The Sunday Pulpit (via Loewy Law Firm): NIL complaints from coaches? Cry me a river

Anwar Richardson

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Apr 24, 2014
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Adam Loewy is one of the top personal injury lawyers in Austin. Adam is a proud graduate of the University of Texas School of Law and started his law firm in 2005. Adam helps people who have been injured in car crashes, slip and falls, dog bites, and other assorted ways. He is actively involved in every case he handles and is always available to talk or text. If you or a loved one has been injured, call the Loewy Law Firm today at (512) 280-0800.

The recent SEC Spring Meetings in Miramar Beach, Destin Florida’s first-cousin, was one of the few times I smiled during a work-related road trip during my nine-year tenure at Orangebloods.

The meetings took place a few feet away from white sand, blue water, wonderful small city, and I tried to think of ways to convince @Ketchum why relocating our home base to Miramar Beach is essential for our company’s future. It was a great change because most of the time, I am just waiting to get the heck out of a city. Road trips to Lubbock have always made me question where I went wrong in life. I never counted down the days to arrive in West Virginia. Kansas State and Kansas were decent because I always stayed in Kansas City. There is not a Big 12 city I will miss when Texas joins the SEC.

However, one topic threatened to ruin my paradise during those meetings – hearing coaches whine about name, image, and likeness.

No topic made my eyes roll faster and countdown to having a poolside drink faster than NIL. Hearing coaches complain about the system being out of control was laughable. At times, I found their complaints to be hypocritical. Overall, I am just tired of the entire conversation.

Here is the reason why coaches complaining about NIL makes my skin crawl.

Coaches are accustomed to having control and hate living in a world where players are calling the shots. They never had to put players first. Most coaches spent their entire careers putting themselves and their program ahead of the players. However, they cannot do that anymore.

Cry me a river.

It was not long ago when coaches were allowed to screw over players who wanted to transfer. Some players wanted to move closer to home. Other players wanted to play for a program that provided them with an opportunity for more playing time. Some players just were unhappy.

And many coaches did not give a damn.

Heck, it was a common practice for assistant coaches to lie about their long-term future at a program, and after signing day, they left for another school. That coach changed his phone number and never spoke to the family he deceived again.

How did many coaches respond?

They limited the options of unhappy players. These coaches who claimed to care about their “kids” did not allow some players to transfer within the conference, or programs that were close to home. Those coaches banished players without any remorse because they were allegedly protecting their program.

Oh, and the player had to sit out a year.

Heck, former Texas Tech coach Kliff Kinsbury received backlash for attempting to restrict the Baker Mayfield's transfer options - as a walk-on.

Do you understand how controlling a coach is to limit the options of a non-scholarship player?

The NCAA grew tired of lawsuits and eventually decided to give players every right they wanted. Basically, the NCAA decided it would give players everything except a paycheck.

NIL?

No problem.

Transfer portal?

Go for it.

Sit out a year after transferring?

Heck no.

The NCAA protects its billion-dollar annual revenue from the players?

Mission accomplished.

Here is my reaction to what the majority of coaches said about NIL during the spring meetings.

Alabama football coach Nick Saban

“I think when you start talking about players being employees, you're talking about unions. You're talking about now you're getting paid for something, you have to pay tax. We probably invest, I don't know Greg Byrne (athletic director) could tell you better, $85,000 to $100,000 on every player that we have, whether it's academic support, tutoring, personal development programs, whatever it might be. There's a tremendous investment that's made in player development. Not only football-wise but academically as well as personal. So, you're going to have to start paying tax on all that. Just because you got a tutor, you have a pay tax on what it costs? I don't know. You have to pay tax on the gear that you get? I made the statement years ago, and I got very criticized for it, is this what we want college football to become? Now, it's kind of becoming that. I don't think it's going to be a level playing field because some people were showing a willingness to spend more than others, where if you want to bring the NFL into it, they have a salary cap. They have all the things that level the playing field. We could put guidelines on some of the stuff that would do the same thing.

