Hopefully Dinkytown Athletes has pretty straightforward and clear deals.
The player requests the school put them in the portal and the school does the thing.
Right, but is there anything that says a school _has_ to approve it???
I hate Wisconsin and generally like to believe anything bad about them, but what's your evidence of this?
Majority of bonuses in employment are paid based past performance or tenure (so earned), so I don't think that's a good comparison. My thought is, like others, is that there is something that is not fully public that is causing Wisconsin to make this stand.
Has nothing. It is a bit of Spaulding's to throw stuff out there.
Except that doesn't give WI the right to force him to stay on their team.
in that sense, WI is in a difficult situation. WI needs the collective to provide NIL - so it is dependent on the collective and wants to maintain a strong relationship. If WI lets the player take the money and run, that sets a precedent and undercuts any legal action the collective may be considering.
If the decision is those choices.
Termination Clause: This likely exists in whatever NIL deal he signed. However, it would seem like the likely resolution would be for him to pay the money back. Courts almost never would force someone to continue rendering whatever service.
Based on previous posts, Spaulding seems to be operating under the belief that evidence is optional
As I have understood the transfer portal, the player notifies the team and the team enters them in but I also don't think they can block a transfer. As I had seen it, it was more procedural than anything else. But saying that I will freely admit that I have no real clue how any of this works anymore
You would probably know better than I would but can they actually stop a player from entering the portal? As I understood things it was really all procedural, player says they are transferring, school has X number of days to enter their name into the transfer portal.
Honestly, I’m not sure. I should have said WI thinks they can stop him from entering the portal. I don’t know how the courts would decide.
As I have understood the transfer portal, the player notifies the team and the team enters them in but I also don't think they can block a transfer. As I had seen it, it was more procedural than anything else. But saying that I will freely admit that I have no real clue how any of this works anymore
It is typically just a procedural step. Player requests to be entered and the school complies. They have stopped him from entering the portal thus far by refusing to take the administrative step of entering his name. They are supposed to do that within two business days of receiving his request, so they aren't in compliance with that rule. They seem to think that they have some justification here not to enter his name, but no one has said what that basis would be. Might be egregious circumstances here, but hard for me to see a court in the current environment finding that wisconsin is justified in refusing to honor his request based on a claim that he violated an agreement with a third party (i.e. the NIL collective).
That is the thing...I don't think they really can. I think they basically did away with that right when they changed the transfer rules. If he is in good academic standing and is admitted to another school I don't think there is anything WI can do to make him ineligible even under NCAA rules. (let alone legal ones)
Even in a normal climate I am not sure the court would allow this. The NCAA set the rules and they are in violation of them. Unless transfer rules get further updated and defined there is nothing WI can do.
If by "there is nothing WI can do" you mean that, ultimately, they would lose in court, I agree with you based on what I know. But in a very real and practical sense, there is something wisconsin can do and they are doing it right now--they can refuse to put his name in the portal and, at least temporarily, prevent him from moving on. I suspect that they are hoping that Lucas will decide he's losing more by delaying his transfer than he'd gain by fighting about the money and that he'll agree to pay back some or all of it to get his name entered and move to a new school in time for spring semester. Whether that is a good bet or a bad one depends on all kinds of factors none of us know about.
I'm not positive that them not entering him in the portal means he can't transfer. If anything all it really accomplishes is makes it harder for the teams following the rules to contact him most likely.
Yeah that was what I meant. This is short term stuff at best though sooner or later he is going to be playing somewhere else. I am not even sure short term it really does much because you don't have to enter the portal to transfer anyways I don't think. The point of the portal I thought was to allow schools to contact you...he can still choose to go elsewhere as long as he follows all of the rules. (I think)
I think that's just a 247 editorial decision. Lucas has engaged legal counsel - Darren Heitner - who has had this to say over the last few days: