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You're listening to the Back 
Home Network presented by Home 

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Field Apparel. 
Welcome back to Crimson Cast, 

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Galen Clavier joining you. 
It is May 30th, Thursday. 

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As we get ready to wrap this 
month up. 

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Kind of hard to believe 
Beautiful down here though. 

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In Bloomington about 70° today 
and looking forward to some fun 

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times this summer. 
Great event last night for all. 

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From all accounts at at Huber's 
as IU turning one of their big 

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athletic doning or donating 
events into a full blown NIL 

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event, that's smart, especially 
with what we're going to be 

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talking about today. 
That's the way things are going.

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So some of you got a chance to 
go to that. 

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And I did not. 
Unfortunately, I was actually at

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an award ceremony. 
I use sports media, was up for 

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an award for best live event 
production of the Indiana Purdue

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women's basketball game actually
from earlier this year. 

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Didn't win, but honored to be 
nominated. 

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And certainly everybody 
involved, I think, was very 

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proud of the fact that the work 
has been recognized. 

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So anyway, hope that those of 
you who are at the Huber's event

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really had a great time and 
looking forward to some other 

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NIL events throughout the course
of the year. 

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Or at least. 
The course of the summer as we 

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wrap up for fall. 
Some great quotes, especially 

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from Coach Sig. 
If you haven't had a chance to 

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go check those out. 
We we've landed the guy who not 

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only seems to know how to coach 
football, but is is really good 

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with comedic timing. 
I'm enjoying everything that I'm

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seeing out of him so far. 
So we're going to talk today. 

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I'm doing a multi part episode 
where we talk through everything

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that's going on with this NCAA 
settlement, the house 

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settlement, as there's a ton. 
To cover, there's a ton of 

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things and. 
I've gotten a lot of questions 

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from those of you out there 
about like what the heck's going

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on? 
What should we be thinking 

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about? 
What does this mean? 

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Does college athletics ending as
we know it? 

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So I'm going to try to tackle 
all this. 

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I'm not going to do it all at 
once. 

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I'm going to try to tackle it in
bite sized chunks. 

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This will be up on our YouTube 
channel. 

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If you're not subscribed to 
that, go to the back home 

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network. 
Just search back home network on

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YouTube. 
You'll find it. 

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Join that community. 
You'll get visuals, although, 

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you know, a lot of it's just me 
talking into a, a camera, which 

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some of you like, but I 
sometimes I'll also pop some 

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articles up and things like that
so you can see what's going on 

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and where I'm drawing some of my
materials from. 

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But you can also, of course, 
listen on Spotify, on Apple 

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Podcasts and, and whatnot. 
So we're going to have multiple 

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episodes of this. 
I'll have another episode 

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dropping beginning of next week.
Plan is to have Ben Portnoy from

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Sports Business Journal, IU alum
on at some point next week as 

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well to talk through some of 
these items. 

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Ben's right there on the ground.
He's actually down at SEC 

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conference meetings right now 
kind of getting some more 

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information. 
But before we jump in, just a 

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reminder folks that we are 
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get just a variety of things. 
Sometimes it's IU apparel, which

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we all like. 
Sometimes it's fun stuff. 

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They've got a huge fun 
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It's the crazy mascot collection
and it it's starting with the UC

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Santa Cruz Banana Slugs and 
going all the way through a 

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variety of different schools of 
Pepperdine waves. 

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I mean, there's going to be some
tremendous apparel that comes 

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out of this. 
I can't wait to see what the 

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designers at Home Field have 
been able to come up with and, 

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and what retro logos they've 
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You can sign up for their 

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And you know, a lot of that ends

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up being, you know, ways to get 
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There's actually a contest going
on on Instagram right now where 

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if you, if you share their post 
and you tag some people, you 

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could get the entire, I think 
not the entire collection, but 

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like you can get elements of the
collection. 

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It's it's a pretty awesome deal.
Also, they have a subscription 

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box that you can sign up for 
seven weeks of of these schools.

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So it's it's UC Santa Cruz, 
Pepperdine, the Delta State 

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fighting Okra, the Evergreen 
State College, Geo Ducks, the 

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North Florida Osprey is always a
favorite of mine, the NAU 

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Lumberjacks and then the UTSA 
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And then anytime you want to go 

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use the code home 23 and get 15%

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off your first order. 
So go check that out. 

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Also, just a reminder, in 
addition to the YouTube channel,

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we are on Sub Stack. 
Go check us out Crimson Cast at 

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00:05:05,800 --> 00:05:08,480
substack.com. 
It's free to sign up, get 

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00:05:08,480 --> 00:05:10,360
podcast delivered right to your 
inbox. 

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We've also got some VIP videos. 
I'll have one of those coming up

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00:05:13,160 --> 00:05:17,080
later this week. 
So keep an eye on that and we'd 

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love to have you as part of the 
community. 

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Over 900 people already on the 
Crimson Cast Sub Stack. 

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So please, B9 O1, we'd love to 
have you. 

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All right, let's jump into it. 
I think what we're going to do, 

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I want to start off with a 
little bit of an overview of 

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what we're talking about with 
this house settlement. 

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I think most of you have for the
most part kept track of of 

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what's going on here, but 
essentially just to give you a 

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Cliff Notes version and catch 
you up on things. 

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What's going to? 
Happen and this has been voted 

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on and agreed to by not just the
NCAA council, but also the 

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conferences involved. 
And that's an important thing. 

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There's going to be a $2.8 
billion settlement back damages 

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to former athletes as well as a 
revenue sharing model for 

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athletes in the future based 
around name, image and likeness.

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And there's a lot of elements to
this that are optimistic, I 

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think would be the best way that
I would put it on the part of 

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college sports leaders. 
And so I think it's important 

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that we view the terms of the 
settlement in terms of moving 

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forward with some skepticism. 
And I will try to go over the 

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course of the next few episodes,
dig into exactly why I feel that

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way. 
But just to give you kind of a a

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reset on what happened with this
entire case. 

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And in case you're not familiar 
with how all this got to be. 

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So back in 2020, there was a 
former Arizona State swimmer 

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named Grant House. 
Who joined together with some 

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other former players, including 
Sedona Prince, who played 

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basketball for Oregon, Dwayne 
Carter, who played football at 

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Duke. 
There were a couple of other 

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folks, NIA Harrison, who played 
Sanford soccer at Stanford. 

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They sued the NCAA and 
essentially said, you know, the 

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NCAA suddenly started allowing 
NIL payments to athletes in 

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2021. 
We've talked about that 

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extensively on this show. 
And so these athletes were like,

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well, wait a minute, we just 
graduated or we're just getting 

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ready to graduate. 
We haven't been allowed to take 

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advantage of this. 
And so they essentially sued the

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NCAA for back damages, saying, 
well. 

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This was a core tenet of your 
rules. 

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You claimed that we couldn't 
earn money off of this and we 

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would lose eligibility if we 
did. 

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Now you're just telling people, 
yeah, it's fine, go ahead, earn 

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money off of it, no big deal. 
That's not fair. 

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So they sue. 
And they, they're, they're not 

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winning per SE, but they're 
winning in as much as the NCAA 

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has been so afraid, not just of 
the $2.8 billion in claimed 

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damages, but in the reality that
they could have, those could 

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have been trouble damages, which
of course, in, in these kinds of

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cases is a possibility where you
can actually get three times the

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amount that you're suing for in,
in, in trouble damages. 

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And so that's why you're seeing 
this settlement is because the 

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NCAA, if they had had that 
situation transpire, might have 

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just ceased to exist as an 
organization. 

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And a lot of people have said, 
well, why didn't they just put 

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the NCAA out of its misery? 
And I think it's, you know, this

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is one of the key points I want 
to start with. 

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The whole reason that there's a 
settlement to begin with is 

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because, A, the NCAA and its 
member institutions want to try 

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to maintain some semblance of 
their current system. 

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But B, athletes, despite what 
you might think, don't really 

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want to destroy the NCAA or 
destroy college athletics 

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because that's where the money 
is coming from. 

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So, you know, it's, it's kind of
like, you know, if someone owes 

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you a ton of money and then they
declare bankruptcy, well, you're

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not getting any of that money 
back. 

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So you've kind of played 
yourself at that point. 

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If you force that business out 
of business and into bankruptcy 

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because you're going to get 
pennies, if at all, on what your

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original amount was that you 
were looking for, that you felt 

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like you needed. 
So so you get this lawsuit. 

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And actually we had a good 
question from Robbie Malkinson 

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that I'll start with here. 
Robbie asked, you know, why was 

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it that the cut off mark was 
2016 for the former players who 

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deserve payback or payoff of 
revenue sharing rather than 

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going further back? 
And I believe the answer to that

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is that, you know, because the 
lawsuits were filed in 2021 ish 

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2020 regarding this, what they 
did was they basically took all 

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the athletes that were involved 
in the lawsuit based upon the 

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timetable where NIL was suddenly
allowed. 