“I think the big mistake that people make is college athletics is not a business. People say it's a business. It's not a business. It's revenue-producing. When I was the coach of the Miami Dolphins, Wayne Huizenga owned the team. That was a business. He took a profit, he made money, he made a huge investment. That doesn't happen in college athletics. We reinvest every cent that gets made into non-revenue sports, scholarships, to a lot of things that create a lot of opportunity for a lot of people, which is really, really good. So, we're not talking about the same thing. It's not really a business. It's revenue-producing, and nobody takes a profit. All the money gets reinvested in other opportunities for other people, whether it's facilities, whether it's scholarships, whether it's opportunities for people to play, and if we continue down this road, are we going to be able to continue to have those opportunities? I think those are all good questions that somebody probably ought to answer.”

Comment: In 2022, Nick Saban signed an eight-year contract worth $93.6 million, with an average yearly salary over the length of the contract of $11.7 million. Saban cannot say this is not a business when he will earn nearly $100 million (not including previous earnings). Cut his salary in half and invest it into NIL and Alabama never has a worry in the future.


Auburn coach Hugh Freeze

“I'm very, very glad that I've been blessed to provide for my wife and children and got two grandchildren on the way, a life because of young men that have done well, that go back to Lambuth, Arkansas State, Liberty, Ole Miss, Auburn. I think it's incredibly good, that they can benefit off of some of the blessings that we've all received from our great game. I wish we would have had the foresight to plan better and have a better plan that is within some parameters where the blessings are there, but it's not so transactional. Because I got into coaching for the transformative means and that's what I witnessed from the coaches that coached me, from my father and other great coaches that I played for. It makes you think and wonder, does my way still work to build culture and team, when really a lot of these transactional deals now, there's really only one side that's really locked in to the process, and that's unnerving and a little concerning. Is it going to change? I don't know. I don't know what the answers would be but I sure wish … we coaches just wish man is the same for every single state, every single school, the budgets is the same to benefit these players. You just kind of wish that it was more black and white and really cut and dry as to kind of how everybody should operate in this new world.

“I remember when I was at Ole Miss, someone I don't know had the idea of hey, let's be proactive with this, and let's put in $50,000 a year to an account. After the freshman is academically successful and a sophomore, give him $75,000 after that, and then maybe $100,000 after his junior year, and when he graduates with his degree, that money is sitting there in an account for him to start his life, whether it's NFL or not. I think back to all those discussions and it just makes you think, man, I wish we could have really seen all of this coming and maybe put some parameters around it. But, how do they say it, the horses left the barn now, and how do you change that? That's way beyond my ability to think through. I do think for coaches that have been in it a long time, and I haven't been in SEC as long as many of the others, it's a different dynamic to the transactional way versus the old way of, man, this process is going to help you be better as a man, as a player, in life, you're going to learn lessons. And they're hard lessons sometimes and they're difficult and you got to stick with it and you got to fight through it, you got to work your way up the depth chart, and it's going to pay you dividends later on. And man, we all worry a bit that that's a greater challenge now a lot more.”

Comment: If you want to put the money away, every scholarship needs to be guaranteed. That means coaches cannot pull scholarships or encourage players to transfer. Nevertheless, we can romanticize college athletics. Many players attend college because there is not a minor league system for football, similar to baseball, basketball, and hockey. This solution is unrealistic.


Florida coach Billy Napier

“Yeah, the number of variables that contribute to this issue we have relative to employee law, antitrust law, the difference in state law. So, regardless of my opinion, we have a number of variables that contribute to this issue. Federal oversight is ultimately the answer to the question. Who's going to do that? Is it our government? Is it the college football playoff? Is it one of our leagues? Is the SEC. And at some point, I think you're going to see some frustration with all involved, and somebody's got to make a decision that that ultimately puts those things in place that you're describing.”

Texas A&M coach Jimbo Fisher

“Here's why you're concerned, whether it's that law, but every state has a different law. Uniformity is what you got to try to do with NIL. I think that's the first step to doing it the right way is finding uniformity across the board so it's equal competition level. And to me, that's the key. That’s where probably our government has to be the one to step in somehow, some way, to be able to do that.”

Comment: I do not care if you are a liberal or conservative, the worst solution to most problems will be, “We need more government.” Imagine the politician you cannot stand. Now, imagine that person hijacking college sports and not approving a proposal unless they get something in return. That is a horrible idea.



