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Good Idea? Should states be able to sue boosters who cause violations?

Should univesities be able to sue boosters?

  • Yes

    Votes: 12 75.0%
  • No

    Votes: 4 25.0%

  • Total voters
    16

sooner78wakeboard

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New Oklahoma law allows schools to sue athletic boosters

Recently Oklahoma signed into law that universities would be able to sue boosters who help invite or encourage the opportunity for potential sanctions resulting in financial hardships?

Oklahoma Sooners boosters contacted by The Oklahoman were split in their opinion of the law. One told the paper “it had a chilling effect on me,” while a second said it “doesn’t scare me at all” because boosters who break NCAA rules are “a black eye” for whole program.


Do you think is a good idea? Should it be done across the board?
 

Wild Turkey

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No but I think the IRS should hammer both the boosters and athelets for failure to report income and issuing 1099s. I also think that payments to atheletes should be covered by the RICO act and people should have to face federal prosecution.

If Universities are found to be complicit then the employees in charge should face federal charges under the RICO act as well.

I promise that will stop the nonsense.
 
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MAIZEandBLUE09

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New Oklahoma law allows schools to sue athletic boosters

Recently Oklahoma signed into law that universities would be able to sue boosters who help invite or encourage the opportunity for potential sanctions resulting in financial hardships?




Do you think is a good idea? Should it be done across the board?
That's a bad idea because that assumes people know they're a booster and also are aware of what actions they're allowed or not allowed to take. The general public shouldn't be held accountable for the rules of an organization.
 

MAIZEandBLUE09

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No but I think the IRS should hammer both the boosters and athelets for failure to report income and issuing 1099s. I also think that payments to atheletes should be covered by the RICO act and people should have to face federal prosecution.

If Universities are found to be complicit then the employees in charge should face federal charges under the RICO act as well.

I promise that will stop the nonsense.
It wouldn't stop situations like OSU -- selling something of theirs in a small exchange of money.
 

ellupo

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No but I think the IRS should hammer both the boosters and athelets for failure to report income and issuing 1099s. I also think that payments to atheletes should be covered by the RICO act and people should have to face federal prosecution.

If Universities are found to be complicit then the employees in charge should face federal charges under the RICO act as well.

I promise that will stop the nonsense.
Gifts are allowed up $14k per year with no taxes. Someone would have to prove there was more, like Cam Newton, before a tax would be relevant.
 

Wild Turkey

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Gifts are allowed up $14k per year with no taxes. Someone would have to prove there was more, like Cam Newton, before a tax would be relevant.
Considering how many stories there are out there about cars, I think that threshold can be met pretty easily. They could also pass an exclusion to the tax code that takes these type of "gifts" to zero. Not to mention that argument can be made these aren't gifts they are compensation.
 

Wild Turkey

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It wouldn't stop situations like OSU -- selling something of theirs in a small exchange of money.
Different animal the discussion was about rogue boosters.
 

Wild Turkey

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still no. And as pointed out, gifts below $10,000 are not taxed.
Again they aren't really gifts because you have expectations of service = compensation. If they weren't atheletes you wouldn't be giving them money and if you were no one would care.

This is really an idea everyone should get on board with instead of trying to find fucking loopholes. Let the IRS who has the ability to supena, file liens and financially penalize offenders handle this stuff. The NCAA has no teeth so flip the script.
 

MAIZEandBLUE09

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Again they aren't really gifts because you have expectations of service = compensation. If they weren't atheletes you wouldn't be giving them money and if you were no one would care.

This is really an idea everyone should get on board with instead of trying to find fucking loopholes. Let the IRS who has the ability to supena, file liens and financially penalize offenders handle this stuff. The NCAA has no teeth so flip the script.
There's an easier solution......pay players
 

ellupo

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Considering how many stories there are out there about cars, I think that threshold can be met pretty easily. They could also pass an exclusion to the tax code that takes these type of "gifts" to zero. Not to mention that argument can be made these aren't gifts they are compensation.
That would be getting the feds to be involved in college recruiting. They have no business being involved.
 

4down20

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universities or states?

Schools should be able to, but they won't because it will kill their recruiting.

I don't see where states should be able to.
 

7Samurai13

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No I don't think it's good. The university is allowing the access for the boosters to meet with the players and if they are unsupervised by the university they are at fault.
 

belcherboy

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That's a bad idea because that assumes people know they're a booster and also are aware of what actions they're allowed or not allowed to take. The general public shouldn't be held accountable for the rules of an organization.

But what if you can prove that there was intent to circumvent the rules of the governing body of an institution, and the result of breaking those rules is that the institution is negatively impacted because that person broke those rules?

If a booster willingly/knowingly breaks a rule, and they harm someone financially, I don't see why they can't be held liable for the damages they caused. I'm not a lawyer, nor do I know much about the law.
 

MAIZEandBLUE09

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But what if you can prove that there was intent to circumvent the rules of the governing body of an institution, and the result of breaking those rules is that the institution is negatively impacted because that person broke those rules?

If a booster willingly/knowingly breaks a rule, and they harm someone financially, I don't see why they can't be held liable for the damages they caused. I'm not a lawyer, nor do I know much about the law.
Because it's not illegal. It's only against NCAA rules....rules that universities can vote to add and change as they please.
 

belcherboy

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Because it's not illegal. It's only against NCAA rules....rules that universities can vote to add and change as they please.

Regardless, you can sue people for things that are not illegal...can't you? You just have to prove they harmed you or your business in some way.
 

USCDoom

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Can Boosters sue Universities that Screw Up, what about ones that Cheat in School?!?!?!

I guess Only those in Actual power should have that Right Huh?!?!?!?
 

MAIZEandBLUE09

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Regardless, you can sue people for things that are not illegal...can't you? You just have to prove they harmed you or your business in some way.
You can really sue for anything, but you won't win for just anything. Typically you have to sue them for breaking the law that caused damages or because you entered into some form of agreement or contract and the other party hasn't delivered. If I stand outside of Applebee's with a sign that says, "don't shop here, it's gross", Applebee's isn't winning a lawsuit against me for damages. Giving someone money is not illegal. Boosters are under no contract with Universities, they simply have had ties to that University at some point. The University can ban them internally, or fire them, but there is no legal issue here unless the parties have formally entered into a contract.
 

USCDoom

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Regardless, you can sue people for things that are not illegal...can't you? You just have to prove they harmed you or your business in some way.
Bull, I cannot sue a School for allowing a player to Cheat on a Test and get suspended from a Game, even though that Harmed Me as a Fan...

Here is an Idea, dont want Boosters to screw up your team, DONT HAVE BOOSTERS!!!!!!!

Can we Sue the School for Having Boosters that Hurt The Program and because of that Hurt Me as a Fan?!?!?
 
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