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And they said, well, you know, 
nobody who was an athlete in 

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college that completed their 
eligibility at a point where NIL

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was not on the table can really 
make a claim to being, you know,

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aggrieved or having been kept 
from money. 

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That might have been something 
that they were entitled to, 

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which I think is dubious in and 
of itself. 

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But essentially they said, you 
know, if you started school in 

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2016 and you were to graduate, 
your eligibility ran out in 2020

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or 2021. 
You have a, you have a beef 

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here. 
You have a complaint that you 

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were deprived the opportunity to
make money. 

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So they started it there 
essentially saying if you, if 

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you, if you were a freshman in 
2016 or later, you were deprived

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of potentially having an IL as 
part of your financial 

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incentivization at the 
collegiate level. 

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But before that, it was like 
essentially too early. 

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So that's why it's it's really 
it really has to do with when 

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the NCAA said this is something 
that we're allowing and then 

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they backdated it based upon who
might have been eligible for it 

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in terms of what their current 
eligibility was at that point in

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time. 
That isn't to say that athletes 

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prior to 2016 shouldn't, you 
know, be able, I think to say, 

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wait, we really should have been
given this consideration. 

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But then essentially there's no 
cut off. 

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And so I think that that's why 
this cut off was was 

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acknowledged. 
And I think from a court 

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perspective, they're probably 
not comfortable with saying, 

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well, you know, this wasn't even
a possibility if you graduated 

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in say 2019, but we still should
consider you. 

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I don't think they wanted to go 
that direction. 

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So that's why that was set up 
the way that it was the 

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settlement. 
As it's, as it's currently been 

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laid out, it's a $2.8 billion 
payment that has to be paid out 

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over the course of ten years. 
So, you know, roughly two $280 

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million a year and what they're 
going to do, the way that this 

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payment works out is the NCAA is
using a reserve fund, which is, 

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you know, from the profits the 
NCAA earns, which the fact that 

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the NCAA earns profits is an 
interesting problem in and of 

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itself, but we could talk about 
that at another time. 

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But that's going to pay for 40% 
of the 2.8 billion. 

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00:11:50,440 --> 00:11:53,360
And so the NCAA is basically 
taking the extra money that 

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they've earned off of what is 
primarily the NCAA men's 

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basketball tournament television
contract money, and they're 

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applying that to pay 40% of this
2.8 billion. 

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00:12:02,920 --> 00:12:07,960
So, you know, about 1.41 point 5
or 1.3 billion, somewhere in 

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that range will come from that. 
I guess it'd be closer to 1.2 

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00:12:11,480 --> 00:12:13,080
billion, whatever. 
I can't do math. 

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00:12:14,320 --> 00:12:17,600
The other 60% of this payout is 
actually coming from the 

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00:12:17,600 --> 00:12:20,640
conferences. 
Now this is I think an 

225
00:12:20,640 --> 00:12:23,960
interesting one in terms of how 
this all sets up and there was 

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00:12:23,960 --> 00:12:26,440
some confusion and some 
argumentation about this. 

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00:12:27,160 --> 00:12:30,280
The power conference schools 
which are which right now is the

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00:12:30,280 --> 00:12:34,160
schools that have belonged in 
the last few years to the ACCSEC

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00:12:34,160 --> 00:12:40,640
Big 10, Big 12 and PAC 12 are 
paying 40% of the remain of of 

230
00:12:40,640 --> 00:12:44,280
the remainder of the amount of 
money which means like for. 

231
00:12:44,680 --> 00:12:47,960
A school like Indiana, you're 
going to probably be paying 

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00:12:47,960 --> 00:12:51,520
somewhere between 1:00 to 
$2,000,000 per year for the next

233
00:12:51,520 --> 00:12:53,680
decade. 
That will go specifically to 

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00:12:53,680 --> 00:13:01,800
paying down this settlement. 
That's also going to impact the 

235
00:13:01,800 --> 00:13:04,040
amount of money that the 
conferences are earning off of 

236
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the NCAA March Madness 
tournament revenues. 

237
00:13:08,480 --> 00:13:11,120
So you know the way that that 
works. 

238
00:13:11,120 --> 00:13:14,360
That's a complicated system, but
essentially conferences get paid

239
00:13:14,360 --> 00:13:17,480
based upon the number of units 
that their teams generate in the

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00:13:17,480 --> 00:13:19,640
tournament. 
A unit is every round that 

241
00:13:19,640 --> 00:13:21,720
you're in. 
So if you've got five teams in 

242
00:13:21,720 --> 00:13:24,160
the first round of the 
tournament, you get 5 units. 

243
00:13:24,360 --> 00:13:26,800
If you've got three teams in the
second round of the tournament, 

244
00:13:26,800 --> 00:13:29,160
you get three additional units, 
which is why it's always good to

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00:13:29,160 --> 00:13:31,200
have your teams advancing in the
NCAA tournament. 

246
00:13:31,200 --> 00:13:33,840
So money's coming out of that as
well then? 

247
00:13:35,080 --> 00:13:37,240
The. 
You know, that money is coming 

248
00:13:37,720 --> 00:13:41,480
at least in part by the other 
schools that are in Division 

249
00:13:41,480 --> 00:13:44,520
One. 
So you're talking about the 

250
00:13:44,520 --> 00:13:48,160
Group of Five, which is, you 
know, like Ball State or 

251
00:13:48,160 --> 00:13:51,720
Appalachian State or East 
Carolina and then non FBS 

252
00:13:51,720 --> 00:13:53,560
schools. 
So basically schools that don't 

253
00:13:53,560 --> 00:13:56,960
have football, Xavier, 
Georgetown, that technically 

254
00:13:56,960 --> 00:13:58,800
Georgetown does have football 
there. 

255
00:13:58,840 --> 00:14:02,440
There's other schools like that 
that don't have football, but 

256
00:14:02,440 --> 00:14:04,800
are, you know, like there's a 
lot of teams in the Big East 

257
00:14:04,800 --> 00:14:06,120
that would fall into that 
category. 

258
00:14:06,560 --> 00:14:08,120
So. 
What you're dealing with is a 

259
00:14:08,120 --> 00:14:11,440
little bit of disproportionality
in that even though a lot of 

260
00:14:11,440 --> 00:14:14,280
this money is going to end up 
going to football and basketball

261
00:14:14,280 --> 00:14:20,240
players, realistically speaking.
A lot of the money in terms of 

262
00:14:20,240 --> 00:14:22,360
what's going to the settlement 
is going to be coming from 

263
00:14:22,560 --> 00:14:25,320
conferences that don't make that
much money compared to the Power

264
00:14:25,320 --> 00:14:27,920
5. 
So this is an interesting 

265
00:14:27,920 --> 00:14:29,760
aspect. 
And, you know, there's an 

266
00:14:29,760 --> 00:14:31,920
interesting element to this. 
And this is actually a question 

267
00:14:31,920 --> 00:14:35,320
asked by Pitt Hoosier. 
Pitt Hoosier asks. 

268
00:14:35,800 --> 00:14:38,840
The NCAA makes billions from the
NCAA basketball tournament. 

269
00:14:39,560 --> 00:14:42,400
If the NCAA goes away and 
conferences capture March 

270
00:14:42,400 --> 00:14:44,440
Madness money, does that 
rebalance the importance of 

271
00:14:44,440 --> 00:14:46,480
basketball schools and future 
realignment? 

272
00:14:46,480 --> 00:14:49,680
So let me back up there for a 
second and and just say this. 

273
00:14:50,480 --> 00:14:53,040
There was an interesting article
by Dan Wetzel, which I would 

274
00:14:53,040 --> 00:14:57,240
recommend everybody check out. 
And this was from basically 

275
00:14:57,240 --> 00:14:59,560
about eight days ago. 
In fact, I'm going to share it 

276
00:14:59,560 --> 00:15:03,320
here on the screen. 
For those of you who are 

277
00:15:03,520 --> 00:15:06,120
watching. 
On YouTube. 

278
00:15:06,400 --> 00:15:13,760
So the the way that this sets up
essentially is as follows when 

279
00:15:14,040 --> 00:15:19,400
when you're looking at the way 
in which you know these things 

280
00:15:19,520 --> 00:15:21,480
meter out. 
One of the big questions for a 

281
00:15:21,480 --> 00:15:27,680
while has been how and what 
happens to the NCAA S March 

282
00:15:27,680 --> 00:15:30,200
Madness tournament if the NCAA 
goes away. 

283
00:15:30,200 --> 00:15:33,120
There's been a lot of talk about
the power conferences saying, 

284
00:15:33,360 --> 00:15:36,960
well, gosh, we think we should 
have that money as opposed to it

285
00:15:36,960 --> 00:15:39,320
being distributed to the entire 
NCAA membership. 

