and endorsement income are from legally completely different sources.

[ElCid]

I've earned income in multiple states before. I don't average my total income between them, it's split on what's earned where. A NFL player's team income and endorsement income are from legally completely different sources.

Yeah I get that. But the gray areas is where the dirty details are. Player gets a NIL deal for being on team. He gets paid x amount per month. If he goes to a different state and has his picture taken or is filmed (at a game, practice, or recruiting use) by NIL source ... oops. If a CEO travels to another state and is simply photographed at a company event, he is on the clock for taxes in that state. What about out of state players still maintaining residency in their home state? Player from NY, playing and getting NIL in Florida. As a NY resident, he will owe taxes to NY, not Florida. It's going to be a mess for some kids. And if a link can be established between recruiting and NIL, a court might be inclined to treat it as all income and simply a shell game source and a pay for play. And then there are those who are not talking about NIL at all, but regular pay for players. Then it's game on, no questions asked for multi state taxes. It won't be clean at all in any event.

[clenz]

Yeah I get that. But the gray areas is where the dirty details are. Player gets a NIL deal for being on team. He gets paid x amount per month. If he goes to a different state and has his picture taken or is filmed (at a game, practice, or recruiting use) by NIL source ... oops. If a CEO travels to another state and is simply photographed at a company event, he is on the clock for taxes in that state. What about out of state players still maintaining residency in their home state? Player from NY, playing and getting NIL in Florida. As a NY resident, he will owe taxes to NY, not Florida. It's going to be a mess for some kids. And if a link can be established between recruiting and NIL, a court might be inclined to treat it as all income and simply a shell game source and a pay for play. And then there are those who are not talking about NIL at all, but regular pay for players. Then it's game on, no questions asked for multi state taxes. It won't be clean at all in any event.
All of this is where the "JUST PAY TAXES. HAVE SOME ACCOUNTABILITY" really starts to break down.

We have the biggest "JUST PAY TAXES. HAVE SOME ACCOUNTABILITY" people on the planet here who have just known, in their DNA, that taxes have to be paid a certain way depending how you get paid, sitting here debating back and forth on how taxesw ould need to be paid or not paid or based on where. Yet the expectation is just these 18-20 year olds who have likely never had more than a few hundred at a time to be accountable for is expected just to instantly know this.

Plus the speed at which NIL is evolving and expecting these students to just instantly know all of this.

Are we starting to see where it's not entirely just "PAY YOUR TAXES" and it goes deeper than that?

As CH said, "those in power don't want you to know". He's right, and I said the same earlier. Tax code and tax law are intentionally as complicated as possible. They spend hundreds of millions of dollars a year trying to get congress to pass new tax laws making it as hard as possible for people to file on their own. Hell, a couple of them have tried to make it illegal/impossible for people to file on their own without paying exorbitant costs in doing so.

[Tribe4SF]

All of this is where the "JUST PAY TAXES. HAVE SOME ACCOUNTABILITY" really starts to break down.

We have the biggest "JUST PAY TAXES. HAVE SOME ACCOUNTABILITY" people on the planet here who have just known, in their DNA, that taxes have to be paid a certain way depending how you get paid, sitting here debating back and forth on how taxesw ould need to be paid or not paid or based on where. Yet the expectation is just these 18-20 year olds who have likely never had more than a few hundred at a time to be accountable for is expected just to instantly know this.

Plus the speed at which NIL is evolving and expecting these students to just instantly know all of this.

Are we starting to see where it's not entirely just "PAY YOUR TAXES" and it goes deeper than that?

As CH said, "those in power don't want you to know". He's right, and I said the same earlier. Tax code and tax law are intentionally as complicated as possible. They spend hundreds of millions of dollars a year trying to get congress to pass new tax laws making it as hard as possible for people to file on their own. Hell, a couple of them have tried to make it illegal/impossible for people to file on their own without paying exorbitant costs in doing so.

