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Xavier Lucas in the portal

Bender said:
I kinda had a feeling that this must be it. NIL deals usually don't pay up front... they pay based on certain milestones that one achieves, which is why the total amount that is being reported is always stupid and shouldn't be taken at any value.

Regardless of what Wisconsin wants it to be, they can't hold a player hostage for a NIL deal. It simply does not work. I am stunned that they don't have a legal team being aware of this very basic fact.
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Well, that's not completely true.

The first NIL deal that is signed for the freshman year usually pays a big front-end amount around the time of initial enrollment. Think of it as a "signing bonus".

Any additional deals would depend on the situation. For instance, if this was a deal for 2025 and beyond, it's possible that Xavier would have been paid his first amount at the time of January 2025 enrollment. There are ALSO milestones and benchmarks and additional payments, but it would be POSSIBLE for him to have already been paid an amount under the "new 2025 deal". It just is NOT VERY LIKELY.
 
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TheOriginalCane said:
What damages?

The only POSSIBLE monetary damages he could allege are the DIFFERENCE between his Wisconsin deal and the "35-40 offers" he has received from other schools.

In reality, he just wants his Portal paperwork processed by Wisconsin.
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I actually think there SHOULD be damages for signing a contract and then immediately breaking it cause you received a better offer a few days later.

Like obviously you have to put it in the contract, but imo there should be like <10% of the contract value as “damages” for exiting the deal early. Or maybe like 5% if within the semester and then that reduces to 0 if after a semester, and instead just a prorated repayment of up front money.

If you sign a $200k deal I don’t think it’s bad to enforce a $10k damages fee to break it within the semester you signed (so trying to have a little negative effect for like signing in winter portal then try to break it in spring portal) At the ends of the day there should be SOMETHING imo, since it appears the NCAA won’t do anything well to help this free for all… and $10k isn’t gunna stop a guy from accepting a $250k offer when he was getting $200k… so if the deal is significantly better it wouldn’t prevent movement.
 
Calinative said:
I actually think there SHOULD be damages for signing a contract and then immediately breaking it cause you received a better offer a few days later.

Like obviously you have to put it in the contract, but imo there should be like <10% of the contract value as “damages” for exiting the deal early. Or maybe like 5% if within the semester and then that reduces to 0 if after a semester, and instead just a prorated repayment of up front money.

If you sign a $200k deal I don’t think it’s bad to enforce a $10k damages fee to break it within the semester you signed (so trying to have a little negative effect for like signing in winter portal then try to break it in spring portal) At the ends of the day there should be SOMETHING imo, since it appears the NCAA won’t do anything well to help this free for all… and $10k isn’t gunna stop a guy from accepting a $250k offer when he was getting $200k… so if the deal is significantly better it wouldn’t prevent movement.
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He asked about whether Lucas would have damages against Wisconsin.

As for the other stuff you mention, Wisconsin could try to put that into a contract. Of course, recruits could refused to sign such a contract.

And no matter what you try to hypothesize, what you are referring to (in the absence of a repayment schedule) would be liquidated damages or punitive damages.

ACTUAL damages are ones that can be calucluated. If a person signs a contract and breaks it a few days later, WHAT ARE the actual damages?

This is not a knock against you, but I've read over 60 pages of this type of rationalization on the Wisconsin 247 board, that somehow there should be "legal remedies" for everything we think is "right" or "wrong" or "ethical" in the world. That is not the case.

Again, the court cases have consistently gone in favor of the players and their rights to earn income and not be constrained by transfer rules. That is completely different from the situation you describe. Anyone can draft those types of damages clauses you speak of, but whether another person would sign such a contract is up in the air.

Bargaining. Free market. Competition.
 
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Calinative said:
I actually think there SHOULD be damages for signing a contract and then immediately breaking it cause you received a better offer a few days later.

Like obviously you have to put it in the contract, but imo there should be like <10% of the contract value as “damages” for exiting the deal early. Or maybe like 5% if within the semester and then that reduces to 0 if after a semester, and instead just a prorated repayment of up front money.

