U of I parts with swarm collective

Grady said:
I understand that, obviously. You misunderstood what I was saying, which was that the UI has to be cautious in practical terms about 'supporting' any institution that isn't beholden to Title IX. If the UI is seen as directly helping the Swarm, you can bet a lawsuit will be immediate -- partly for legitimate legal reasons but also to put pressure on the Swarm to be more gender balanced in how they distribute the goods. Barta doesn't want another lawsuit, and people on this board would be bitching about it if it occurred.
Granted, the UI's legal interpretation is a conservative one, and other legal interpretations could be different.
I'm glad to see that the Swarm director continues to have confidence that he can build a strong NIL program, even without direct help from the UI.
Click to expand...
In theory you may be right, but almost every major football/basketball collective in the country is being endorsed and promoted by their respective university. Do you really think there’s a chance that 100 plus schools are going to be sued into oblivion?

This is a case of literally everyone is doing it, so there’s no chance it’s going to be litigated en masse and no one is going to be the party to try to be the first.

Would you be the one to start paying the years and years of legal fees to sue Iowa for not paying boat rowers the same as superstar football players? Because you can bet the if one gets sued the rest of the schools’ athletic departments are going to rally ‘round the family.
 
This is typical of Iowa's overconservative approach to NIL and everything else, Barta being a representative of an archaic and largely irrelevant organization works to Iowa's disadvantage. Iowa swarm is actually much more inclusive and thought out than any other that I have heard of.
 
dahlhawk said:
This is typical of Iowa's overconservative approach to NIL and everything else, Barta being a representative of an archaic and largely irrelevant organization works to Iowa's disadvantage. Iowa swarm is actually much more inclusive and thought out than any other that I have heard of.
Click to expand...
austin-powers-stuck.gif


Gary Barta and U of I and their approach to NIL.
 
Stop with the Barta bashing. If you are too stupid to know how decisions like this are made then stop posting. I am not a fan of Barta one way or another, but you might try a dose of reality before spewing nonsense.
 
Fryowa said:
This goes way past Farta.
Click to expand...
Waay above his pay grade!
Grady said:
I understand the Swarm's perspective and why they want the info they do from the Athletic Dept.: it would make their job easier. But the UI's position is also legit: we can't be involved in anything that disproportionately favors men due to the law. And if it's the Swarm's perspective that handing over personal contact info of their season ticket holders and donors to the Swarm is 'not the UI being involved', they're living in fantasyland.
Click to expand...
Nope!
 
Fryowa said:
False. The Swarm is outside and separate from the U. It’s not beholden to Title IX.
Click to expand...

This isn’t false or true until the inevitable court decisions on the subject. And believe me they are coming either in this state or another one. I know for a fact some attorneys in Des Moines have been contacted about this very issue from potential plaintiffs.

This may be a way to head it off.
 
ForeverHawk said:
Equality man, says it right on the back of Iowa’s BB uniforms. Until collective payouts are equal, the U of I won’t play ball. Bye, bye competitive football, bye bye competitive basketball. Athletic department is scared of more lawsuits. Society is very litigious these days.
Click to expand...

We are 5 days away from 2023 and Iowa hasn't been to the second tournament stop in THIS MILLENNIUM! I think everyone paying attention waved competitive basketball bye bye a long time ago. We haven't won the conference bince 1979!
 
This entire fiasco will be a popcorn movie It will come out as a comedy/drama and leave the movie theatres for Netflix at top speed. In the meantime, I will use my season FB and BB ticks and watch the Hawks play. Player programs will contain bio’s so we can learn who the F we are watching. Let the games begin!
 
Fryowa said:
In theory you may be right, but almost every major football/basketball collective in the country is being endorsed and promoted by their respective university. Do you really think there’s a chance that 100 plus schools are going to be sued into oblivion?

This is a case of literally everyone is doing it, so there’s no chance it’s going to be litigated en masse and no one is going to be the party to try to be the first.

Would you be the one to start paying the years and years of legal fees to sue Iowa for not paying boat rowers the same as superstar football players? Because you can bet the if one gets sued the rest of the schools’ athletic departments are going to rally ‘round the family.
Click to expand...

You've never heard of the concept of "a plaintiff's lawyer," have you? Wherever there is a deep pool of money they will appear out of the woodwork like termites preparing for a feast before inhabiting their next victim. Their business model is literally to sue a bunch of times and hope that a few big ones stick. They'll get a third of the recovery. If you stack on two years of NIL payments that get north of $20 million and you win a verdict against the school in that amount it will be well worth the outlay.
 
The approach to legal advice varries by attorney. Same with accountants. Some do their research and just say "NO". Others listen and do their research and say - 'here is how you need to proceed safely'.

Some find a way and act like a partner. Others want to act like a cop.

Some execuives simply want someone to say yes or no, and some executives take the guidance, consider the risks/rewards and move forward.

If Gary Barta was running a wagon train in 1792, they'd still be in Ohio. "My scouts tell me that there are trees out there....what if we run into one of them?"
 
Last edited:
NCHawker said:
The approach to legal advice varries by attorney. Same with accountants. Some do their research and just say "NO". Others listen and do their research and say - 'here is how you need to proceed safely'.