What we've done with the 1693 Alliance at W&M is have an athlete-alum who is a tax accountant prepare a handout for all NIL recipients outlining tax considerations. He will also offer periodic workshops for recipients to get more personalized tax advice. If schools and collectives are truly interested in enhancing athletes' opportunities they need to make sure athletes have the knowledge to deal with those opportunities.

[FUBeAR]

What we've done with the 1693 Alliance at W&M is have an athlete-alum who is a tax accountant prepare a handout for all NIL recipients outlining tax considerations. He will also offer periodic workshops for recipients to get more personalized tax advice. If schools and collectives are truly interested in enhancing athletes' opportunities they need to make sure athletes have the knowledge to deal with those opportunities.
Are they provided with 1099’s for the value of the Tax Consultation they receive?

[Tribe4SF]

1693 Alliance website.

1693 Alliance | Support William & Mary Student-Athletes (https://1693alliance.com/)

[Milktruck74]

What we've done with the 1693 Alliance at W&M is have an athlete-alum who is a tax accountant prepare a handout for all NIL recipients outlining tax considerations. He will also offer periodic workshops for recipients to get more personalized tax advice. If schools and collectives are truly interested in enhancing athletes' opportunities they need to make sure athletes have the knowledge to deal with those opportunities.

They are not!!!

[FUBeAR]

They are not!!!
Nope - they are interested in the ego stroke they get when laundry in the colors they prefer defeats other piles of laundry.

[Milktruck74]

Circling back to this...Through this whole NIL thing, or what it has morphed into, is the NCAA not just sanctioning the EBAY like auction of National Championships? My school doesn't have the funding to be competitive in Mid Major BB or FCS football under these new rules...so, do we just drop to D2 or D3 and buy a few Championships there? What does a Women's golf Championship at the D3 level cost? You could probably buy 15 of those for the cost of being competitive in FCS football...So, when do the ADs sit down and do the cost/benefit analysis on levels and numbers of championships?

I know this is MBB (but FB will be next)...a school in the SoCon has the funds to offer almost $100k to players and others are able to offer less than $5k....When does the NCAA reclassify based on the $$$ in your schools NIL fund?

[Professor Chaos]

The courts have neutered the NCAA here and they have no power to stop the wild west of collectives and NIL. I guess you can criticize the NCAA for not seeing this coming and trying to put something in place proactively to curtail it but the courts have opened up NIL to the point where the NCAA has no authority to prevent NIL agents/collectives from contacting high school recruits or transfer targets at other schools (even if those targets aren't in the transfer portal).

This article lays it out: https://www.sportico.com/leagues/college-sports/2024/ncaa-nil-enforcement-antitrust-tennessee-1234768948/#!

I'd say Tennessee and Viriginia (and any other states who joined that antitrust lawsuit against the NCAA) deserve just as much blame for the current state of affairs as the NCAA does. We're all reaping what they sowed.

[Mocdaddy]

You are absolutely right. The fat cats in Knoxville couldn't win while passing out sacks of cash in a McDonald's bag so they will try to outbid everyone they can for top players.

[Bisonoline]

The courts have neutered the NCAA here and they have no power to stop the wild west of collectives and NIL. I guess you can criticize the NCAA for not seeing this coming and trying to put something in place proactively to curtail it but the courts have opened up NIL to the point where the NCAA has no authority to prevent NIL agents/collectives from contacting high school recruits or transfer targets at other schools (even if those targets aren't in the transfer portal).

This article lays it out: https://www.sportico.com/leagues/college-sports/2024/ncaa-nil-enforcement-antitrust-tennessee-1234768948/#!

I'd say Tennessee and Viriginia (and any other states who joined that antitrust lawsuit against the NCAA) deserve just as much blame for the current state of affairs as the NCAA does. We're all reaping what they sowed.

The two A spent millions to fight the lawsuit they knew they were going to lose. They just cant seem to do anything correctly without their usual over reach.

