State of sports law

Panelists discuss collegiate athletic issues at South Texas College of Law

Last Thursday, June 20 the South Texas College of Law hosted a panel conducted by the Jackson Lewis Law Firm discussing some of the recent issues facing collegiate athletics today. John Long is of counsel in Houston at the law firm and conducted the panel which consisted of five members: Gregg Clifton, the Co- Chair of the Collegiate and Professional Sports Industry Practice Group, Taurian Houston, the Associate Athletic Director for Compliance at Rice University, Dr.Trayvean Scott, the Deputy Athletic Director at Southern University, Jake Wonders, the Assistant Athletic Director for Compliance and Academics at Houston Baptist, and Jeff Palmer, the Associate General Council at the University of Houston. All five participants provided unique perspectives on important issues surrounding collegiate athletics currently.

The first issue discussed was the transfer portal now available to student athletes. The portal, which was initiated in the last nine months, is a database for every student athlete who is interested in transferring from his or her current school. It includes every sport, and has been widely used effectively as a "free agency" tracking database that every athletic department, coach and athlete has access to. It is used simply by an athlete going to the school's compliance department and informing them that they would like to be entered in the transfer portal. The athlete then has 48 hours to be entered into the portal, and while the coaching staff and compliance department cannot say no to the athlete, they can delay the request. Panel member Taurian Houston outlined that the portal provides both positive and negative effects for the student athlete if he or she chooses to submit their name. "It now allows freedom for the student athlete to communicate with other institutions without a blockade from a coach saying you cannot talk to other institutions." However he did mention that although this freedom is now available, student athletes must be aware of the ramifications which come from entering your name in the portal. According to Houston, "By entering your name in the portal, the school has the ability to remove you from athletic aid. If you were to submit your name for the fall semester, your current school could remove you from athletic aid for the fall semester." Essentially a student athlete entering his name into the portal is in fact taking a risk. If he or she does not like their current situation, they now have the freedom to try and and be picked up by another institution, however the risk is they may not have a scholarship from their current school if in fact they do not find a fit from the transfer portal. As of right now, the portal is being used heavily. There are over 10,000 student athletes across the board who have used the portal with 1,300 of them being mens college basketball players.

The panel went on to discuss the biggest scandal the NCAA has had to deal with recently. An FBI investigation resulted in an ex - Adidas executive, James Gatto, being sentenced for nine months in prison for bribing the father of a college basketball prospect who attended the University of Louisville. Two other basketball insiders, Meri Code and Christian Dawkins, were sentenced to six months for their role in the scheme. John Long, the panel's conductor, theorized that "Adidas is in effect acting as a booster, a representative of athletics interest, for the institutions for which those companies are attempting to funnel kids." There is a bylaw in the NCAA handbook that does state if corporations or apparel corporations commit a violation regarding interactions with potential student athletes, than the University is in fact on the hook for a violation should that student athlete attend that University. The question for the panel became how to police and enforce these third parties from committing violations for which the University would then become accountable for. Rice University, where Taurian Houston is the Associate Athletic Director for Compliance, is an Adidas school. He said "When I think about a lack of institutional control, we get to the aspect of who's a booster and who's an independent actor? Are they looking at their own independent interests, or in the interests of the corporation." This sometimes can be very hard to decipher for a University, therefore making it more common for violations to occur.

Compliance laws were also discussed by the panel. 30 violations were committed last year in college basketball, 24 of them were done by coaches or assistant coaches. Jeff Palmer, Associate General Council at the University of Houston, talked about how to protect the school from these violations saying "a comprehensive compliance training program is the key." An example was given about a division one swimming coach who simply did not understand compliance protocols and unintentionally committed a violation. Gregg Clifton of Jackson Lewis said two things must be done to prevent coaches from getting a violation. First, when a new coach comes in, they sometimes are not familiar with the law. Each university has to educate their coaches on the laws. Second, universities should be assisting coaches in helping them understand the laws. Violations of all kinds can be avoided with the proper education given by Universities to the coaches.