Some find a way and act like a partner. Others want to act like a cop.

Some execuives simply want someone to say yes or no, and some executives take the guidance, consider the risks/rewards and move forward.

If Gary Barta was running a wagon train in 1792, they'd still be in Ohio. "My scouts tell me that there are trees out there....what if we run into one of them?"
Click to expand...

There are certain issues that while they appear to be legal issues actually rise to the level of "business issues." A good lawyer will say "here are the risks if you do A, here are the risks if you don't do A, personally I would do A because blah blah blah but this call is above my paygrade so let me know what you think..."

If I'm not mistaken the University of Iowa is also a defendant in some sort of discrimination case that survived a motion to dismiss. Legal counsel to the university could be anticipating a bad outcome in that if they are involved in the collective. The last thing you want is the president or Barta to get called as a witness and then get badgered about the collective and how the school is involved with it but it only donates 3% to women or something. The inference is bad.
 
NCHawker said:
The approach to legal advice varries by attorney. Same with accountants. Some do their research and just say "NO". Others listen and do their research and say - 'here is how you need to proceed safely'.

Some find a way and act like a partner. Others want to act like a cop.

Some execuives simply want someone to say yes or no, and some executives take the guidance, consider the risks/rewards and move forward.

If Gary Barta was running a wagon train in 1792, they'd still be in Ohio. "My scouts tell me that there are trees out there....what if we run into one of them?"
Click to expand...
giphy.gif

In terms of Gary Barta.
 
NCHawker said:
The approach to legal advice varries by attorney. Same with accountants. Some do their research and just say "NO". Others listen and do their research and say - 'here is how you need to proceed safely'.

Some find a way and act like a partner. Others want to act like a cop.

Some execuives simply want someone to say yes or no, and some executives take the guidance, consider the risks/rewards and move forward.

If Gary Barta was running a wagon train in 1792, they'd still be in Ohio.
Click to expand...
Would agree with this take on the matter except I don't see Barta (the fall guy for some) as being the sole contributor to having a vote on the direction of this matter. Considering some recent legal issues involving Iowa on Title IX as well as some pending legal issues within the football program I can understand a conservative approach taken. Don't like it but can understand it. The guidance for NIL is just that, guidance. A lot of area of gray for interpretation.............

NIL and Collectives: The Title IX Question | Lead1 Association

lead1association.com lead1association.com

Note - I see the lawyer that represented the women's athletes at Iowa is back in the news (Dec/2022) contending Iowa is not in full compliance with monitoring their Title IX program for what it's worth.
 
Forgotten in this is Title IX expanded the Civil Rights Act of 1964. Title IX doesn’t stand on its own. There is a bigger picture here.
 
Last edited:
HuckFinn said:
Stop with the Barta bashing. If you are too stupid to know how decisions like this are made then stop posting. I am not a fan of Barta one way or another, but you might try a dose of reality before spewing nonsense.
Click to expand...
I'm not bashing Barta about this decision individually or for him following advice from the school lawyers, but since when has Barta or the University's legal department made wise decisions to avoid litigation? I do believe Barta lost a rather large lawsuit involving sexual discrimination, made an exemption to the Iowa nepotism laws to allow the hiring of Brian and others, and currently has a law suit brought against the University from former athletes. That's a pretty bad track record for his tenure here at Iowa. I guess moving forward Iowa has decided to be more cautious? I know I am pretty stupid about the internal practices of the University and don't honestly know who or how the decisions are made and I don't pretend to know, but other Schools must have decided to make the moves to remain competitive through their own risk assessments. The Swarm NIL has taken pains to provide funding for all student athletes in exchange for public services, basing the fees received by the student on the demand for that individuals services. The Collective doesn't make a distinction between male/female or sport. This is not the way other NIL programs are working across the nation. Honestly I would think this is the kind of organization the University would endorse as to it's fairness and accessibility by all student athletes. Right now the male athletes in many sports at Iowa might have a case about a certain female athlete that is probable making more money than all of them through NIL. This is just my ignorant ramblings cuz I am stupid.
 
I guess it's too much to ask that the BTen Commissioner issue a temporary ruling/guidance on this specific matter that all BTen conference schools would be expected to follow, so at least a token effort is made in the short-term to maintain a level playing field within the conference?
 
Fryowa said:
This goes way past Farta.
Click to expand...
Oh! Yo Fryiowa.. Iowa Surfer here! San Luis Bay. You fish? Well Orca's hang here. They say, I heard are playful? Meaning you can take 1 hour boat ride to Pismo;home of famous clam. What is true, on Beach clams for "picking" anyway you can jump in Water and that Orca's are friendly. Heard that in Bar at ,"happy hour " You and ORCA's sound like a MATCH huh? Well Huge Hawkeye Fan thanks for "moderating... Bumpy ahead, Hawk Fans very Cool and Fans Rock'em!! Hawk Players very Tough. Only time I Say... Proud to be a Hawk. Am Earl from Davenport... Go Hawks
 
You must log in or register to reply here.

Latest posts

Share this page

Top