Missouri coach Eliah Drinkwitz

“With all the realignment and strategies, and all of the things that were talked about. Last year, there was an idea floated around at the SEC was going to become their own 16 team conference and have their own playoff. Why can't the SEC run their own NIL collective model or how we want to be governed? We do that with some recruiting restrictions. We do that with some admittance restrictions. And I know they're going to say, the conversations will put us at a disadvantage amongst the other leagues. But we got to come up with something.”

Comment: Why should the SEC place restrictions on its schools when no other conference is doing it? Instead, why not figure out how to succeed in a world with no restrictions?


Texas athletic director Chris Del Conte

“You know, what’s interesting, Anwar? I think name image likeness and its original intent was supposed to be …. It’s like Pat Mahomes. Pat Mahomes has a big NIL deal with State Farm. He never wears the Chiefs stuff. It’s truly his name, image, or likeness. In college athletics, you could look at it and say that was the original intent, and it's kind of just gotten morphed into some chaos. That'll eventually settle out just like anything else. I love the fact that I got a scholarship to go to college. I still owed almost $58,000 in student loan debt. It took me 17 years to pay it off, but I chose to do that. That was an opportunity. I think we've lost the value of education in this in this argument. With only two or three percent of the kids going pro, you’ve got a great degree. They're talking about wiping out $1.8 trillion in student loan debt when there's more kids go to school for free on their college scholarship. So, we just lost the argument. But I get the other side, too. Is it out of control? There's no guardrails to it right now. We just need guardrails. But we came from real-super strict guardrails to no guardrails right off the bat, and we have to put guardrails around it.”

Comment: Finally, a voice of reason. Del Conte is not overreacting. He is being realistic. The NCAA could establish guardrails. Technically, the NCAA had guardrails for years and athletes were getting paid under the table. I am not upset to see schools that have cheated for years get legally outbid for players. Nevertheless, Del Conte did not say anything wrong. Del Conte was more level-headed than anyone else.

Most coaches spent their entire careers putting themselves and their program ahead of the players.

However, they cannot do that anymore.

Cry me a river.

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Sports On A Dime

1. That was one hell of a comeback on Saturday. Props to the baseball team.


2. I checked in with my sources this week and was told Texas quarterback Quinn Ewers continues to kill it this offseason. One source described Ewers as “shredded” after seeing him recently and said the quarterback has a six-pack. In addition, Ewers currently weighs 210 pounds (he was listed at 204 during the spring game). Everyone I have spoken to behind the scenes has praised the quarterback’s commitment toward improvement this offseason. The six-pack means Ewers is eating right and working out consistently. When the season begins, nobody can say Ewers was not dedicated during the offseason.

3. My sources indicated Cam Williams continues to impress everyone inside the building. That should not come as a surprise to any Longhorn observers because Williams excelled during spring football practices and emerged as a player who will receive playing time this season. However, I was told Neto Umeozulu has played well at the guard position, too. The staff is excited about Williams and Umeozulu as interior offensive linemen during summer workouts.

4. Lastly, I was told AD Mitchell is a “baller” and people inside the building believe he is destined to have a major impact this season, while tight end Ja’Tavion Sanders is one of the leaders players are looking up to this offseason.

5. ICYMI



6. I promoted this camp last week without knowing all proceeds from the camp are going to the American Heart Foundation. Armed with that knowledge, I am going to suggest you support former Longhorn Peter Mpagi’s camp or recommend it to friends who could have their child attend.


7. The reason why Rod Babers is great at his job is because of his original research. Most sports radio hosts read headlines, never do their own reporting, lack research skills, and rely on callers to drive the show. Babers is the opposite, which is why few people within sports radio can match his skill level.


8. It does not make sense why the SEC would promise anything to Texas A&M. What is Texas A&M’s response if the rivalry renews in Austin instead of College Station? Is Texas A&M going to pack its bags and leave the SEC? Heck, considering Texas A&M allegedly leaked the news of Texas joining the SEC in an attempt to sabotage UT, the Aggies should not have any leverage.


9. I may only have a surface knowledge of professional soccer but anybody can see Manchester City has one hell of a team.


10. Yeah, I am throwing away every basketball in my house. My boys need to focus on soccer.



Mini-milestone

Please wish my youngest son, Titan, a happy 5th birthday (a recent Lonestar Soccer Club camp MVP).

Sometimes the best blessing in life is unexpected.
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