The final piece of discussion for the panel was pay for play, which is probably the most polarizing issue facing collegiate athletics right now. California has introduced a "Fair Pay for Play Act" which would allow the state's college athletes to be paid for the use of their image, name and likeness. California Senator state senator Nancy Skinner has said "College athletes have been exploited by a deeply unfair system. The NCAA, the universities, the media, they've made billions of dollars on the talent of athletes, while the athletes have not received anything." This has been an ongoing issue, and there could be change coming soon. Taurian Houston said "We have to start having the conversation. I'm not a straight up proponent of paying student athletes because this creates more issues. You deal with title nine, are you going to start taxing scholarships, athletic aid... A lot of student athletes haven't thought of these things. I do think things do need to change though." After the panel concluded I proposed to Taurian that a lack of a unified goal from the "pay for play" crowd may have contributed to a lack of movement on this issue. He agreed and said this will be a step by step process that will probably be an ongoing issue for some time.


Most Popular

SportsMap Emails
Are Awesome

Listen Live

A WEEKLY REVIEW OF CRENNEL'S COACHING

Now my job: Texans feast on Lions

Photo by Getty Images.

Thanksgiving is full of tradition. There's the typical family gathering, large meal, and of course, football. Sometimes, new traditions are added and old ones are retired. I think the Texans did both in their impressive 41-25 win over the Lions in Detroit. Old traditions were carried on (Lions losing on Thanksgiving), some were put to rest (Texans not being able to get turnovers), and new ones were started (multiple passing touchdowns by Deshaun Watson in six straight games).

The fact that this defense got three turnovers in the game was unbelievable! They got all three in the first quarter within the span of eight plays. JJ Watt's pick-six was insane. He went for a batted ball, ended up catching it, and ran it in. They forced Jonathan Williams to fumble on the Lions' very next play from scrimmage and recovered it. On the Lions' next possession, the Texans recovered yet another fumble after the challenge was reversed. Great call by the coaching staff to challenge and win. The defense looked good. Tyrell Adams stood out because he was in on those two fumbles, made 17 total tackles with 14 of them being solo tackles. They also brought pressure that seemed to make Matthew Stafford very inaccurate and resulted in four sacks. I give defensive coordinator Anthony Weaver credit for knowing he needs to blitz to get pressure, but the run defense has to improve.

The offense kept the tempo up in this game as well. The spread and hurry-up were used to keep the Lions already staggered defense off balance. Knowing the Lions were without a couple defensive backs, I thought it would be the perfect marriage of their defense and the Texans' offense. A buddy asked before the game about the line (Texans -3.5) and the over/under (52.5). I told him bet the Texans and the over because neither team can play defense and both have good quarterbacks. Offensive coordinator Tim Kelly put together another good game plan and Watson executed it flawlessly. One route combo I saw later on in the game I particularly enjoyed. Two receivers were tight to the left side. Cooks ran a hook/curl and settled in the middle of the zone while Fuller ran a vertical route. Duke Johnson ran a swing route to that same side. It left Cooks wide open as the attention went to Johnson in the flat, Fuller deep, and the action to the other play side. Route combos are important because it gives the quarterback different reads as he goes through his progressions and lets him pick apart the defense based on what he sees. Combine that with Watson's play and the way Kelly has changed his play calling now that he's liberated from he who shall not be named, we're seeing a beautiful thing.

As good as things were, there's still room for improvement. The defense gives up way too many easy yards, both run and pass. They can't get pressure bringing only four and will often give up big plays if the blitz is picked up. Plus the run defense is still an issue as evidenced by the Lions' first possession of the second half. The Lions ran the ball 10 plays straight for a total of 58 yards on that drive. Utterly ridiculous! Watson was good (17/25 318 yards and four touchdowns), but he missed two more touchdowns with passes slightly off, and continues to hold onto the ball too long at times. The difference between these two issues I've presented here is the fact that Watson has so played well, his "issues" are minor and very correctable, while the defense is terrible and there's no easy fix in sight. But let Romeo Crennel and Anthony Weaver tell it, they're getting the most out of these guys and they're playing disciplined.

The thought that this team may actually creep into the playoff picture may take shape better after next week if they can beat the Colts. I doubt it, but it is getting interesting. Let's see what else happens around them because they need help getting there.

SportsMap Emails
Are Awesome