286
00:15:39,320 --> 00:15:41,240
A lot of people have been 
worried that the power 

287
00:15:41,240 --> 00:15:44,240
conferences will just kill off 
what we know is March Madness 

288
00:15:44,240 --> 00:15:47,280
and create something that is 
just within their own universe 

289
00:15:47,280 --> 00:15:49,440
of teams. 
Wetzel makes an interesting 

290
00:15:49,440 --> 00:15:54,360
point which I'm going to, I'm 
going to zoom into here, which 

291
00:15:54,360 --> 00:15:58,640
is essentially the big schools 
and big conferences have about 

292
00:15:58,640 --> 00:16:02,240
2.1 billion reasons to stay put 
and keep both the NCAA and the 

293
00:16:02,240 --> 00:16:05,160
other 27 Division One 
conferences alive and viable. 

294
00:16:05,600 --> 00:16:09,920
Because you know, the NCAA is 
picking up 1.1 billion of the 

295
00:16:09,920 --> 00:16:13,240
tab. 
And then of the remaining 1.65 

296
00:16:13,240 --> 00:16:17,160
billion, the Power 5 conferences
have to pay 664,000,000. 

297
00:16:17,440 --> 00:16:21,120
The remaining 27 leagues will 
cover 990,000,000. 

298
00:16:21,400 --> 00:16:24,840
And So what you're ending up 
with is a situation that even 

299
00:16:24,840 --> 00:16:27,760
though 85% of the settlement of 
money goes to football players, 

300
00:16:28,280 --> 00:16:32,280
you'll have schools that are 
essentially not football schools

301
00:16:32,320 --> 00:16:35,200
helping to pay into that. 
But what that might end up doing

302
00:16:35,200 --> 00:16:38,080
is essentially saying, well, for
the next 10 years, the power 

303
00:16:38,080 --> 00:16:42,840
conferences have no impetus. 
To get rid of the NCAA as an 

304
00:16:42,840 --> 00:16:46,160
organizing entity, they have no 
impetus to try to kill off the 

305
00:16:46,160 --> 00:16:49,720
smaller leagues or have them 
drop out of the NCAA because. 

306
00:16:50,480 --> 00:16:52,680
As long as they're alive, 
they're going to be paying 

307
00:16:52,680 --> 00:16:55,160
elements of that settlement and 
that means that's money that's 

308
00:16:55,160 --> 00:16:59,240
not coming out of the power 
conference teams or conferences 

309
00:16:59,240 --> 00:17:02,520
and so that. 
Is essentially, I think it's an 

310
00:17:02,520 --> 00:17:06,280
interesting idea because I think
ultimately what it means is the 

311
00:17:06,280 --> 00:17:09,240
NCAA tournament is probably 
going to be just fine the way 

312
00:17:09,240 --> 00:17:12,160
that it is. 
It might, however, mean that you

313
00:17:12,160 --> 00:17:15,960
get a few more teams in the NCAA
because as that. 

314
00:17:16,200 --> 00:17:20,119
Contract gets looked at, and 
since we're looking at 10 years 

315
00:17:20,119 --> 00:17:24,160
from I think next year you're 
talking about 20342035. 

316
00:17:24,400 --> 00:17:27,480
The NCAA, when they renegotiate,
may want to add some teams to 

317
00:17:27,480 --> 00:17:31,200
the NCAA tournament to generate 
additional revenue, since more 

318
00:17:31,200 --> 00:17:34,640
teams means more games and more 
games means more inventory. 

319
00:17:35,160 --> 00:17:37,560
So this is. 
How the financial structures of 

320
00:17:37,560 --> 00:17:40,320
this are working out now to to 
Pitt Hoosier's question about 

321
00:17:40,680 --> 00:17:43,240
does that rebalance the 
important of basketball and 

322
00:17:43,240 --> 00:17:45,240
basketball schools and future 
realignment. 

323
00:17:45,600 --> 00:17:49,280
It probably doesn't in terms of 
the individual conferences. 

324
00:17:50,120 --> 00:17:52,200
And I think, you know, one of 
the big things to keep in mind 

325
00:17:52,200 --> 00:17:55,520
and we'll get to this as we get 
into the next aspect of this 

326
00:17:55,520 --> 00:17:59,360
settlement. 
Is ultimately the best 

327
00:17:59,360 --> 00:18:02,320
basketball only schools or the 
best schools where it's, you 

328
00:18:02,320 --> 00:18:05,440
know, where there's no football,
just don't make nearly enough 

329
00:18:05,440 --> 00:18:10,600
revenue to make it worth the 
while of the conferences that 

330
00:18:10,600 --> 00:18:13,680
are comprised of football 
playing schools to allow them 

331
00:18:13,680 --> 00:18:15,760
in. 
Part of it is the amount of 

332
00:18:15,760 --> 00:18:17,800
money you just make off of 
football straight up, but part 

333
00:18:17,800 --> 00:18:20,960
of it is, you know, you need 
extra inventory for television. 

334
00:18:20,960 --> 00:18:23,240
I know you you're all going to 
probably by the time I get done 

335
00:18:23,240 --> 00:18:27,360
with these podcasts hate, but I 
keep talking about inventory and

336
00:18:27,520 --> 00:18:29,000
all of that. 
You're like, what about what 

337
00:18:29,000 --> 00:18:30,760
about the games? 
What about the pageantry? 

338
00:18:30,760 --> 00:18:34,160
I understand all of that, but 
what I what I'm, what I want to 

339
00:18:34,200 --> 00:18:36,880
get across to you is you have to
look at this stuff in dollars 

340
00:18:36,880 --> 00:18:42,240
and cents and what is valuable. 
And ultimately, football drives 

341
00:18:42,240 --> 00:18:45,720
so much in terms of advertising 
revenue, in terms of ticket 

342
00:18:45,720 --> 00:18:49,520
sales, in terms of attention, in
terms of, you know, what draws 

343
00:18:49,520 --> 00:18:52,280
eyeballs to television. 
And that is the game right now. 

344
00:18:52,680 --> 00:18:55,280
You know, basketball is 
certainly not unpopular. 

345
00:18:55,280 --> 00:18:58,280
And when you get something like 
March Madness, it does draw, you

346
00:18:58,280 --> 00:19:00,400
know, draws advertisers, it 
draws ratings. 

347
00:19:00,760 --> 00:19:04,320
But, you know, most college 
basketball games independently 

348
00:19:04,320 --> 00:19:06,720
just don't draw that much in 
terms of ratings. 

349
00:19:07,120 --> 00:19:09,440
And you see that across the 
board. 

350
00:19:09,440 --> 00:19:11,240
It's not something limited to 
college basketball. 

351
00:19:11,280 --> 00:19:13,800
I mean, college, you know, 
women's college basketball has 

352
00:19:13,800 --> 00:19:16,080
the same thing. 
The WNBA has the same thing. 

353
00:19:16,080 --> 00:19:19,840
Even NBA games, outside of 
really important playoff games, 

354
00:19:19,840 --> 00:19:23,320
don't really get anywhere close 
to their football counterparts. 

355
00:19:23,320 --> 00:19:26,480
And so I don't think that I 
think that the the football 

356
00:19:26,480 --> 00:19:29,240
schools that play basketball 
will continue to be important 

357
00:19:29,240 --> 00:19:31,920
because they do draw ratings. 
Indiana is a good example of a 

358
00:19:31,920 --> 00:19:33,520
school that falls into that 
category. 

359
00:19:33,880 --> 00:19:36,320
But if you're not playing 
football and you're not 

360
00:19:36,320 --> 00:19:38,960
competitive in football, I'm not
sure how much you're going to 

361
00:19:38,960 --> 00:19:40,320
matter in terms of the big 
scheme of. 

362
00:19:40,320 --> 00:19:42,720
Things moving forward. 
So these are some things to keep

363
00:19:42,720 --> 00:19:45,000
in mind as far as all that's 
concerned. 

364
00:19:47,160 --> 00:19:50,200
So let's talk about the rest of 
this settlement and, and where 

365
00:19:50,200 --> 00:19:53,240
it goes. 
So let me share my screen with 

366
00:19:53,240 --> 00:19:57,800
you once again because I think 
that this is worth checking out 

367
00:19:58,240 --> 00:20:01,800
if you look at this article. 
So that this future revenue 

368
00:20:01,800 --> 00:20:06,080
sharing structure, this proposal
that's been voted on and agreed 

369
00:20:06,080 --> 00:20:11,040
to by the conferences and by the
NCAA, creates a spending cap of 

370
00:20:11,040 --> 00:20:14,640
roughly no more than $22 million
annually for each university, 

371
00:20:15,040 --> 00:20:18,120
which is similar to salary caps 
used by professional leagues. 

372
00:20:18,720 --> 00:20:23,720
The 22% figure represents the 
That's 22% of their 22 million. 

373
00:20:24,040 --> 00:20:27,600
22% of that is the average 
meteorites ticket sales and 

374
00:20:27,600 --> 00:20:29,960
sponsorship revenue of each 
power conference school. 

