Xavier Lucas in the portal

[RVACane]

... 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.

I think he’s saying that liquidated damages are punitive. They certainly can be because they’re generally a set amount agreed upon in advance and included in the contract and from why I recall, judges don’t really dig them and if they’re deemed excessive, can throw them out.

They wouldn’t be accepted by the players. That’s why it’s important for agreements to be standardized and for there to be a deal like the nfl has between players and owners, to get the entire thing under control. CFB can’t survive without some structure in place to protect everyone and keep things orderly. I think that’s where you’re coming from on this, which I 100% agree with. It’s out of control and not because players are getting paid, that’s good, but because there’s no rules or order.

 

[RightSaidFred]

I haven't seen anything about this in the news or on twitter. No outrage about how Wisconsin is holding him hostage, nothing that would amount to any kind of pressure against that program.

I hope he ends up coming here, but I'm not optimistic.

 

[RVACane]

University is playing with fire for a football coach with an axe to grind. Maybe they've calculated the risk and think the exposure is acceptable; but I can't see how. Letter should be written to AD, President and University Attorneys demanding they follow NCAA rules and regulations.​

I'm no attorney, but i'm certain University lawyers don't want any employees explaining why they chose not to process his documentation in a timely fashion. I'm also not sure a coach should be able to interfere with the process either, as it triggers serious questions about the integrity of the compliance department.

This could turn into something else if Wisconsin isn't careful.

Based on the bits and pieces I’ve seen, and as a lawyer years removed from it, I can’t believe the University attorneys are good with this. It’s not complicated to me at all.

Schools and NIL coops are supposed to be separate for 1. And processing the paperwork is an NCAA requirement. If there’s a legal issue between the NIL Cooperative and the player, that’s a separate cause of action that has no coverage under the NCAA rules regarding the portal process.

 

[Cane44]

On what grounds?

My post is more about stirring the bad PR pot. But on the grounds that they processed 42 other transfers in two years within 48hours of kids submitting paperwrk. So why are they treating him and him only different?

 

[NicKane]

Yea, but if rich fans wanna pay because of the access they get to the programming and it’s decision making, then that’s on them. That was going on before NIL. People spending their $20 a month to these collectives is asinine to me. As many are already buying season tickets, traveling to games, etc.

You know, you say it’s asinine to you, but if you joined Cane’s connection, it’s one more cane on board which allows us to get the best players. Makes no sense why you would call that asinine.

 

[GojiraCane]

I haven't seen anything about this in the news or on twitter. No outrage about how Wisconsin is holding him hostage, nothing that would amount to any kind of pressure against that program.

I hope he ends up coming here, but I'm not optimistic.

Yep. What's to keep Wisconsin from holding him for all four years out of spite?

 

[Bunker Mentality]

If

My post is more about stirring the bad PR pot. But on the grounds that they processed 42 other transfers in two years within 48hours of kids submitting paperwrk. So why are they treating him and him only different?

Not an attorney, but i've paid enough of them to know that if alleged mistreatment is not based on some protected class or activity (gender, race, etc..), a discrimination claim has no grounds. Meaning, someone treating you poorly because they don't like you isn't considered discrimination.

I get the P.R. aspect but making frivolous claims with weak legal standing could be undermine and backfire from a P.R. standpoint.

 

[Bunker Mentality]

Yep. What's to keep Wisconsin from holding him for all four years out of spite?

They can't b/c their actions or lack thereof violate NCAA rules requiring his paperwork to have been processed in 48hrs. Wisconsin must believe the consequences of their inaction are worth sending a message, I suppose. He MAY have to wait until the second window, but due process should result in the processing of his paperwork.

 

[Canes Legacy]

I wish we had competent journalists report on this

 

[No_Fly_Zone]

I wish we had competent journalists report on this

 

[bacane]

I wish we had competent journalists report on this

Where’s the award-winning Mr. Jackson?