[mainejeff]

https://beardowncollective.org/

[Go Lehigh TU Owl]

https://beardowncollective.org/

As soon as I saw the name I immediately looked up Arizona's collectives under the assumption there was at least one to use the "Bear Down" saying. To my astonishment it's not the case....

[Tribe4SF]

https://beardowncollective.org/

Wonder who else in the CAA is moving on this?

1693 Alliance | Support William & Mary Student-Athletes (https://1693alliance.com/)

[WestCoastAggie]

Wonder who else in the CAA is moving on this?

1693 Alliance | Support William & Mary Student-Athletes (https://1693alliance.com/)

A&T is definitely in on this.

https://www.prideofat.com/

[etiger]

Towson has a NIL collective
https://www.gohcollective.com/

[DFW HOYA]

There are Patriot League collectives at Colgate and Holy Cross.

[Lehigh Football Nation]

NIL is a clusterf- of a mess. What an absolute mockery of its intent. It's quite possible that the squabbling over valuation (good luck using Scout star ratings to rate the incoming pay of incoming freshmen!) Title IX (I see no earthly way shoveling 95%+ money to male athletes will comply with Title IX opportunities prongs) and changing rules for fairness (people are thinking this will be managed by roster size and eliminating walk-ons - really? Did anyone see what happened to the PL when they shrank roster sizes?) and the House judge (who still might not agree about the settlement), this may still all unravel.

Involving FCS, almost all the schools here will be prioritizing men's basketball over football, which is way more cost-efficient (one induced paid player in hoops can carry a team vs. dozens in football). Considering the richest schools will just poach the Conference Players of the Year, too, it will be much harder to have good success consistently. At least a generational player in hoops can mean one-and-done but a run in the tournament.

I think the ultimate endgame here is going to be semipro P5 athletics, devoid of education that will long-term fail, and some sort of new NCAA-like entity that emerges from the FCS, Big East and possibly the rest of the membership. There are thorny issues to iron out but I don't think NIL will be what it is today, which is unsustainable. The NCAA made a huge mistake soaking 95% of the membership on House for that settlement. That one move I think will be the end of the NCAA.

[Lehigh Football Nation]

seems so-- garbage-

A more concise way of putting it.

[FUBeAR]

https://www.indystar.com/story/opinion/columnists/2024/06/05/indianapolis-ncaa-settlement-nil-college-sports/73971123007/

Too big to fail? Bankrupting NCAA would have been needed new chapter for college sports

Bankrupting the NCAA would have disbanded the organization’s ineffectual leadership and structure, making way for something that actually serves the needs of athletes and universities.

Joe Moglia
Chair of Athletics / Executive Director for Football / Executive Advisor for the President
Coastal Carolina University
June 5, 2024

The NCAA got off easy settling House v. NCAA for more than $2.7 billion (https://apnews.com/article/ncaa-settlement-b6ff58d62f93359789dde1626f827bf1). With as much as $20 billion (https://www.nytimes.com/athletic/5506457/2024/05/20/ncaa-settlement-house-lawsuit-college-sports/) in penalties on the line, it’s surprising the plaintiffs didn’t go for the touchdown and reject the settlement. A loss would have bankrupted the NCAA, heaped long-denied money on athletes, and opened a new chapter for college sports.

Bankrupting the NCAA would have disbanded the organization’s ineffectual leadership and structure, making way for something that actually serves the needs of athletes and universities. But that’s not what happened. There is a prevailing sense the NCAA is “too big to fail” and that collapse would irrevocably destabilize college athletics.

This fear is shortsighted. If the NCAA disappeared tomorrow, it might disrupt a couple seasons, but the Conferences could quickly fill the void. If one of the major banks had collapsed in 2008, the fear was that the global financial system itself would have disintegrated. That’s why the government stepped in and every step was taken to protect the banks. We’re treating the NCAA the same way now.


….click to read the rest. It’s worth the read.

