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Xavier Lucas wants to be in the portal but Luke Fickell pays to watch men ramrod his wife

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No_Fly_Zone said:
Lucas is/was not in the portal because Wisconsin did not enter his name into the portal.

Because he is/was not in the portal, any NIL offers he or his representatives received (that they may use as evidence of his monetary damages) must have been received while he was not in the portal.

Teams and their representatives are not permitted to communicate NIL offers with players and their representatives until they are in the portal. Doing so is commonly referred to as tampering.

So any NIL offers he received (while not in the transfer portal) could arguably be used as evidence to support a claim of tampering.
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I appreciate you. I hope that didn't come off as snarky. It does make sense. I just also believe it would be difficult to actually prove. The NCAA is like hall monitors in an elementary school at this point.
 
No_Fly_Zone said:
I understand what you are saying. Evidence of tampering is irrelevant to Lucas's case for economic damages against Wisconsin. Agreed.

But that has nothing to do with what I am saying.

The same evidence Lucas would present in court (i.e., a public forum) and to the defendant (i.e., Wisconsin) to prove his case is the sort of evidence Wisconsin (or the NCAA) might use to make a claim for tampering. And presumably one of those forty offers is the from the school or collective/representative of the school where Lucas wants to enroll. That could be problematic for the school and, potentially, Lucas.
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Again, if Wisconsin wants to file a tampering claim against Miami, we simply make a counter-claim on TVD and Dyoni Hill.

The best approach to "tampering", once you get beyond the P.R. elements and into the legal sufficiency arguments, is to walk away. Everybody is doing it.
 
TheOriginalCane said:
Again, if Wisconsin wants to file a tampering claim against Miami, we simply make a counter-claim on TVD and Dyoni Hill.

The best approach to "tampering", once you get beyond the P.R. elements and into the legal sufficiency arguments, is to walk away. Everybody is doing it.
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Or just say “ I’m from south Florida and I contacted them because I wanted go back home”. This isn’t some random **** like Texas or Ohio State. He’s going home. End of story. At this point there’s one way to handle this and that’s how it’s going to be handled.
 
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No_Fly_Zone said:
Lucas is/was not in the portal because Wisconsin did not enter his name into the portal.

Because he is/was not in the portal, any NIL offers he or his representatives received (that they may use as evidence of his monetary damages) must have been received while he was not in the portal.

Teams and their representatives are not permitted to communicate NIL offers with players and their representatives until they are in the portal. Doing so is commonly referred to as tampering.

So any NIL offers he received (while not in the transfer portal) could arguably be used as evidence to support a claim of tampering.
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I'm not so sure that NIL offers are "tampering".

I gave this example to someone via a DM a couple of days ago. In the past, Mr. Ruiz was signing LifeWallet NIL deals with athletes NOT from Miami. If Xavier Lucas were to reach out to Mr. Ruiz to see if he could get an NIL deal, that would be perfectly fine. I realize that someone is going to say "yeah, but these communications were with Collectives associated with schools", and there might be some merit to that. On the other-other hand, the NCAA rules were originally written for "tampering" to be defined as the coaches contacting players at other schools.

Again, at a very core level, if you HONESTLY read NIL to be "Name, Image, and Likeness", then there should be nothing wrong with an NIL agent soliciting NIL bids. This is one of the most common "back-channeling" contacts that is had under the current system, and this is not "tampering" in the classic sense.. Again, this is not a "100% certain interpretation of the rules", it's just laying out the considerations and the arguments to be made. In theory, there should be nothing wrong with an NIL agent asking "hey, if I have a freshman All-American, what is his value to your collective", because this could ALSO be used as the basis of setting his value AT WISCONSIN.

Finally, going back to the ORIGINAL issue, none of these NIL deals can overwhelm and/or replace an athlete's right to transfer. That's just a fact. So this mock (and selective) outrage over "tampering" for ONE individual, when there is some form of "tampering" or "back-channeling" going on for THOUSANDS of Portal guys each year, is just ridiculous.
 
RVACane said:
Tampering is irrelevant to the court but I think what @No_Fly_Zone is saying is that the NCAA can go after the 40 schools for violating NCAA rules, who allegedly offered Lucas when he wasn’t in the portal, notwithstanding that Wisconsin has no right to do what they’re doing under NCAA rules.
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I would also say that this comes perilously close to the NCAA (which does not have subpoena power) trying to get an attorney (say, the one who represented Nevin Shapiro) to do their evidence-gathering for them. Which, if my memory serves me correctly, did not work out so well for the NCAA last time they pulled that sneaky trick.

I know what you are saying, at a basic level. If Lucas' attorney (seeking damages) submits 40 written offers, oooh, boy, the NCAA will have a field day. But I'd assume that there would be a way for the attorney to request the redaction of specifc names on the documents, or only refer to them as "Universities 1 through 40". The NCAA still has to do its own evidence-gathering, they can't just request court documents.
 
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People need to stop with the “ tampering “ nonsense. These guys have agents and are constantly looking to make more money. Both sides reach out so this is irrelevant. There’s a reason the NCAA ignores the tampering stuff from the handful of crybabies. It’s the 2020’s version of Phil Fulmer crying about Bama paying for a top LB in the late 90’s. All of you do it so don’t play the victim.
 
I would actually love to know the true definition of "tampering" in todays climate to where a team could actually get penalized.. How can you even prove it?
 
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Jassid82 said:
I would actually love to know the true definition of "tampering" in todays climate to where a team could actually get penalized.. How can you even prove it?
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Well, in the case of Taylor Edwards, there were text messages that established direct contact between a university employee (Edwards) and a recruit.

As long as there is no evidence of, say, Dennis Smith reaching out to Xavier Lucas, it will be very difficult to prove. The NCAA does not have subpoena power. The only way that Taylor Edwards was caught was that the recruit's baby-mama turned over all of the texts in her efforts to humiliate the recruit for cheating on her with a prostitute (which I'm still not sure is "cheating")...
 
Lol ay.... This has the possibility to be top 3 funniest thread meltdowns if he enters the portal and transfers somewhere else.





I apologize for the negativity
Im Out See Ya GIF by AngryBoiAlex
 
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