375
00:20:29,960 --> 00:20:32,960
So the average power conference 
school generates about $100 

376
00:20:32,960 --> 00:20:34,880
million in annual revenue 
stream. 

377
00:20:34,880 --> 00:20:38,520
So they basically said, let's 
take 22% of that, that will be 

378
00:20:38,520 --> 00:20:44,440
the cap that a school can pay in
terms of of NIL. 

379
00:20:44,920 --> 00:20:47,800
And what's going to be 
interesting with all of this, 

380
00:20:47,800 --> 00:20:50,520
obviously, and, and there's a 
lot more details here. 

381
00:20:50,520 --> 00:20:52,840
I'm just kind of skimming over 
the basics in this episode. 

382
00:20:53,080 --> 00:20:55,040
What's going to be interesting 
in all of that is a. 

383
00:20:56,440 --> 00:20:59,360
You know. 
Will that rise or fall as more 

384
00:20:59,360 --> 00:21:02,000
revenue is generated? 
The answer is probably yes. 

385
00:21:02,960 --> 00:21:06,800
The other thing, though, is, you
know, that's a cap on what 

386
00:21:06,800 --> 00:21:08,840
schools are going to be able to 
directly pay. 

387
00:21:08,840 --> 00:21:12,000
And that's the other big wrinkle
here is that up to this point, 

388
00:21:12,280 --> 00:21:15,200
the NCAA and its member schools 
have tried to pursue this 

389
00:21:15,200 --> 00:21:19,320
approach, that the only money 
that can come in for NIL has to 

390
00:21:19,320 --> 00:21:21,240
be from outside sources. 
And the. 

391
00:21:21,240 --> 00:21:25,520
Idea was that we want to limit 
this to independent businesses 

392
00:21:25,840 --> 00:21:29,360
communicating and and striking 
deals with individual athletes. 

393
00:21:29,760 --> 00:21:33,040
What's happened in reality is 
you've had these NIL collectives

394
00:21:33,040 --> 00:21:35,840
pop up all over the country, 
many of whom are working 

395
00:21:35,840 --> 00:21:37,640
directly with the athletic 
departments. 

396
00:21:37,880 --> 00:21:41,600
And so it's essentially like a 
separate third party, but it's 

397
00:21:41,600 --> 00:21:44,560
operating specifically within 
the interests of coaches and 

398
00:21:44,560 --> 00:21:49,600
within the interests of athletic
directors, which while you know 

399
00:21:49,600 --> 00:21:54,600
by the letter that works with 
what the NCAA said you could do,

400
00:21:55,000 --> 00:21:58,760
the spirit of it is certainly 
not what the NCAA intended. 

401
00:21:59,080 --> 00:22:03,160
What this settlement is doing is
essentially it's removing most 

402
00:22:03,280 --> 00:22:08,120
of the hypocrisy and the the 
lack of consistency within that 

403
00:22:08,120 --> 00:22:12,560
arrangement to now schools are 
going to be able to directly pay

404
00:22:12,560 --> 00:22:16,400
athletes. 
And I think to some degree the 

405
00:22:16,400 --> 00:22:18,880
idea is that they're going to 
bring their NIL operations in 

406
00:22:18,880 --> 00:22:21,760
house, but maybe not. 
And, and, you know, I think the 

407
00:22:21,760 --> 00:22:25,480
idea was, OK, we want to get 
these NIL collectives under 

408
00:22:25,640 --> 00:22:28,200
control has been the argument 
from a lot of people in the 

409
00:22:28,200 --> 00:22:32,040
NCAA. 
But there's really no way for 

410
00:22:32,040 --> 00:22:37,000
the NCAA to police what 
collectives do down the line. 

411
00:22:37,360 --> 00:22:39,960
And what's going to be 
interesting is this $22 million 

412
00:22:39,960 --> 00:22:42,400
figure, A, there's going to be 
several universities. 

413
00:22:42,720 --> 00:22:44,760
They're going to be like, we're 
not going to pay all of that. 

414
00:22:45,320 --> 00:22:47,320
You know, we're only going to 
pay a proportion of it. 

415
00:22:47,600 --> 00:22:49,800
For some of the smaller schools.
It's it's probably an 

416
00:22:49,800 --> 00:22:52,360
impossibility because, you know,
we mentioned that that $100 

417
00:22:52,360 --> 00:22:56,080
million figure per school is the
average, which means there's at 

418
00:22:56,080 --> 00:23:00,320
least, you know, close to 50% of
schools are earning under the 

419
00:23:00,320 --> 00:23:02,800
average and it's probably more 
like 60 or 70%. 

420
00:23:03,160 --> 00:23:05,200
This is where your statistics 
things. 

421
00:23:05,520 --> 00:23:08,080
Your statistics ideas come in 
handy if you understand the 

422
00:23:08,080 --> 00:23:10,000
difference between mean and 
median. 

423
00:23:10,560 --> 00:23:11,800
Excuse. 
Me, yeah, that's right. 

424
00:23:11,800 --> 00:23:13,600
Mean and median. 
Took me a second to remember it 

425
00:23:13,600 --> 00:23:17,840
as well. 
You know, high numbers skew from

426
00:23:17,840 --> 00:23:21,440
a revenue perspective. 
The amount of money Texas, Ohio 

427
00:23:21,440 --> 00:23:25,920
State, Michigan bring in is 
going to skew your average way 

428
00:23:25,920 --> 00:23:29,120
high compared to what like a Max
school brings in or a Conference

429
00:23:29,120 --> 00:23:31,160
USA school. 
So you're going to have a lot of

430
00:23:31,160 --> 00:23:36,080
schools within the top level of 
college sports that aren't going

431
00:23:36,080 --> 00:23:37,320
to. 
Pay the full 22 million, but 

432
00:23:37,320 --> 00:23:38,320
you're going to have a lot of 
schools. 

433
00:23:38,400 --> 00:23:39,760
They're not. 
They're going to look at that 22

434
00:23:39,760 --> 00:23:41,320
million is like that's the 
floor. 

435
00:23:41,600 --> 00:23:43,640
Like, of course we're going to 
pay the full 22 million. 

436
00:23:44,120 --> 00:23:45,800
And we're still. 
Going to use our collective 

437
00:23:45,800 --> 00:23:51,240
money from outside to bolster 
that and this is probably the 

438
00:23:51,280 --> 00:23:56,440
the biggest wrinkle that I would
anticipate is going to create 

439
00:23:56,440 --> 00:23:57,960
problems down the line like 
this. 

440
00:23:57,960 --> 00:24:02,560
I this, the more I look at this 
settlement, the idea that 

441
00:24:03,560 --> 00:24:07,040
schools are going to be 
satisfied without some kind of 

442
00:24:07,040 --> 00:24:11,680
binding top end limit that they 
cannot exceed, the idea that 

443
00:24:11,680 --> 00:24:13,720
schools are going to be 
satisfied with being like, well,

444
00:24:13,720 --> 00:24:15,920
we got to stop here because the 
NCAA says we do. 

445
00:24:15,920 --> 00:24:17,600
They will find a way around 
that. 

446
00:24:18,000 --> 00:24:20,800
And so that's going to be a 
really fascinating thing to 

447
00:24:20,800 --> 00:24:24,840
watch as as we see this whole 
thing develop because ultimately

448
00:24:25,800 --> 00:24:28,560
if we've if we figured anything 
out and I think this the the way

449
00:24:28,560 --> 00:24:32,000
the collectives exploded after 
the 2021 change. 

450
00:24:32,280 --> 00:24:34,400
By the NCAA to allow name, image
and likeness. 

451
00:24:34,400 --> 00:24:37,480
If that has demonstrated 
anything to us over time, it's 

452
00:24:37,480 --> 00:24:39,120
that. 
Schools will press every single 

453
00:24:39,120 --> 00:24:42,040
advantage they can if they think
that it means that they're going

454
00:24:42,040 --> 00:24:44,520
to get an advantage in terms of 
procuring players. 

455
00:24:45,040 --> 00:24:47,640
When that's been the case for 
decades, you know this is. 

456
00:24:47,920 --> 00:24:50,800
Where a lot. 
Of the foolishness around Should

457
00:24:50,800 --> 00:24:52,680
we pay athletes or not? 
It's like athletes have been 

458
00:24:52,680 --> 00:24:55,560
getting paid for decades, many 
of them under the table. 

459
00:24:55,560 --> 00:24:58,680
Not by every school, but by most
competitive schools. 

460
00:25:00,320 --> 00:25:04,240
And so the idea that, oh, we're 
going to put this this limit out

461
00:25:04,240 --> 00:25:06,560
there and nobody's going to 
exceed it. 

462
00:25:07,000 --> 00:25:09,640
It that sounds fanciful to me. 
I don't think that that's 

463
00:25:09,640 --> 00:25:11,480
actually what's going to happen.
So we'll have to see what 

464
00:25:11,480 --> 00:25:14,680
happens with all of that. 
But that will be one of the big 

465
00:25:15,600 --> 00:25:18,200
trip wires on all of this as we 
move forward. 