[FUBeAR]

A more concise way of putting it.A picture saves even more words…
https://upload.wikimedia.org/wikipedia/commons/thumb/7/7c/Symptoms-vomiting.jpg/440px-Symptoms-vomiting.jpg

[Tribe4SF]

NIL is a clusterf- of a mess. What an absolute mockery of its intent. It's quite possible that the squabbling over valuation (good luck using Scout star ratings to rate the incoming pay of incoming freshmen!) Title IX (I see no earthly way shoveling 95%+ money to male athletes will comply with Title IX opportunities prongs) and changing rules for fairness (people are thinking this will be managed by roster size and eliminating walk-ons - really? Did anyone see what happened to the PL when they shrank roster sizes?) and the House judge (who still might not agree about the settlement), this may still all unravel.

Involving FCS, almost all the schools here will be prioritizing men's basketball over football, which is way more cost-efficient (one induced paid player in hoops can carry a team vs. dozens in football). Considering the richest schools will just poach the Conference Players of the Year, too, it will be much harder to have good success consistently. At least a generational player in hoops can mean one-and-done but a run in the tournament.

I think the ultimate endgame here is going to be semipro P5 athletics, devoid of education that will long-term fail, and some sort of new NCAA-like entity that emerges from the FCS, Big East and possibly the rest of the membership. There are thorny issues to iron out but I don't think NIL will be what it is today, which is unsustainable. The NCAA made a huge mistake soaking 95% of the membership on House for that settlement. That one move I think will be the end of the NCAA.

The sky is not falling but there will be continuing issues for our level to deal with. As to Title IX, collectives are not subject to these rules and that is one reason they will continue to be important. At our level I doubt there are many schools that will opt to pay players directly. W&M certainly doesn't have the money to do that. Will be interesting to see if a new limit on roster size for FBS results in higher quality high school players being available to all of us.

[FUBeAR]

As to Title IX, collectives are not subject to these rules and that is one reason they will continue to be important.
FUBeAR thinks what you mean to say here is that federal bureaucrats nor courts have YET found that collectives are subject to current Title IX regulations / legislation.

Bureaucrats (and courts, also, perhaps) have recently held that basketball players at Dartmouth are employees, thus subject to NLRB regulations / legislation. Before that / those rulings, they were not.

If there is a financial motive and/or a political motive for those making such decisions to find that collectives ARE subject to Title IX regulations / legislation, then they will be…you can bet your last ruble on it.

[Tribe4SF]

FUBeAR thinks what you mean to say here is that federal bureaucrats nor courts have YET found that collectives are subject to current Title IX regulations / legislation.

Bureaucrats (and courts, also, perhaps) have recently held that basketball players at Dartmouth are employees, thus subject to NLRB regulations / legislation. Before that / those rulings, they were not.

If there is a financial motive and/or a political motive for those making such decisions to find that collectives ARE subject to Title IX regulations / legislation, then they will be…you can bet your last ruble on it.

As independent businesses collectives will have significant legal ground to oppose any such regulatory move. The Department of Education has not had, and likely will not have any business interfering with a collective's operations. The NCAA wants to get rid of collectives but they have and will fail in those efforts. The only control they can exercise is over what student athletes can and cannot do and they've spent a lot of money failing in that regard.

[Lehigh Football Nation]

I agree with FUBear - just because Title IX hasn't been applied yet to collective inducements (or direct school inducements) doesn't mean that it never will be... in fact there are lawsuits in the pipeline that are ready to challenge it now. It's a matter of time before they work their way through.

IMO, the NCAA and the schools themselves are lurching into a territory they are too dim to realize will bankrupt them. Somewhere, either through valuation (equal pay for men and women?) or opportunities (is a male player making millions really the same educational opportunity as a female player making hundreds?) Title IX will get them. It applies to education, full stop. And the only way out of that conundrum to me is to take education out of the mix, i.e. make it not a requirement to get an education to play sports. All of these roads lead to astronomical expenses, losing the NCAA Tournament, players spending more than 4 years in the "minor leagues", or all three, any one of which is a disaster for the NCAA and the Power 5 schools. And that's not even taking into account the insurmountable task of finding a true valuation for incoming high school athletes that's fair.

