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Quinn Ewers

This story caught my eye.

They got played by an 18-year-old.

Depending on your sports acumen, hearing the name Quinn Ewers either makes your ears perk up or leads you to ask, “Who?”

The former Ohio State quarterback’s name is back in the news – again – after announcing that he’s leaving the school to enter the transfer portal. Just a few months ago, Ewers made national news when he skipped his senior year of high school to enroll early at Ohio State so that he could capitalize on NIL money. It’s been reported that he’s made over $1 million.

“If I enroll at Ohio State, obviously I’d be able to make money off the deals, and I feel like it’d be a big advantage of learning the playbook and getting comfortable with the campus and all my teammates,” he told Yahoo Sports in July. “But if I stay and don’t get paid, I may be able to win a state title.”

Because Texas, where Ewers is from, is a terrible place run by a litany of unintelligent Republicans, the state’s University Interscholastic League has a rule that won’t let high school athletes like him profit off NIL – even though he was the state’s biggest recruit, wanted to stay home and play, and was the No. 1-ranked player in his class.

So, since the system wanted Ewers to leave over $1 million on the table, Ewers finessed them by graduating early and enrolling at Ohio State in a glorified redshirt season that put a lot of money in his pocket, while also getting him acclimated with being a college athlete. And after only taking two snaps all season, Ewers is back on the market, and it’s expected he will wind up on a roster in Texas next season a whole lot richer than when he was when he left.

The Texas connection and the mention of a rule about NIL for high school athletes intrigued me, so into the Google rabbit hole I went. First, I found several stories about Ewers’ pending transfer, which may be to UT, A&M, Texas Tech, or who knows where else, but none filled in the blanks for me about that “rule”. I searched more specifically about the Lege and “name image likeness”, and found this Trib story.

College athletes in Texas will soon be able to receive compensation from outside businesses that want to use their name, image or likeness under a new law Gov. Greg Abbott signed Monday evening.

State Sen. Brandon Creighton, R-Conroe, said he sponsored the bill to keep Texas collegiate athletic programs competitive as other states have passed similar legislation. At least 15 states have passed bills lifting the ban on allowing student athletes to be paid by outside parties since California was the first state to approve the change in 2019.

NCAA rules ban athletes from receiving any kind of compensation other than scholarships for playing college sports. This law would not change that ban on direct payment by a college or university, but would allow college athletes to receive payment elsewhere.

The bill overwhelmingly passed the Texas House and Senate, though some lawmakers expressed concern it would negatively affect college sports, which multiple lawmakers said should “be played for the love of the game.” Supporters said college athletes deserve to benefit from the industry in which they play a major role.

“The biggest winner in this needs to be all of the student athletes,” said state Sen. José Menéndez, D-San Antonio, on the Senate floor in April. “We gain entertainment. Universities gain revenue, and they need to share in that because of their hard work.”

The NCAA Board of Governors voted to allow players to be paid for their name or likeness in October 2019, but the Division I Council postponed a vote on specific rules in January as it continued discussions with the federal government over rules.

I did not blog about that at the time, though I did note the California law and its potential effect on Texas back in 2019. The bill in question is SB1385, but it’s about allowing college athletes to get paid, not preventing high school athletes from doing the same. Still, it’s the most likely vehicle for such a restriction, and in reading the text of the bill, we see the following:

No individual, corporate entity, or other organization may:
(1) enter into any arrangement with a prospective student athlete relating to the prospective student athlete’s name, image, or likeness prior to their enrollment in an institution of higher education

That right there appears to be the prohibition on high school athletes making the same kind of arrangement for themselves, and indeed a visit to the UIL webpage confirms that:

It is the opinion of UIL staff that a transaction in which a student-athlete is engaged “to promot[e] a product, plan or service related to a UIL sport or contest” using the student-athlete’s NIL in exchange for compensation received by or on behalf of the student-athlete would be in violation of Section 51.9246 of the Education Code and Section 441 of the UIL Constitution and Contest Rules.

It is the opinion of UIL staff that the student-athlete would be in violation of this section if an agreement was executed prior to the student being enrolled in an institution of higher education, even if the student, or a third-party receiving compensation on behalf of the student, does not receive compensation “until all athletic competitions are completed in the 12th grade.” Section 441(a)(2) prohibits the receipt of “valuable consideration,” which covers any inducement, including a promise of future compensation.

They are referencing the section of the Education Code that was revised in SB1385, so that’s that. I strongly suspect that the supporters of this law did not envision the Quinn Ewers scenario, but now that it’s happened I wonder if there will be a push to amend the law to close that loophole. The Texas college that gets him on their team will be happy for this (though one could argue they’d have gotten him a year sooner if the law hadn’t been in place in this form), but his high school can’t be too happy about it. I’ll be interested to see which of those 800-pound gorillas can prevail if they disagree about the unintended side effects of this law.

Anyway. Nothing earth-shattering here – as the Deadspin story notes, Ewers comes from a well-to-do family, so this was more about the principle that he should have been able to pursue this money than the need for the money – but it’s fascinating and not something that had been on my radar. And now you know, too.

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