466
00:25:18,200 --> 00:25:20,960
I'm going to delve into that a 
lot more as we get further into 

467
00:25:20,960 --> 00:25:25,040
this podcast series. 
The other two things that I 

468
00:25:25,040 --> 00:25:29,440
think are noteworthy out of this
settlement, one of them is this 

469
00:25:29,440 --> 00:25:31,280
idea that is part of the 
settlement. 

470
00:25:31,960 --> 00:25:34,560
Athletes are still not 
considered employees. 

471
00:25:35,000 --> 00:25:39,960
And according to the settlement,
the athletes that are suing are 

472
00:25:39,960 --> 00:25:44,080
going to essentially cease 
fighting the NCAA. 

473
00:25:44,640 --> 00:25:49,000
When it comes to lobbying on the
idea that, you know, the NCAA 

474
00:25:49,040 --> 00:25:52,360
and its member schools want an 
antitrust exemption, to be able 

475
00:25:52,360 --> 00:25:56,840
to say essentially, our business
is different, we should not have

476
00:25:56,840 --> 00:25:58,960
to classify athletes as 
employees. 

477
00:25:59,920 --> 00:26:02,480
Henceforth, Congress, please 
give us an antitrust exemption 

478
00:26:02,640 --> 00:26:04,640
so that we can continue to do 
essentially what we've been 

479
00:26:04,640 --> 00:26:06,400
doing. 
Like, look, hey, we're paying 

480
00:26:06,400 --> 00:26:08,480
players now. 
That should be enough, but we 

481
00:26:08,480 --> 00:26:10,200
don't want them classified as 
employees. 

482
00:26:11,120 --> 00:26:14,080
That doesn't seem like it's 
going to bear a lot of fruit. 

483
00:26:14,080 --> 00:26:17,560
I have a real hard time right 
now, and we've been saying this 

484
00:26:17,560 --> 00:26:20,040
for three years now, I have a 
real hard time seeing Congress 

485
00:26:20,040 --> 00:26:24,080
ever giving the NCAA an 
antitrust exemption because 

486
00:26:24,080 --> 00:26:26,160
ultimately there's not really a 
good argument for it. 

487
00:26:26,480 --> 00:26:29,720
Like the the the argument from 
colleges and universities right 

488
00:26:29,720 --> 00:26:35,000
now, from best I can tell is we 
need an antitrust exemption 

489
00:26:35,120 --> 00:26:37,120
because we don't want to call 
athletes employees. 

490
00:26:37,960 --> 00:26:41,640
We're going to be paying 
athletes directly for name, 

491
00:26:41,640 --> 00:26:43,680
image and likeness. 
We're not paying them to be 

492
00:26:43,680 --> 00:26:45,840
athletes. 
We're just paying them based 

493
00:26:45,840 --> 00:26:47,480
upon their name, image and 
likeness. 

494
00:26:48,080 --> 00:26:51,400
And by the way, according to 
this settlement, the NCAA and 

495
00:26:51,400 --> 00:26:54,440
its member schools are going to 
police name, image and likeness 

496
00:26:54,440 --> 00:26:57,200
to make sure it's actually name,
image and likeness and not pay 

497
00:26:57,200 --> 00:26:59,240
for play. 
Because they seem to think that 

498
00:26:59,240 --> 00:27:01,920
there's a distinction there That
if they keep saying, well, 

499
00:27:01,920 --> 00:27:04,680
they're not being paid to be 
like for their own field or on 

500
00:27:04,680 --> 00:27:07,880
court performance, they're just 
getting paid because they're 

501
00:27:07,880 --> 00:27:11,520
popular people. 
That that is somehow a legal 

502
00:27:11,520 --> 00:27:15,440
distinction that's going to work
to justify essentially having a 

503
00:27:15,440 --> 00:27:17,880
labor structure that is unlike 
anything else in the United 

504
00:27:17,880 --> 00:27:19,320
States. 
That is, that is the 

505
00:27:19,320 --> 00:27:22,920
justification right now. 
That doesn't seem like it's 

506
00:27:22,920 --> 00:27:24,800
going to work for a couple of 
reasons. 

507
00:27:24,800 --> 00:27:29,760
First of all, I think that, you 
know, if you know anything about

508
00:27:29,760 --> 00:27:33,360
Congress, you know, Congress 
likes to take on high profile 

509
00:27:33,360 --> 00:27:34,680
things. 
They like to have committee 

510
00:27:34,680 --> 00:27:36,080
meetings. 
They let, you know, Congress 

511
00:27:36,080 --> 00:27:40,320
people like to parade up there 
and they like to, you know, say 

512
00:27:40,320 --> 00:27:42,320
nasty things into the microphone
or they like. 

513
00:27:42,320 --> 00:27:43,720
To say things that. 
Are going to be good sound 

514
00:27:43,720 --> 00:27:45,800
bites. 
So, you know, we've had what 

515
00:27:45,800 --> 00:27:48,760
three or four, it feels like 
different committee hearings 

516
00:27:48,760 --> 00:27:52,360
about, you know, saving college 
sports or we need to do XYZ for 

517
00:27:52,360 --> 00:27:55,280
college sports. 
We haven't even had a vote come 

518
00:27:55,280 --> 00:27:57,440
up yet in either House of 
Congress. 

519
00:27:57,440 --> 00:27:59,120
I don't even know if we've had a
committee vote. 

520
00:27:59,120 --> 00:28:02,760
I don't think we have about an 
actual antitrust exemption for 

521
00:28:02,760 --> 00:28:07,120
college athletics where they 
wouldn't have to pay their their

522
00:28:07,120 --> 00:28:12,280
students as as employees. 
And I don't see that changing, 

523
00:28:12,280 --> 00:28:16,360
especially in an election year. 
This is a Congress that can 

524
00:28:16,360 --> 00:28:19,600
barely agree what day of the 
week it is, let alone something 

525
00:28:19,600 --> 00:28:22,640
as complex as this where you've 
got people on either side of the

526
00:28:22,640 --> 00:28:25,280
political equation who don't 
think an antitrust exemption 

527
00:28:25,280 --> 00:28:30,320
makes a lot of sense. 
And so that whole aspect of 

528
00:28:30,320 --> 00:28:31,800
things really doesn't seem 
likely. 

529
00:28:31,800 --> 00:28:34,640
We heard Greg Sankey talk about 
this from the SEC. 

530
00:28:35,480 --> 00:28:37,480
Where? 
You know, he was like, you know,

531
00:28:37,480 --> 00:28:39,520
I'd, I'd really like to see 
Congress act. 

532
00:28:40,160 --> 00:28:42,880
And even he in his in his 
comments seem to acknowledge 

533
00:28:42,880 --> 00:28:46,160
that that was a long shot. 
So much of what the NCAA is 

534
00:28:46,160 --> 00:28:49,880
doing with this settlement is 
predicated on this idea that 

535
00:28:49,880 --> 00:28:51,600
they're going to be able to 
maintain their business 

536
00:28:51,600 --> 00:28:53,200
structure. 
And when you break their 

537
00:28:53,200 --> 00:28:56,600
business structure down, it is 
basically these are students, 

538
00:28:56,600 --> 00:29:00,280
they're not employees. 
They should come in and they 

539
00:29:00,280 --> 00:29:03,080
should play for us for free, but
we're going to let them earn 

540
00:29:03,080 --> 00:29:07,280
money is basically a side gig 
based upon being part of the 

541
00:29:07,280 --> 00:29:10,680
team. 
It it's a very convoluted thing 

542
00:29:10,720 --> 00:29:13,240
that when you break it down, 
it's like a lot of these nil 

543
00:29:13,240 --> 00:29:16,080
deals are they're entirely 
because these are players that 

544
00:29:16,080 --> 00:29:18,920
are now on your team. 
And you know, all of them. 

545
00:29:18,920 --> 00:29:23,520
The talk we heard all of these 
stories and, and things that 

546
00:29:23,520 --> 00:29:25,480
have been written over the 
course of just these last few 

547
00:29:25,480 --> 00:29:28,960
months about, you know, players 
getting a million and a half, 

548
00:29:28,960 --> 00:29:31,720
$2,000,000 in nil money. 
I mean, there's the, the, the 

549
00:29:31,720 --> 00:29:36,240
case of the case of Great 
Azabore, who is the transfer 

550
00:29:36,720 --> 00:29:41,000
from, I forget what school he 
came from, but he's going to 

551
00:29:41,000 --> 00:29:45,000
Washington University and he 
allegedly got a $2.1 million nil

552
00:29:45,480 --> 00:29:47,400
payment. 
Well, of course he's getting 

553
00:29:47,400 --> 00:29:49,400
that payment because he's going 
to play basketball at 

554
00:29:49,400 --> 00:29:52,640
Washington. 
I mean, that's, there's no other

555
00:29:52,840 --> 00:29:58,840
real factual argument about why 
he would be getting that much 

556
00:29:58,840 --> 00:30:02,160
money. 
So it's really a flimsy case. 

