Monday brought with it some serendipity for the gathered reporters in Amelia Island.
A ruling in the arbitration case between the College Sports Commission and 18 Nebraska football players came down roughly one minute before CSC CEO Bryan Seeley met with media members.
The win marks a major moment for the CSC, and while (as I noted earlier) it doesn’t create precedent, it provides at least some proof of concept that its rules can hold up. Does that mean this is the last challenge we’ll see? Far from it. It’s hard to imagine Nebraska won’t look at other avenues like state court.
There is also the matter of a coming hearing between the plaintiff’s counsel in the House settlement in which Jeffrey Kessler and Steve Berman are seeking to effectively rewrite the terms to make it more difficult to apply the “associated entity” standard to MMR companies like Playfly.
But that’s a fight for a later day. Monday, Seeley seemed notably relieved in discussing the case. Here were a few of his thoughts:
His reaction to the ruling and what it means
Bryan Seeley: “Obviously, we’re pleased with the arbitrator’s ruling in the decision [Monday]. This case was never about whether the student athletes can get paid. It was about whether they can get paid in this way, and our determination was they could not get paid in this way — and the arbitrator agreed with us on that.
“We hope and expect that these student athletes will submit new deals that comply with the rules. I have committed to Nebraska that we will expedite review of any deals from these student athletes that are submitted in the coming weeks and months. And my hope is we get to a point where we can approve them, but the deals that were submitted simply did not comply, and so we could not approve.
“What [Monday’s] decision also shows is that the arbitration system works. Student athletes submitted deals. We made a decision about those deals. There was a robust hearing in which witnesses were called, arguments were made. There was a lot of briefing, and the arbitrator made a decision based on the facts. The place for decisions that are based on the factual record is in arbitration under the settlement. It is not in court in California. What the plaintiff’s counsel in the House litigation have tried to do is remove these kinds of issues from factual grounding and put them in court when they previously agreed in the settlement that the issues will be decided in arbitration.”
Is this validation for the CSC and the system it has put into place?
“It’s not about me, right? It’s about a system, and I want to thank all the people from my team who worked hard on review of these deals and in the arbitration itself. There are growing pains with any system. There have been a lot of growing pains in this system, but we came from a system where there was no enforcement of the rules for a couple years. There are going to be growing pains to get to a system with real rules enforcement.
“It certainly feels validating to have an arbitrator agree with your decision. On the other hand, I was going to speak to the media, and we were going to make this decision public even if we lost. We made that commitment already. So, I am very happy that the arbitrator agreed with the decision. I think it hopefully instills some faith in this system, but we still have a lot of work to do to get to where the schools want enforcement to be.”
What should the average fan take from this ruling?
BS: “It shows that fact-based issues of enforcement coming out of the settlement can be decided in arbitration in a way that takes into account all the facts and allows the parties to move forward.
“Again, it is not precedential, but ... I hope and expect that people at schools, people working in college athletics, will look at this ruling as a positive development to bring enforcement to this space. And I do think most people working in college athletics want robust enforcement — not everyone, but most people. And so even if it’s not precedential, the fact is it’s influential and it’s influential in people’s minds about how they feel about the [system]. So to me, it was a good day.”