 

[GojiraCane]

I wish we had competent journalists report on this

Reporter - "Hmm. The University of Wisconsin says he's ineligible to ever transfer. That sounds good enough for me!"

 

[TwentySix]

I wish we had competent journalists report on this

 

[Hurricajun]

You know, you say it’s asinine to you, but if you joined Cane’s connection, it’s one more cane on board which allows us to get the best players. Makes no sense why you would call that asinine.

Sounds like he’s allabouttheme and not allabouttheu!

 

[JayCane20]

I wish we had competent journalists report on this

Susan retired and no one has been able to replace her.

 

[TheOriginalCane]

I think he’s saying that liquidated damages are punitive. They certainly can be because they’re generally a set amount agreed upon in advance and included in the contract and from why I recall, judges don’t really dig them and if they’re deemed excessive, can throw them out.

They wouldn’t be accepted by the players. That’s why it’s important for agreements to be standardized and for there to be a deal like the nfl has between players and owners, to get the entire thing under control. CFB can’t survive without some structure in place to protect everyone and keep things orderly. I think that’s where you’re coming from on this, which I 100% agree with. It’s out of control and not because players are getting paid, that’s good, but because there’s no rules or order.

Can't give this enough 100's.

You have 134 major universities with permanent legal departments, plus 134 (or more) collectives made up of university alums, many who are attorneys...

And then you have thousands of 18 year old kids, many from families who may be unable to afford the services of an attorney.

We absolutely need a standardized template.

 

[Tempest]

Susan retired and no one has been able to replace her.

“Susan, you’re on mute again. We can’t hear you.”

 

[TheOriginalCane]

If

Not an attorney, but i've paid enough of them to know that if alleged mistreatment is not based on some protected class or activity (gender, race, etc..), a discrimination claim has no grounds. Meaning, someone treating you poorly because they don't like you isn't considered discrimination.

I get the P.R. aspect but making frivolous claims with weak legal standing could be undermine and backfire from a P.R. standpoint.

The word "discrimination" has multiple meanings. Wisconsin is DISCRIMINATING against Xavier Lucas by treating him differently than everyone else. That is discrimination. Nobody said anything about protected class or anything like that, so settle down.

Xavier Lucas is being discriminated against. Without Wisconsin publicly disclosing the basis for their inaction, nobody knows the real reason.

 

[AtlAtty]

If

Not an attorney, but i've paid enough of them to know that if alleged mistreatment is not based on some protected class or activity (gender, race, etc..), a discrimination claim has no grounds. Meaning, someone treating you poorly because they don't like you isn't considered discrimination.

I get the P.R. aspect but making frivolous claims with weak legal standing could be undermine and backfire from a P.R. standpoint.

Nice work “counselor”. You nailed how discrimination works. The plaintiff must be part of a protected class and the basis of the poor treatment must be because the plaintiff’s age, gender, religion, country of origin, etc…. Just because a woman is fired doesn’t mean it’s discrimination unless she was fired because she is a woman (protected class).

Your attorneys have taught you well. Better than many actual attorneys understand this issue.

 

[TheOriginalCane]

They can't b/c their actions or lack thereof violate NCAA rules requiring his paperwork to have been processed in 48hrs. Wisconsin must believe the consequences of their inaction are worth sending a message, I suppose. He MAY have to wait until the second window, but due process should result in the processing of his paperwork.

Just a bunch of empty phrases, though.

"They can't". And yet they are.

"He MAY have to wait until the second window". Why, exactly? New names will be popping up in the Portal for weeks. His name could be next. There is no reason he should have to wait for the second window.

"Due process should result in the processing of his paperwork". Good lord, a phrase that people love to use and have no idea what it means. What is the "due process" here? Thus far, there is none. The NCAA rule could not be simpler and more clear, and yet Wisconsin won't comply.

Either the NCAA puts Xavier Lucas in the Portal on its own (and sanctions Wisconsin) or a court injunction will be required.