College football is a mess right now…
I know that may sound like an understatement, but we’re now at the point where schools like Duke are literally filing lawsuits against their own players to try to get them to uphold their contracts.
Of course I probably don’t even need to point out all of the problems in college football right now. With players commanding massive paydays through NIL and able to transfer schools at will, the once-great sport is now completely unrecognizable as it turns into a battle between high-dollar donors to buy the best players for their school every year.
A couple years ago, the NCAA eliminated the rule that players must sit out a year if they transfer, allowing for unlimited transfers for athletes. So these days, it’s not uncommon to see players transfer every year of their college career, always going where they can get the best NIL deal.
The problem is that the NCAA has to align the transfer portal window with schools’ academic calendar so that athletes who choose to transfer can get enrolled by the time the spring semester starts. This year, that window is from January 2 to January 16, which means the transfer portal closed before the College Football Playoff even wraps up with its championship game, which is on January 19.
As a result, in many cases players are forced to make a decision on transferring before their team’s season is even over, resulting in players opting out of playing in the postseason as they prepare to transfer schools.
It’s a mess. And fans are the ones who end up losing out.
In the lastest example of the wild west that college football has come, a situation at Duke with one of their top players is headed to the courtroom after the university filed a lawsuit today against their quarterback, Darian Mensah.
Mensah transferred to Duke from Tulane last year, where he signed an NIL deal reportedly worth $4 million over two years. And after this season was over, with the Blue Devils winning the ACC Championship, Mensah had committed to remaining at Duke for his final season.
Apparently the quarterback had a change of heart (or a better offer from another school), because on the last day the transfer portal was open, Mensah announced that he would indeed be transferring as rumors surfaced of a lucrative offer from Miami to replace outgoing quarterback Carson Beck.
In their lawsuit, the university claims that Mensah signed a 2-year contract that runs through December 31, 2026 for his NIL rights, and that transferring to another school would violate his contract. The school claims that if Mensah were allowed to transfer and play for another school, there would be “irreparable harm” to Duke, meaning harm that can’t be adequately made up for with just money.
As the university summed it up:
“Contracts mean something.”
The school asked for a temporary restraining order preventing Mensah from entering the transfer portal, though a judge denied that request earlier today.
The whole issue stems from the NCAA’s rules that prevent athletes from being classified as “employees.” The result is this bizarre quasi-reality in which schools are allowed to pay athletes for their name, image and likeness, but not for their services as a football player. But what good are his NIL rights if he’s not playing football for your school? And realistically, if Mensah transfers to another school, they’ll also be paying him for his NIL rights – which right now, are contractually owned by Duke (at least that’s the school’s argument).
See the issue? It’s a cluster…
The case is likely headed towards a lengthy legal battle, though the judge’s ruling today clears the way for Mensah to transfer to Miami…or any other school.
Mensah is likely to argue that the school agreed to arbitration and force the case to be negotiated out of court, but the player’s attorney Darren Heitner (who just so happens to be a professor at Miami…surely just a coincidence though) revealed today that the judge who ruled against Duke today in allowing Mensah to enter the transfer portal will also be recusing himself from the case:
“The judge, a Duke basketball season-ticket holder, and thus a booster, also recused himself from future proceedings.”
I think I speak for all college football fans when I say the NCAA needs to get this stuff straightened out, and fast. I don’t know what the answer is, but you can’t have players making multi-millions of dollars and holding schools hostage every year and expect to build any sort of sustainable future for the sport.