[Bisonoline]

As independent businesses collectives will have significant legal ground to oppose any such regulatory move. The Department of Education has not had, and likely will not have any business interfering with a collective's operations. The NCAA wants to get rid of collectives but they have and will fail in those efforts. The only control they can exercise is over what student athletes can and cannot do and they've spent a lot of money failing in that regard.

Best thing the NCAA could do is come up with a working model for compensation , disbursement and compensation for when an athlete moves to a different school. If the want to still be in the game they gotta get back in and show they are relevant.

[Tribe4SF]

I agree with FUBear - just because Title IX hasn't been applied yet to collective inducements (or direct school inducements) doesn't mean that it never will be... in fact there are lawsuits in the pipeline that are ready to challenge it now. It's a matter of time before they work their way through.

IMO, the NCAA and the schools themselves are lurching into a territory they are too dim to realize will bankrupt them. Somewhere, either through valuation (equal pay for men and women?) or opportunities (is a male player making millions really the same educational opportunity as a female player making hundreds?) Title IX will get them. It applies to education, full stop. And the only way out of that conundrum to me is to take education out of the mix, i.e. make it not a requirement to get an education to play sports. All of these roads lead to astronomical expenses, losing the NCAA Tournament, players spending more than 4 years in the "minor leagues", or all three, any one of which is a disaster for the NCAA and the Power 5 schools. And that's not even taking into account the insurmountable task of finding a true valuation for incoming high school athletes that's fair.

Collective inducements are not affiliated with the school. If schools offer NIL payments directly to student athletes they will very likely be subject to Title IX. Title IX is not going to bear on a car dealership making an NIL deal with a football player either whether there's a collective involved or not.

[Tribe4SF]

Best thing the NCAA could do is come up with a working model for compensation , disbursement and compensation for when an athlete moves to a different school. If the want to still be in the game they gotta get back in and show they are relevant.

You're right. The NCAA has wasted time and enormous money by holding out for an anti-trust exemption. A new model will emerge and has been delayed unnecessarily by the NCAA's intransigence.

[Lehigh Football Nation]

Collective inducements are not affiliated with the school. If schools offer NIL payments directly to student athletes they will very likely be subject to Title IX. Title IX is not going to bear on a car dealership making an NIL deal with a football player either whether there's a collective involved or not.

I understand people believe this, but I don't. I think there are a lot of Title IX lawyers that are working on this as we speak.

Suppose I get a call from the Irish Mafia paying me a bribe, sorry, inducing me to go to a particular pub. I go to the pub, the pub gets my money. The Irish Mafia is literally paying me to go. The main beneficiary is the pub. How is this not an affiliation? How on earth are you going to prove or demonstrate that the bribe didn't really mean to go to that pub, but any pub? This is the type of hogwash people are being asked to believe.

I'm willing to concede if they are just employees of the university, not students, then Title IX doesn't apply and its merely an economic transaction. If the Irish Mafia pays me to go and there's an affiliation, then it's literally just money laundering, but it's not technically illegal. But since they're allegedly students, Title IX and gender equity applies.

Again, the NCAA and the Power 5 are lumbering into a debate they do not want to have, if they are smart, which they're not.

[Lehigh Football Nation]

You're right. The NCAA has wasted time and enormous money by holding out for an anti-trust exemption. A new model will emerge and has been delayed unnecessarily by the NCAA's intransigence.

On this broad point I agree. Although I think this mess has many mothers and fathers, not just the NCAA. *cough* BrettKavanaugh *cough*

[Tribe4SF]

I understand people believe this, but I don't. I think there are a lot of Title IX lawyers that are working on this as we speak.