557
00:30:02,160 --> 00:30:05,920
And what's going to be 
fascinating is not only a, you 

558
00:30:05,920 --> 00:30:09,680
know, how much more money we we 
saw, yes, last week, I think it 

559
00:30:09,680 --> 00:30:12,320
was Amanda Kristovich from Front
Office Sports had a really 

560
00:30:12,320 --> 00:30:15,360
interesting article where she 
talked about how the NCAA and 

561
00:30:15,360 --> 00:30:18,440
its member institutions have 
spent like $15 million lobbying 

562
00:30:18,440 --> 00:30:24,680
Congress for an NIL based 
antitrust exemption, trying to 

563
00:30:24,680 --> 00:30:27,000
keep athletes from being 
classified as employees. 

564
00:30:27,000 --> 00:30:30,160
And it's like so much has been 
invested in this effort already,

565
00:30:30,360 --> 00:30:32,200
and it's not really bearing any 
fruit. 

566
00:30:32,440 --> 00:30:35,520
How much more time and money is 
the NCAA and its member 

567
00:30:35,520 --> 00:30:38,760
institutions going to invest in 
trying to get this antitrust 

568
00:30:38,760 --> 00:30:42,160
exemption before finally 
realizing that it's not going to

569
00:30:42,160 --> 00:30:44,880
happen because A, Congress is 
just not likely to act on it. 

570
00:30:44,880 --> 00:30:49,760
B, The National Labor Relations 
Board is probably going to look 

571
00:30:49,760 --> 00:30:52,000
at it and say, this is this. 
I mean, of course their 

572
00:30:52,000 --> 00:30:55,440
employees, you know, and it's 
like colleges and universities, 

573
00:30:55,520 --> 00:30:59,320
like it'd be one thing if you 
didn't have any employees on 

574
00:30:59,320 --> 00:31:01,520
your campus at all, if all 
students were just volunteers, 

575
00:31:01,520 --> 00:31:03,800
but you've got a students 
working as employees all over 

576
00:31:03,800 --> 00:31:05,320
your campuses, all over the 
country. 

577
00:31:05,320 --> 00:31:08,200
Why is this different? 
You know, so these are the kinds

578
00:31:08,200 --> 00:31:11,480
of things that are going to, I 
think suss out here. 

579
00:31:11,960 --> 00:31:15,080
But it, it, it surprises me that
the NCAA and its member 

580
00:31:15,080 --> 00:31:19,080
institutions decided that this 
was a settlement that was going 

581
00:31:19,080 --> 00:31:21,760
to lead to some kind of 
antitrust exemption. 

582
00:31:22,480 --> 00:31:24,360
It just doesn't feel like it's 
going to happen. 

583
00:31:24,360 --> 00:31:26,160
So that's going to be something 
to watch. 

584
00:31:26,160 --> 00:31:28,600
And it, it ties into some of the
things that I'll be talking 

585
00:31:28,600 --> 00:31:30,200
about on the future episodes of 
this. 

586
00:31:30,200 --> 00:31:36,120
Because if, if ever, we've had a
moment in this whole saga where 

587
00:31:36,120 --> 00:31:39,520
it was clear that the NCAA and 
its member institutions needed 

588
00:31:39,600 --> 00:31:42,840
to kind of take a step back and 
say, look, we've really got to 

589
00:31:42,840 --> 00:31:44,680
rethink how we're doing all of 
this. 

590
00:31:44,680 --> 00:31:48,000
This is the time, because the 
fact that they've now had to 

591
00:31:48,000 --> 00:31:51,120
agree to a $2.8 billion 
settlement, they're going to be 

592
00:31:51,120 --> 00:31:54,120
paying athletes for the next 10 
years moving forward minimum 

593
00:31:54,600 --> 00:32:00,480
and, and paying athletes going 
back 5-6 years that they're 

594
00:32:00,480 --> 00:32:02,240
still thinking that, you know 
what, we're going to get a 

595
00:32:02,240 --> 00:32:06,800
special exception to maintain 
our business model is the, I 

596
00:32:06,800 --> 00:32:09,920
think I will charitably call it 
the triumph of hope over 

597
00:32:09,920 --> 00:32:13,800
experience at this stage. 
The other thing, and I'm going 

598
00:32:13,800 --> 00:32:15,520
to wrap up with this, 'cause I 
want to try to keep these 

599
00:32:15,520 --> 00:32:17,200
episodes a little bit on the 
shorter side. 

600
00:32:17,200 --> 00:32:19,280
I'm going to take one more 
question after I talk about 

601
00:32:19,280 --> 00:32:22,280
this. 
The, the, the, the real question

602
00:32:22,280 --> 00:32:29,000
I have is Title 9 and, and how 
that's going to be equated. 

603
00:32:29,000 --> 00:32:32,160
And this was actually a question
from Noah Myers. 

604
00:32:32,160 --> 00:32:34,240
If I have it correct, it's 
supposed to be an even split 

605
00:32:34,240 --> 00:32:37,000
between male and female athletes
due to Title 9. 

606
00:32:37,640 --> 00:32:40,320
That seems to be a great deal 
for female athletes, right? 

607
00:32:40,320 --> 00:32:42,000
Or will schools find a way to 
get around it? 

608
00:32:42,000 --> 00:32:45,760
So this is probably the other 
big aspect that nobody's totally

609
00:32:45,760 --> 00:32:49,480
sure about is how Title 9 will 
get interpreted. 

610
00:32:49,480 --> 00:32:52,000
And, you know, I think it's 
important to understand what 

611
00:32:52,000 --> 00:32:54,840
Title 9 is. 
Title 9 gets talked about a lot,

612
00:32:55,200 --> 00:32:57,720
and not many people know what it
actually is. 

613
00:32:58,680 --> 00:33:02,760
And so I, I think that it would 
be helpful to understand what 

614
00:33:02,760 --> 00:33:06,160
Title 9 is. 
Title 9 is a very simple statute

615
00:33:06,160 --> 00:33:09,440
that was passed in 1972. 
It's actually authored by Birch,

616
00:33:09,440 --> 00:33:12,960
by former Indiana senator. 
Here's what it states. 

617
00:33:13,000 --> 00:33:15,200
This is the entire text of Title
9. 

618
00:33:15,640 --> 00:33:19,680
No person in the United States 
shall, on the basis of sex, be 

619
00:33:19,680 --> 00:33:23,960
excluded from participation in, 
be denied the benefits of, or be

620
00:33:23,960 --> 00:33:27,960
subjected to discrimination 
under any education program or 

621
00:33:27,960 --> 00:33:31,120
activity receiving federal 
financial assistance. 

622
00:33:32,120 --> 00:33:35,320
That's it. 
That's the whole text of Title 

623
00:33:35,320 --> 00:33:38,040
9. 
What does that mean in action? 

624
00:33:39,000 --> 00:33:43,040
Up to this point, Title 9 has 
really been interpreted as a 

625
00:33:43,040 --> 00:33:48,920
participation and opportunity 
aspect of, of higher education. 

626
00:33:49,320 --> 00:33:53,800
And we could, we could go, I can
do a whole lecture, actually do 

627
00:33:53,800 --> 00:33:57,320
a whole lecture on this in the 
class about Title 9. 

628
00:33:57,840 --> 00:34:00,600
It's important to note that the 
way Title 9's been evaluated 

629
00:34:00,600 --> 00:34:02,840
over the course of time and, and
you know, when title nine was 

630
00:34:02,840 --> 00:34:06,560
passed in 1972, there were very 
few athletics opportunities for 

631
00:34:06,560 --> 00:34:10,080
females there. 
The NCAA wasn't even really 

632
00:34:10,080 --> 00:34:14,320
involved in female athletics. 
It was a an entirely separate 

633
00:34:14,840 --> 00:34:18,400
athletics organization called 
the AIAW that was founded that 

634
00:34:18,400 --> 00:34:21,800
lasted for about 10 years that 
that specifically administered 

635
00:34:22,159 --> 00:34:24,960
athletics. 
Most universities had separate 

636
00:34:24,960 --> 00:34:27,320
athletic departments for women, 
including Indiana. 

637
00:34:27,719 --> 00:34:33,960
So the whole idea for about the 
1st 2530 years of title nine 

638
00:34:33,960 --> 00:34:35,400
was. 
We need to. 

639
00:34:35,400 --> 00:34:38,880
Force universities to give 
opportunities to women and 

640
00:34:38,880 --> 00:34:42,400
essentially there's there was a 
three prong test that was 

641
00:34:42,400 --> 00:34:44,360
invented for. 
That. 

642
00:34:44,360 --> 00:34:48,000
Purpose The three prong test was
as follows to show whether a 

643
00:34:48,000 --> 00:34:51,360
school is providing adequate 
sports participation 

644
00:34:51,360 --> 00:34:54,320
opportunities to girls enrolled 
at the institution. 

