Kain Colter

Northwestern players take step toward unionization

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A movement seeking a landmark shift in the landscape of college athletics in general and football specifically has taken another, potentially monumental step in that direction.

ESPN’s Outside the Lines is reporting Tuesday that “Ramogi Huma, president of the National College Players Association, filed a petition in Chicago on behalf of football players at Northwestern University, submitting the form at the regional office of the National Labor Relations Board.”  It marks the first step in those players — a group officially called the College Athletes Players Association — being recognized by/as a union and as employees of the university.

The CAPA, OTL reports, was created by, among others, Huma and Wildcats quarterback Kain Colter.

Colter was part of a movement last fall with the tagline “All Players United.”  Colter, several of his teammates and players from Georgia and Georgia Tech all scribbled the acronym “APU” somewhere on their (university-issued) football equipment as part of the “protest.”

In addition to the filing of paperwork, union cards signed by what Huma, a former UCLA linebacker, described as “a vast majority” of the Northwestern football players on scholarship were filed with the regional NLRB.  The website wrote that “to have the NLRB consider a petition to be unionized, at least 30 percent of the members of a group serving an employer must sign union cards.”  Only the players on scholarship — the NCAA limit of 85 — were permitted to sign union cards, meaning walk-ons are excluded from the group.

The NCPA — and ultimately the CAPA — has the backing of the powerful United Steelworkers union.

For now, the goals of the NCPA/CAPA are “better concussion and other medical protections, and for scholarships to cover the full cost of attendance” as well as “a trust fund that players could tap into after their NCAA eligibility expires to finish schooling or be rewarded for finishing schooling.”  Huma declined to rule out the union, if it’s certified, pushing for universities to pay salaries to the players, which would initially include only those involved in football and basketball.

For Colter, though, there’s one overwhelming issue on the agenda in the here and now.

“Money is far from priority No. 1 on our list of goals. The health of the players is No. 1,” the quarterback told Yahoo! Sports. “Right now the NCAA does not require or guarantee that any university or institution covers any sports-related medical expenses. Student-athletes should never have to worry about if their sports-related medical bills are taken care of.”

A certification that leads to such guarantees, however, is likely many, many years down the road and will face numerous obstacles as both universities and the NCAA push back.

First, this union push, for the moment, applies only to private institutions such as Northwestern.  Public universities, which make up the vast majority of FBS institutions, are under the jurisdiction of state laws, not federal.  And those laws at the non-federal level vary widely from state to state, which could open yet another Pandora’s Box, as explained by the esteemed John Infante of the Bylaw Blog:

Assuming a crushing victory by the student-athletes and union organizers, there would still be the issue of public universities. In theory, student-athletes at public universities who became employees would be state workers, whose unionization and collective bargaining rights are governed by state law. Years from now the end result could be many different sets of rules applied at different public and private colleges in different states because of the different collective bargaining rights.

In other words, if the players are successful and unionize to the point that public universities are involved –players at those schools would need to take their case to their individual state boards — you could see football programs within the same conference, depending on where the rights are collectively bargained, operating under myriad different sets of rules — and rates of pay.  And you thought recruiting in the SEC was a free-for-all now?

Any ruling in favor of the athletes will most certainly be appealed by the universities.  The most likely result is years of motions and counter motions at the federal court level, with Colter and his group prepared to fight this all the way to the Supreme Court of the United States if necessary.

While Dan Wetzel states very plainly in his Yahoo! piece that “[t]his will be a war of attrition,” Infante offers up a simple solution to a problem that will become more complex — for both sides — as the lawyers’ billable hours do nothing but grow.

All of this begs to be resolved in one fell swoop (at least for the time being) by Congress passing a comprehensive NCAA reform act, which provides the protections the student-athletes are asking for in exchange for avoiding the employee designation and having different NCAA rules on a conference or institutional basis. The question now is whether Congress could get such a bill together and whether the NCAA sees discretion as the better part of valor and federal regulation as the lesser of two evils.

Watch your backs, though, players. There’s snakes in them there D.C. Beltway suits.  Be careful if you go the Congressional route.

Ex-Vandy RB Brian Kimbrow now an ex-MTSU RB, too

Brian Kimbrow
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Maybe the third time will be the charm for Brian Kimbrow? Or maybe there’ll be no third time, period?

That appears to be the case Kimbrow confirmed to Rivals.com earlier this week that he has walked away from the Middle Tennessee State football team. Not only that, but the running back has walked away from the sport, period.

“I just didn’t love football like I used to and wanted to focus on school and my forensics career,” Kimbrow told the recruiting website. “Just burned out for real.”

Kimbrow began his collegiate career at Vanderbilt as a four-star recruit in 2012. He ran for 748 yards and six touchdowns his first two seasons with the Commodores before he was indefinitely suspended early on in the 2014 season for conduct detrimental to the team. A month later, the then-junior was dismissed from the Vandy football program.