Suppose I get a call from the Irish Mafia paying me a bribe, sorry, inducing me to go to a particular pub. I go to the pub, the pub gets my money. The Irish Mafia is literally paying me to go. The main beneficiary is the pub. How is this not an affiliation? How on earth are you going to prove or demonstrate that the bribe didn't really mean to go to that pub, but any pub? This is the type of hogwash people are being asked to believe.

I'm willing to concede if they are just employees of the university, not students, then Title IX doesn't apply and its merely an economic transaction. If the Irish Mafia pays me to go and there's an affiliation, then it's literally just money laundering, but it's not technically illegal. But since they're allegedly students, Title IX and gender equity applies.

Again, the NCAA and the Power 5 are lumbering into a debate they do not want to have, if they are smart, which they're not.

Speaking of NIL lawyers you should follow this guy. Also happens to sit on the Board of the 1693 Alliance.

Mit Winter (@WinterSportsLaw) / X (twitter.com) (https://twitter.com/WinterSportsLaw)

[FUBeAR]

As independent businesses collectives will have significant legal ground to oppose any such regulatory move. The Department of Education has not had, and likely will not have any business interfering with a collective's operations. The NCAA wants to get rid of collectives but they have and will fail in those efforts. The only control they can exercise is over what student athletes can and cannot do and they've spent a lot of money failing in that regard.
FUBeAR hears ya…BUT…

https://cdn.theathletic.com/app/uploads/2024/05/21100446/Rashada-v.-Hathcock-5.21.2024.pdf
RASHADA v. HATHCOCK et al


Plaintiff:
JADEN RASHADA [Currently a Football Player involved with the Football Program at the University of Georgia]


Defendant[s]:
HUGH HATHCOCK
WILLIAM NAPIER
MARCUS CASTRO-WALKER and
VELOCITY AUTOMOTIVE SOLUTIONS LLC


Case Number:
3:2024cv00219


Filed:
May 21, 2024


PLAINTIFF JADEN RASHADA’S ORIGINAL COMPLAINT - Plaintiff Jaden Rashada (“Jaden”), by and through counsel, hereby files this Original Complaint against Defendants Hugh Hathcock (“Hathcock”), William “Billy” Napier (“Napier”), Marcus Castro-Walker (“Castro-Walker”), and Velocity Automotive Solutions LLC (“Velocity Automotive”) (collectively, “Defendants”).

I. INTRODUCTION
1. The unsuccessful recruitment of star high school quarterback Jaden Rashada to the University of Florida (“UF” or “Florida”) is emblematic of the abuses running rampant in the world of big-time college football. Student-athletes can now be paid for the use of their name, image and likeness, more commonly known as NIL. Jaden’s miserable experience reveals in stark and dramatic detail what can happen to young student-athletes when wealthy, win-at-all-cost alumni insert themselves into college football’s recruiting process.

* Gator Guard - Florida Gators Collective
LAUNCH DATE - Apr 2022
STATUS - LLC
FOUNDERS - Hugh Hathcock
APRIL 27, 2023 UPDATE: Gator Guard has halted day-to-day operations.
PREVIOUS INFORMATION: Gator Guard was founded by CEO and long-time Florida fan Hugh Hathcock as a “a new, exclusive, very influential group of high-net-worth Gators” that are willing to make donations in the millions.

* BILLY NAPIER
TITLE Head Coach
Billy Napier enters his third season with the Gators after being named the 29th head coach in program history on Nov. 28, 2021.

* MARCUS CASTRO-WALKER
TITLE Director of Player Engagement and NIL
Marcus Castro-Walker enters his second year on the Gators’ staff after being named director of player engagement and NIL ahead of the 2022 season.

* Founded in 2018 by Hugh Hathcock, founder of ELEAD1ONE, Velocity [Automotive Solutions LLC] was built to help dealers streamline sales and service processes, improve communications, and maximize business opportunities.


…FUBeAR understands this is a private lawsuit, BUT we do have an Officer of a Collective (Hathcock) AND a private business (Velocity) very closely linked with a (non-operational as of the date of the filing of the lawsuit) NIL Collective (Gator Guard) as a named Co-Defendant with 2 employees of the University (Napier & Castro-Walker).