645
00:34:55,280 --> 00:34:58,320
Prong one is substantial 
proportionality, which 

646
00:34:58,320 --> 00:35:03,760
essentially is the percentage. 
Based number of scholarships 

647
00:35:03,760 --> 00:35:06,280
that you're offering for 
athletics So what this. 

648
00:35:06,280 --> 00:35:09,720
Means is a school like Indiana, 
which I think is like 54 or 55% 

649
00:35:09,720 --> 00:35:14,360
female. 50. 4 to 55% of your 
scholarships for athletics need 

650
00:35:14,360 --> 00:35:16,680
to go to women. 
That's proportionality. 

651
00:35:17,000 --> 00:35:21,360
It's why a school like Purdue, 
which is like 28% women, or 

652
00:35:21,360 --> 00:35:25,120
Georgia Tech which is like 22% 
women, can have fewer female 

653
00:35:25,120 --> 00:35:27,400
sports and fewer female 
scholarships. 

654
00:35:27,400 --> 00:35:30,160
Because proportionality works 
both ways. 

655
00:35:30,160 --> 00:35:32,440
If you've got majority male, 
you're representing the 

656
00:35:32,440 --> 00:35:36,880
interests of the student body 
proportionally based upon sex by

657
00:35:37,240 --> 00:35:39,640
giving opportunities based upon 
that. 

658
00:35:39,640 --> 00:35:41,560
So that's why that exists the 
way that it does. 

659
00:35:42,240 --> 00:35:45,560
The second prong of the three 
prong test is a history and 

660
00:35:45,560 --> 00:35:48,680
continuing practice of expanding
sports participation 

661
00:35:48,680 --> 00:35:53,120
opportunities for girls that 
we're kind of at a point now 

662
00:35:53,120 --> 00:35:56,760
where, and I would say we got 
there about 1015 years ago where

663
00:35:56,880 --> 00:35:59,240
that ceased to be an issue. 
Like up until the late 90s, 

664
00:35:59,240 --> 00:36:02,840
early 2000s, you still had 
schools that were out of of 

665
00:36:02,840 --> 00:36:05,640
compliance with Title 9, but 
they were slowly adding women's 

666
00:36:05,640 --> 00:36:08,840
sports. 
And that's why, you know, you 

667
00:36:08,920 --> 00:36:12,480
saw some sports get added that, 
you know, maybe were somewhat 

668
00:36:12,480 --> 00:36:15,760
surprising, like IU having field
hockey or water polo. 

669
00:36:15,760 --> 00:36:19,120
Those aren't natural sports to 
Indiana, but they were added in 

670
00:36:19,120 --> 00:36:21,840
part to try to get IUI think 
fully up into Title 9 

671
00:36:21,840 --> 00:36:23,560
compliance. 
And that that happened all over 

672
00:36:23,560 --> 00:36:25,120
the country. 
That wasn't just an IU thing. 

673
00:36:25,880 --> 00:36:29,240
The third prong is full and 
effective accommodation of the 

674
00:36:29,240 --> 00:36:31,720
athletics interests of the girls
enrolled at the school, which 

675
00:36:31,720 --> 00:36:35,200
meant basically you. 
Couldn't not offer a sport. 

676
00:36:35,760 --> 00:36:38,720
You know, because it was like 
financially unreasonable if 

677
00:36:38,720 --> 00:36:40,920
there was enough of an interest 
from people who wanted to play 

678
00:36:40,920 --> 00:36:43,320
that sport there, that's those 
are the prongs. 

679
00:36:43,560 --> 00:36:46,120
So how does all that tie into 
what we're looking at here? 

680
00:36:47,160 --> 00:36:48,280
That's the big. 
Question. 

681
00:36:49,600 --> 00:36:52,160
You know, there are arguments 
being made that because it's not

682
00:36:52,160 --> 00:36:54,480
about participation and 
opportunity, but it's instead 

683
00:36:54,480 --> 00:36:58,560
about money being earned based 
upon estimated name, image and 

684
00:36:58,560 --> 00:37:01,520
likeness. 
Since the most valuable. 

685
00:37:01,760 --> 00:37:06,360
From a commercial perspective, 
athletes at schools tend to be 

686
00:37:06,760 --> 00:37:08,680
athletes in the most popular 
sports. 

687
00:37:08,680 --> 00:37:11,520
From a media perspective, again,
football, men's. 

688
00:37:11,520 --> 00:37:14,680
Basketball and some isolated 
instances in other places. 

689
00:37:15,080 --> 00:37:17,280
That that's how things should 
break down from an NIL 

690
00:37:17,280 --> 00:37:20,120
perspective. 
And since Title 9 is focused on 

691
00:37:20,120 --> 00:37:24,360
participation and opportunity, 
not on revenue, since again 

692
00:37:24,440 --> 00:37:27,680
going back to what we said 
earlier, the NCAA keeps. 

693
00:37:27,680 --> 00:37:29,360
Claiming that athletes aren't 
employees. 

694
00:37:29,560 --> 00:37:32,840
That ties into this as well. 
There's a, there's a a lot of 

695
00:37:32,840 --> 00:37:36,240
people within the legal 
community that don't think Title

696
00:37:36,240 --> 00:37:40,080
9 will have much of an impact at
all or will be applicable to the

697
00:37:40,080 --> 00:37:42,800
settlement or to future revenue 
sharing. 

698
00:37:43,000 --> 00:37:46,240
This idea that you're going to 
have to split it evenly or 

699
00:37:46,400 --> 00:37:49,760
proportionally based upon the 
number of athletes that are male

700
00:37:49,760 --> 00:37:51,600
versus the number of athletes 
that are female. 

701
00:37:52,280 --> 00:37:54,160
A lot of people don't. 
Think that that's the case, but 

702
00:37:54,160 --> 00:37:56,280
there are some that argue that 
it does and that it will. 

703
00:37:56,440 --> 00:37:59,640
And I don't really know what the
answer is on it. 

704
00:37:59,640 --> 00:38:06,040
I I get the sense that we will 
start to see legal arguments 

705
00:38:06,040 --> 00:38:07,920
made both ways. 
They'll be a lot of back and 

706
00:38:07,920 --> 00:38:10,520
forth. 
And you know, I, I. 

707
00:38:10,520 --> 00:38:15,920
Tend to side with the argument 
that because of the way title 9 

708
00:38:16,000 --> 00:38:18,480
is like the way that it reads 
and the way that it's been 

709
00:38:18,480 --> 00:38:21,520
tested up to this point, you're 
not going to be able to just 

710
00:38:21,520 --> 00:38:25,640
come back and say, hey, now it 
applies to revenue streams and 

711
00:38:25,640 --> 00:38:28,280
now it applies to what athletes 
are going to be paid. 

712
00:38:28,760 --> 00:38:32,120
The and one of the reasons I say
that is if it was truly a matter

713
00:38:32,120 --> 00:38:35,400
of, of absolute equality, I 
think this would have already 

714
00:38:35,400 --> 00:38:39,640
been in the courts and would 
have been properly adjudged in 

715
00:38:39,640 --> 00:38:44,640
favor of females that coach 
because, you know, certainly 

716
00:38:44,640 --> 00:38:47,000
there are some high paid female 
coaches. 

717
00:38:47,200 --> 00:38:50,480
You know, our own Terry Moran is
a pretty highly paid female 

718
00:38:50,480 --> 00:38:52,840
basketball coach. 
Don Staley's pretty highly paid.

719
00:38:54,800 --> 00:38:57,640
That is certainly not the case 
across the board. 

720
00:38:57,640 --> 00:39:01,480
And and I think what you see 
with, you know, a lot of things 

721
00:39:01,480 --> 00:39:04,240
is this huge disproportionality 
that the amount of money paid to

722
00:39:04,240 --> 00:39:07,480
coaches, both head coaches and 
assistant coaches, support staff

723
00:39:07,480 --> 00:39:11,000
with football, with men's 
basketball, with, you know, with

724
00:39:11,480 --> 00:39:15,120
other individual sports. 
We see it with baseball in some 

725
00:39:15,120 --> 00:39:18,280
schools. 
You know, coaches of male sports

726
00:39:18,280 --> 00:39:21,840
make significantly more money 
proportionally than coaches of, 

727
00:39:22,000 --> 00:39:24,880
of women's sports do. 
The fact that that's been 

728
00:39:24,880 --> 00:39:30,240
allowed to stand for as long as 
it has tells me that, that, you 

729
00:39:30,240 --> 00:39:32,880
know, the argument that somehow 
there needs to be a quality as 

730
00:39:32,880 --> 00:39:34,880
far as the students are 
concerned with money that 

731
00:39:34,880 --> 00:39:37,760
they're gonna be earning off of 
NILI. 

732
00:39:37,760 --> 00:39:40,800
Don't know where the argument 
would be in court that somehow 

733
00:39:40,800 --> 00:39:43,640
coaches can be paid 
disproportionately, but somehow 

734
00:39:43,640 --> 00:39:45,680
athletes have to be paid exactly
the same. 