Kimbrow joined MTSU as a graduate transfer earlier this year and participated in spring practice with his new Blue Raiders teammates.

James Pierre, three-star 2016 signee, given release from UNC

5 Sep 1998:  General view of the mascot for the North Carolina Tar Heels displayed during the game against the Miami Ohio Redhawks at the Kenan Stadium in Chapel Hill, North Carolina. The Redhawks defeated the Tar Heels 13-10. Mandatory Credit: Chris Cova
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Once at 26, North Carolina’s 2016 recruiting class has been pared by one.

According to a report from 247Sports.com, 2016 signee James Pierre has been given a release from the National Letter of Intent he signed with UNC.  The recruiting website reports that Pierre was denied admissions by the university, leading to his full release.

Because he has not attended any classes at UNC, Pierre would be eligible to play immediately at another FBS program.  He’d then have the standard five years to use four seasons of eligibility.

A three-star 2016 recruit, Pierre was rated as the No. 48 safety in the country.  In addition to UNC, Pierre held scholarship offers from, among others, Cincinnati, Kentucky, Louisville, Miami, Mississippi State, South Carolina, Tennessee, West Virginia and Wisconsin.

RB Denzell Evans opts to transfer from Arkansas

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Arkansas lost, at least temporarily, a running back to injury last month.  This month, they’ve lost one permanently, for a whole other reason entirely.

Thursday, Bret Bielema confirmed that Denzell Evans plans to transfer out of his Razorbacks football program.  No specific reason for the parting of ways was given.

The running back will remain enrolled in school until he graduates, then move on to an undetermined location.  As Evans will be a graduate transfer, he’ll be eligible to play immediately if his new college football home plays at the FBS level.

As a bonus for his new program, Evans will actually have two years of eligibility left to use.

The past two seasons after redshirting as a true freshman in 2013, Evans had played in 15 games.  Evans rushed for 84 yards on 13 carries in his Razorbacks career; 48 of those yards and six of the carries came in the fourth quarter of an Oct. 31 win over UT-Martin this past season.

Evans, a three-star 2013 signee, scored a pair of rushing touchdowns in the spring game last month.

Report: Joe Paterno knew of Jerry Sandusky abuses as far back as 1976

PATERNO SANDUSKY
Associated Press
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Oh boy.

As an insurance case connected to the Jerry Sandusky child-sex abuse case continues to wind its way through the legal system, PennLive.com writes, ” a new bombshell” was dropped Thursday.  According to the newspaper website, a court order in the case indicates that deceased former Penn State head coach Joe Paterno was aware in 1976 of sexual abuse allegations against Sandusky, the former Paterno right-hand man who was convicted of molesting at least 10 underage males victims during and after his long stint as a Nittany Lions assistant.

It’s further alleged in the order that Paterno did not tell his superiors of the allegations in 1976, nor subsequent allegations a decade later. From the report:

The line in question states that one of Penn State’s insurers has claimed “in 1976, a child allegedly reported to PSU’s Head Coach Joseph Paterno that he (the child) was sexually molested by Sandusky.”

The order also cites separate references in 1987 and 1988 in which unnamed assistant coaches witnessed inappropriate contact between Sandusky and unidentified children, and a 1988 case that was supposedly referred to Penn State’s athletic director at the time.

“There is no evidence that reports of these incidents ever went further up the chain of command at PSU,” Judge Gary Glazer wrote, in determining that because Penn State’s executive officers weren’t aware of the allegations, he would not bar those claims from insurance coverage.”

Paterno supporters, including his family, have long argued that Paterno did nothing inappropriate and did not cover up for his former coach; Paterno himself admitted, though, in an interview before he was fired in the midst of the scandal in November of 2011, “I wish I had done more.”

Thursday, Paterno’s family once again rushed to the Hall of Famer’s defense in a statement.

Over the past four-and-a-half years Joe Paterno’s conduct has been scrutinized by an endless list of investigators and attorneys.

“Through all of this review there has never been any evidence of inappropriate conduct by Coach Paterno. To the contrary, the evidence clearly shows he shared information with his superiors as appropriate.

“An allegation now about an alleged event 40 years ago, as represented by a single line in a court document regarding an insurance issue, with no corroborating evidence, does not change the facts. Joe Paterno did not, at any time, cover up conduct by Jerry Sandusky.

The case in which the 1976 allegation was revealed involves Pennsylvania Manufacturers Association Insurance Co., which is arguing that it’s not responsible for reimbursing Penn State the more than $60 million it has paid out in Sandusky-related damages.

The 72-year-old Sandusky is currently serving 30-60 years after being convicted on 45 counts in a 48-count indictment.