The more they get ‘tied together’ legally, the more difficult it is going to be for them to defend that they are not, essentially, a unified entity acting for a common purpose … thus, subjecting the Collective to Title IX regulations.

And, we can already see that donors to and/or officers of a Collective are subject to liability claims as a result of the actions / transactions of that collective. How will that play out when Plaintiff Attorneys get a wrongful death client whose 3 family members were run down by a 17 year old college athlete driving his new Koenigsegg Jesko Absolut @ 310 mph while they were walking down a city street - with that Absolut having been purchased with Collective $’s or even provided directly by a Collective / Collective donor. Actions have consequences. Risky actions have greater consequences.

(Georgia football players add to traffic incidents since Jan. 15 crash, records show - Jun 14, 2023 - Georgia football players and their cars have been involved in at least 10 reports of traffic-related moving violations in Athens-Clarke County since Jan. 15, when a player and team staff member were killed in a reckless driving incident allegedly tied to racing, according to records obtained by ESPN. Players have also been involved in at least 60 additional moving violations -- including speeding, distracted and reckless driving, and disobeying traffic signs -- since the beginning of the 2021 academic year https://www.espn.com/college-football/story/_/id/37847138/georgia-football-players-add-traffic-incidents-jan-15-crash-records-show# )

FUBeAR is not a Plaintiff Attorney, but he does hang out with some of those types. They see a payday in EVERYTHING. Gub-mint enforcement arms tend to act like Plaintiff Attorneys. 2 types of “constituents” in their eyes - those they are suing and those that don’t know yet that they are going to be sued.

[Tribe4SF]

FUBeAR hears ya…BUT…

https://cdn.theathletic.com/app/uploads/2024/05/21100446/Rashada-v.-Hathcock-5.21.2024.pdf
RASHADA v. HATHCOCK et al


Plaintiff:
JADEN RASHADA [Currently a Football Player involved with the Football Program at the University of Georgia]


Defendant[s]:
HUGH HATHCOCK
WILLIAM NAPIER
MARCUS CASTRO-WALKER and
VELOCITY AUTOMOTIVE SOLUTIONS LLC


Case Number:
3:2024cv00219


Filed:
May 21, 2024



* Gator Guard - Florida Gators Collective
LAUNCH DATE - Apr 2022
STATUS - LLC
FOUNDERS - Hugh Hathcock
APRIL 27, 2023 UPDATE: Gator Guard has halted day-to-day operations.
PREVIOUS INFORMATION: Gator Guard was founded by CEO and long-time Florida fan Hugh Hathcock as a “a new, exclusive, very influential group of high-net-worth Gators” that are willing to make donations in the millions.

* BILLY NAPIER
TITLE Head Coach
Billy Napier enters his third season with the Gators after being named the 29th head coach in program history on Nov. 28, 2021.

* MARCUS CASTRO-WALKER
TITLE Director of Player Engagement and NIL
Marcus Castro-Walker enters his second year on the Gators’ staff after being named director of player engagement and NIL ahead of the 2022 season.

* Founded in 2018 by Hugh Hathcock, founder of ELEAD1ONE, Velocity [Automotive Solutions LLC] was built to help dealers streamline sales and service processes, improve communications, and maximize business opportunities.


…FUBeAR understands this is a private lawsuit, BUT we do have an Officer of a Collective (Hathcock) AND a private business (Velocity) very closely linked with a (non-operational as of the date of the filing of the lawsuit) NIL Collective (Gator Guard) as a named Co-Defendant with 2 employees of the University (Napier & Castro-Walker).

The more they get ‘tied together’ legally, the more difficult it is going to be for them to defend that they are not, essentially, a unified entity acting for a common purpose … thus, subjecting the Collective to Title IX regulations.

And, we can already see that donors to and/or officers of a Collective are subject to liability claims as a result of the actions / transactions of that collective. How will that play out when Plaintiff Attorneys get a wrongful death client whose 3 family members were run down by a 17 year old college athlete driving his new Koenigsegg Jesko Absolut @ 310 mph while they were walking down a city street - with that Absolut having been purchased with Collective $’s or even provided directly by a Collective / Collective donor. Actions have consequences. Risky actions have greater consequences.

(Georgia football players add to traffic incidents since Jan. 15 crash, records show - Jun 14, 2023 - Georgia football players and their cars have been involved in at least 10 reports of traffic-related moving violations in Athens-Clarke County since Jan. 15, when a player and team staff member were killed in a reckless driving incident allegedly tied to racing, according to records obtained by ESPN. Players have also been involved in at least 60 additional moving violations -- including speeding, distracted and reckless driving, and disobeying traffic signs -- since the beginning of the 2021 academic year https://www.espn.com/college-football/story/_/id/37847138/georgia-football-players-add-traffic-incidents-jan-15-crash-records-show# )

FUBeAR is not a Plaintiff Attorney, but he does hang out with some of those types. They see a payday in EVERYTHING. Gub-mint enforcement arms tend to act like Plaintiff Attorneys. 2 types of “constituents” in their eyes - those they are suing and those that don’t know yet that they are going to be sued.

You're jumping several bridges here. Using a case where the defendants did not comply with contractual obligations and coaches likely lied to an athlete to justify independent businesses being subjected to restraint of trade is a long jump. Lawyers may try, but collectives are already organized and their legal position will remain strong.

[taper]

FUBeAR thinks what you mean to say here is that federal bureaucrats nor courts have YET found that collectives are subject to current Title IX regulations / legislation.

Bureaucrats (and courts, also, perhaps) have recently held that basketball players at Dartmouth are employees, thus subject to NLRB regulations / legislation. Before that / those rulings, they were not.

If there is a financial motive and/or a political motive for those making such decisions to find that collectives ARE subject to Title IX regulations / legislation, then they will be…you can bet your last ruble on it.
On the contrary, the courts have had several relevant Title IX decisions. SCOTUS ruled 9-0 in NCAA v Smith that the NCAA is not subject to Title IX at all because it does not directly receive tax money. Unanimous decisions are rarely overturned, plus the NCAA's head lawyer was John Roberts, who is now Chief Justice. This is rock solid. NIL collectives can point to this and avoid any issues.
There's currently a Circuit split on if medical centers affiliated with a university are subject to T9. Doe v Mercy Catholic Medical Center said yes, O'Conner v Davis said no.
I'm very confident that if T9 becomes a problem, that problem will quickly go away by schools creating a legally separate football program that licenses school imagery. NCAA v Smith proves this is possible, but the exact format may need to be tweaked.

[Lehigh Football Nation]

I'm very confident that if T9 becomes a problem, that problem will quickly go away by schools creating a legally separate football program that licenses school imagery. NCAA v Smith proves this is possible, but the exact format may need to be tweaked.

Then they're not students. They're minor league athletes with a logo. The school merely becomes a minor league brand to the NFL. Ask the USFL and XFL how that's working out.

[Professor Chaos]

Then they're not students. They're minor league athletes with a logo. The school merely becomes a minor league brand to the NFL. Ask the USFL and XFL how that's working out.
Those leagues didn't have 100+ years of legacies and fan base building on their side. College football has always been the NFL's minor league. These last couple years in the new NIL wild west not only is college football surviving I'd say that it's thriving. Ratings are huge and trending upward - in person attendance may be trending down slightly but stadiums are still regularly packed and I don't think the passion of college fan bases, as a whole, have dwindled much at all. I'd wager that collectively us college football fans would/will view semi-pro players (who are potentially now considered school employees) with grumbling about the purity of the game etc etc but, by and large, we're not going anywhere and we'll continue to cheer for our school's team because they're still our school's team.