735
00:39:46,960 --> 00:39:50,240
And now maybe there's some legal
experts that disagree with me 

736
00:39:50,680 --> 00:39:52,240
who are listening to this or 
watching this. 

737
00:39:52,240 --> 00:39:54,560
And if so, I'd love to hear the 
argument to the contrary. 

738
00:39:54,840 --> 00:39:57,200
And I'm certain we'll start to 
see some things develop over the

739
00:39:57,200 --> 00:40:01,960
course of the next few months as
this gets talked about more in 

740
00:40:01,960 --> 00:40:06,240
the public sphere where maybe 
the argument goes contrary and 

741
00:40:06,240 --> 00:40:07,480
maybe it becomes something 
different. 

742
00:40:07,720 --> 00:40:10,000
I, I don't particularly care 
either way. 

743
00:40:10,440 --> 00:40:13,080
I'm just fascinated that this is
going to be a talking point 

744
00:40:13,080 --> 00:40:14,600
moving forward. 
So that'll be something to keep 

745
00:40:14,600 --> 00:40:16,880
in mind. 
As we move ahead with things, 

746
00:40:16,880 --> 00:40:19,400
but that's, that's the other big
element that I think we need to 

747
00:40:19,400 --> 00:40:22,480
keep an eye on as we move 
forward with this is we, nobody 

748
00:40:22,480 --> 00:40:24,440
really knows how Title 9 is 
going to be applied. 

749
00:40:26,320 --> 00:40:31,440
Couple of other questions that 
we had that I wanted to quickly 

750
00:40:31,440 --> 00:40:36,680
get to before we wrap up. 
Actually, I'm going to, you know

751
00:40:36,680 --> 00:40:38,480
what, I'm going to save a couple
of these. 

752
00:40:39,800 --> 00:40:43,640
But John Kluter asks if if 
student athletes eventually earn

753
00:40:43,640 --> 00:40:46,520
full employee status, are we 
headed down the path where the 

754
00:40:46,520 --> 00:40:48,960
student part is eliminated or 
will institutions be able to 

755
00:40:48,960 --> 00:40:51,680
water down academic standards to
the point enforcement becomes 

756
00:40:51,680 --> 00:40:53,960
unnecessary? 
Well, it's funny you say that 

757
00:40:53,960 --> 00:40:59,720
because you know, we, we are now
like evolving athletic 

758
00:40:59,720 --> 00:41:03,320
department staffing and the idea
of what the NCAA does. 

759
00:41:03,320 --> 00:41:06,280
A lot of what the NCAA does is 
about enforcing the NCAA rule 

760
00:41:06,280 --> 00:41:07,880
book. 
But so much of the NCAA rule 

761
00:41:07,880 --> 00:41:10,200
book is around improper 
benefits. 

762
00:41:10,440 --> 00:41:13,080
Well, so much of that can now be
wrapped up in NIL. 

763
00:41:13,080 --> 00:41:15,240
It's like, well, what do you do 
if you're the NCAA from a 

764
00:41:15,240 --> 00:41:17,000
compliance and enforcement 
perspective? 

765
00:41:18,280 --> 00:41:20,520
And the NCAA looks like what 
they're going to try to do to 

766
00:41:20,520 --> 00:41:25,000
maintain relevance is shift 
their focus to making sure that 

767
00:41:25,000 --> 00:41:28,280
these NIL deals are legit and 
that they're not focused on 

768
00:41:28,280 --> 00:41:33,280
performance, that they're 
focused on NIL like popularity 

769
00:41:33,280 --> 00:41:36,120
or market value, which is an 
impossible thing. 

770
00:41:36,120 --> 00:41:40,720
Do a judge and it's hard for me 
to envision a scenario where the

771
00:41:40,720 --> 00:41:43,480
NCAA is going to be able to 
effectively police all of that. 

772
00:41:43,480 --> 00:41:47,520
Now to the larger question about
John, like do we get to a point 

773
00:41:47,520 --> 00:41:51,360
where the the student aspect of 
being an athlete in college 

774
00:41:51,360 --> 00:41:54,600
becomes secondary? 
I'm not tackle that in like Part

775
00:41:54,600 --> 00:41:57,280
4. 
But I do think that as we think 

776
00:41:57,280 --> 00:41:59,720
about all of this, we think 
about money being paid to 

777
00:41:59,720 --> 00:42:01,880
athletes. 
We think about money being taken

778
00:42:01,880 --> 00:42:05,120
out of television contracts to 
be given to athletes. 

779
00:42:05,360 --> 00:42:08,240
We think about, as I mentioned 
earlier, the fact that that $22 

780
00:42:08,240 --> 00:42:12,360
million does not limit third 
parties from paying athletes and

781
00:42:12,360 --> 00:42:14,800
that there's no way for the NCAA
to police that. 

782
00:42:16,080 --> 00:42:19,480
All of this points in the 
direction of a model that is 

783
00:42:19,480 --> 00:42:22,680
totally different from what has 
been utilized up to this point 

784
00:42:22,680 --> 00:42:24,720
by the NCAA and its member 
institutions. 

785
00:42:25,160 --> 00:42:27,560
That is what the NCAA really 
needs to think about. 

786
00:42:28,000 --> 00:42:30,520
And there's going to be a lot of
questions, including the one 

787
00:42:30,520 --> 00:42:33,600
that John asked about. 
Well, are we now heading towards

788
00:42:33,600 --> 00:42:37,400
a scenario where perhaps you're 
not just having people that are 

789
00:42:37,400 --> 00:42:40,800
going to your institution 
performing athletically for your

790
00:42:40,800 --> 00:42:43,400
institution? 
That's an interesting question. 

791
00:42:43,920 --> 00:42:45,640
We'll tackle that in future 
episodes. 

792
00:42:45,640 --> 00:42:47,920
Anyway, if you've got questions 
on anything that I've talked 

793
00:42:47,920 --> 00:42:50,680
about here, feel free to leave a
comment. 

794
00:42:50,680 --> 00:42:55,040
Feel free to shoot me AADM on on
Twitter or whatever. 

795
00:42:55,320 --> 00:42:59,480
And just a note, there's things 
I agree with and disagree with 

796
00:42:59,480 --> 00:43:01,360
with all of these things, but I 
think it's important that we 

797
00:43:01,360 --> 00:43:04,440
have an open conversation about 
what all's going on, whether or 

798
00:43:04,440 --> 00:43:06,360
not you like or dislike what's 
happening. 

799
00:43:06,480 --> 00:43:08,720
A lot of this stuff has been a 
long time coming. 

800
00:43:09,280 --> 00:43:12,320
And, you know, many people, 
myself included, have been 

801
00:43:12,320 --> 00:43:14,760
predicting for years that it was
always going to end up in court 

802
00:43:14,760 --> 00:43:17,000
and it was always going to be a 
situation where the NCAA was on 

803
00:43:17,000 --> 00:43:20,120
the wrong side of whatever got 
adjudged. 

804
00:43:20,480 --> 00:43:23,720
That's where we're at right now.
And so I'm really fascinated to 

805
00:43:23,720 --> 00:43:26,800
see where that leads us. 
I think you all should be as 

806
00:43:26,800 --> 00:43:29,080
well. 
And we've got a lot more to talk

807
00:43:29,080 --> 00:43:30,440
about as we hit some future 
episodes. 

808
00:43:30,440 --> 00:43:32,720
But hopefully this gives you a 
good overview of what we're 

809
00:43:32,720 --> 00:43:35,280
looking at with this house case 
and the settlement and 

810
00:43:35,280 --> 00:43:36,560
everything else that goes into 
it. 

811
00:43:36,880 --> 00:43:39,640
I'm going to go ahead and and 
stop for now. 

812
00:43:39,680 --> 00:43:40,880
And. 
Say thanks to all of you for 

813
00:43:40,880 --> 00:43:44,600
listening and watching. 
Be sure to tune in next time. 

814
00:43:44,600 --> 00:43:46,160
We'll have more as this comes 
up. 

815
00:43:46,160 --> 00:43:48,200
We'll also have an Indy 500 
recap, Scott, and I'm going to 

816
00:43:48,200 --> 00:43:50,400
try to do that on Friday. 
We'll have some other news as 

817
00:43:50,400 --> 00:43:53,320
far as IU stuff is concerned as 
well for everybody. 

818
00:43:53,320 --> 00:43:54,920
At the Back Home Network, I'm 
Galen Clavio. 

819
00:43:55,160 --> 00:43:57,640
Thanks for joining us here on 
Crimson Cast. 

820
00:43:57,680 --> 00:43:59,760
Bring back the Bison, Candy, 
Stripe the Rock. 

821
00:44:00,320 --> 00:44:01,560
We'll catch you folks on the 
flip side. 

822
00:44:01,640 --> 00:44:06,120
Hello, everybody. 
Bye.