If you sign a $200k deal I don’t think it’s bad to enforce a $10k damages fee to break it within the semester you signed (so trying to have a little negative effect for like signing in winter portal then try to break it in spring portal) At the ends of the day there should be SOMETHING imo, since it appears the NCAA won’t do anything well to help this free for all… and $10k isn’t gunna stop a guy from accepting a $250k offer when he was getting $200k… so if the deal is significantly better it wouldn’t prevent movement.
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The law does not allow windfalls. He can’t walk away with free money. (I know nothing about his situation).
 
TheOriginalCane said:
He asked about whether Lucas would have damages against Wisconsin.

As for the other stuff you mention, Wisconsin could try to put that into a contract. Of course, recruits could refused to sign such a contract.

And no matter what you try to hypothesize, what you are referring to (in the absence of a repayment schedule) would be liquidated damages or punitive damages.

ACTUAL damages are ones that can be calucluated. If a person signs a contract and breaks it a few days later, WHAT ARE the actual damages?

This is not a knock against you, but I've read over 60 pages of this type of rationalization on the Wisconsin 247 board, that somehow there should be "legal remedies" for everything we think is "right" or "wrong" or "ethical" in the world. That is not the case.

Again, the court cases have consistently gone in favor of the players and their rights to earn income and not be constrained by transfer rules. That is completely different from the situation you describe. Anyone can draft those types of damages clauses you speak of, but whether another person would sign such a contract is up in the air.

Bargaining. Free market. Competition.
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Oh I'm not speaking about the Lucas situation at all. And regardless about all the nil and payment stuff, the school has no right not to put his name in the portal.. I'm just saying in general I think these contracts should start having them and there should be SOME negative consequence to this complete free for all.

The free Market and competition is cool and all but in professional sports leagues once you sign a contract you're tied to that team for the duration of the contract. Now I'm fine not having that be the case and allowing transfers, but there just should be some tax on that essentially. Of course those leagues have collectively bargained to agree to those rules. So obviously thats the path we are headed. I'm just saying I'd probably prefer to just have some damages in contracts than have the NCAA run everything again, cause I'm going to assume they will **** it up even worse.

I mean I think it should just shifted to like a 5 year clock that starts after you get put on a scholarship no matter what with the ONLY exception being a season ending injury (so no returning to play that season!) within 4 games in your final year... and maybe shifting back to allowing just 1 free transfer for non-graduates.
 
TheOriginalCane said:
I was talking about DIFFERENT Darren Heitner tweets, like the one where he says he has seen Xavier Lucas's NIL deal, and Wisconsin doesn't have a leg to stand on.


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So if a school refuses to submit the paperwork what is to stop a player from initiating the contact with another school aand then just transferring as any regular student would?
 
I know it's not the same but Wisky signed one of our best VB players (Grace Lopez). She played in Omaha on 12/7 against Nebraska in the NCAA tourney and was committed to the Badgers by 12/18. Mind you this is a native Puerto Rican girl (same as our HC) and not someone that you would think would want to spend the rest of her career in Madison no matter how good their program is.

There were commentaries I read of some HC tampering with players of other programs while they were all competing in the tourney. Not saying that's what happened but the portal has become a big deal in this sport just like most others. As an athletic dept. maybe they should look inward as much as they complain about others.
 
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They’re going to get hammered on multiple fronts. They’re breaking the rules holding a kid hostage without justification. Than they’re going to make other recruits turn away
 
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BeastMode said:
I’ve heard back up lineman are making a few hundred thousand so yes all seem to be making at least what the nfl pays their practice squad players which is insane.

Especially when you realize it’s not the schools paying for the players or the ncaa who profits….its the FANS!!!!!!!
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I don't think a scholarship player at Miami is under that few six figures. Pretty standard at the bottom, from what little I know. These boys are making money (maybe a few have lighter paychecks). Nothing life changing. But helps all families out at minimum.
 
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BoxingRobes said:
I don't think a scholarship player at Miami is under that few six figures. Pretty standard at the bottom, from what little I know. These boys are making money (maybe a few have lighter paychecks). Nothing life changing. But helps all families out at minimum.
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Curious at what point programs cut back on roster size to mirror close to what the NFL carries. Those bottom 30 kids making 100k. That’s another 3 million that can be allocated to a game changer. If NFL teams can make it work with 55 players not sure why a college can’t.
 
Still wondering how Wisc is acting in any way possible based on a nil contract that “should” have nothing to do with school?!?!
 
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