NIL and the Portal are 2 separate issues. Modifying the Portal rules doesn't violate any court ruling nor does it affect the player's ability to receive compensation for their name, image or likeness.
Placing a 1 year sit rule will make other collectives think twice in paying money for players to sit. That player is still receiving NIL payments from their current school collective if other collectives refuse to pay him to sit.
This idea is not new. MANY FBS coaches have suggested we need to put a sit rule on the Portal, including many P5 coaches.
While I hate to agree with Vic, the Supreme Court has basically said that they won't allow any rule that hinders a student athlete's ability to make money off of their NIL. I know you're saying "well they can still get paid to sit out a year if the team wants them that bad", but the athletes will argue that the offers they received were negatively impacted by the sit-out rule, and therefore that rule impeded their ability make money.
It can be inferred from the initial ruling by the Supreme Court that ANY restrictions placed by NCAA or any conference, etc. which abridges a players right to earn money will be stricken. Making a player sit and maybe give up a year of eligibility will certainly abridge their unequivocal right to make money and it is believed by this poster would be struck down by the US Supreme Court if any attempted to implement such a restriction.
since athletes now are essentially professional contractors, could a University, in the scholarship offer, insert a non-compete clause OR a similar clause be included in the NIL contract that is offered by the Collective or Business?
It seems more like more of a non-compete issue than a "may be paid" issue.
SCOTUS has greatly weakened the non-compete clause and FTC wants to virtually ban it.
From the article...
Under this rule, if we had a sit rule on the other side of the portal for 1st time transfers, it would not be a problem. This would have helped with ZC.At the crux of the lawsuit is the NCAA’s “discretionary” waiver process for transfer student-athletes, which allows some student-athletes to participate immediately with their new teams if they can meet certain criteria. The lawsuit sought a declaratory judgment that the transfer rule violates Section 1 of the Sherman Act and an injunction that would prevent the NCAA from denying waivers under this rule.
However, the court’s decision and the agreement between the parties, now allow for any student-athlete who has transferred more than once and has not been granted a waiver by the NCAA to be immediately eligible to play.
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