'College Football Is Sick': NIL Buyouts, Tampering And Contracts Are Spiraling Out Of Control

As the college football transfer portal nears opening, NIL buyouts, tampering, and confusing contract rules are pushing college football into uncharted territory according to Eli Drinkwitz

Just two weeks away from the transfer portal opening in college football, coaches across the country are trying to maintain a roster while opposing schools look for any possible way to steal a player, no matter if it comes with paying a buyout. 

On Monday, we all witnessed multiple starting quarterbacks decide to declare their intentions to enter the portal. This included DJ Lagway, Dylan Raiola, Brendan Sorsby and Sam Leavitt. 

All of these guys would have had the opportunity to play next season at their current schools, with maybe Lagway being an outlier because of the new staff in Gainesville. But, we are certainly in a drastically different era of college athletics. 

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"There's a warning that the system that we're in is really sick right now, and college football is sick," Eli Drinkwitz said. "There's showing signs of this thing really cracking moving forward, and we need to get something under control."

Contracts: How ‘Buyouts’ Are Handled, Or Trying To Be 

At the moment, there are players deciding that entering the transfer portal is the best route to take when it comes to cashing in, with chances of making it to the NFL not guaranteed. This also means that certain players are deciding to enter the transfer portal while still under contract with a school like Missouri. 

In reality, there are no rules at the moment. Some might think the new College Sports Commission is setting guidelines for future enforcement, but there is still no agreement signed that would have them running the show. 

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We have seen players re-signing with schools, while others are being shopped around to others. So, what happens if an athlete has signed an agreement with one school, but is looking at the opportunity of transferring? 

Here's the best way to explain what we're seeing right now in college athletics when it comes to a player leaving one school after already being paid through a "front-loaded" deal before new rules were put into place over the summer. 

Let Me Try To Summarize It

"Hey, College Player, you're being paid $4 million. Here's $3.8 million before the house settlement is passed. Once you hit the portal, we can terminate the deal, but if it's terminated because you left, you owe us the money. If another collective cuts the check at the new school, the player would then have that taken out of their new school's contract. 

"And, if the player decides to balk at paying their previous school back, this is where lawsuits could continue. The athletes have already taken this money, but they still owe their previous school for the contract that has not been fulfilled. Somebody has to pay back that money, or what they agreed to under the particular contract."

I hope that explains it, for the folks still trying to grasp all this.

As we've reported before, this is where certain contract language will have "buyout" clauses. But, who is enforcing this? This is what Eli Drinkwitz was trying to emphasize on Tuesday. 

"I don't know, some of the players that have entered the portal were under two-year contracts, and their anticipation is that another school will pay their buyout, or they'll pay it back themselves," Drinkwitz told reporters. "So, you know, contracts are contracts. I think there's been an assumption that, not gonna go there. So we'll see, we'll see, you know. Right now, there are perceived rules, and then we'll figure out what are the real rules moving forward." 

As you can tell, there is no clarity, and as much as some of these coaches would have loved the help of Congress, they might end up waiting a while before enforcement can actually take place.

It's No Longer Tampering. College Athletes Are Being Shopped

Most coaches in this era would rather handle situations behind the scenes, rather than calling out an opposing school during a press conference setting. 

Why? Because there is "tampering" going on at every school. Now, it might not be as rampant at some compared to others, but it's happening. This could come in the form of a grad-assistant reaching out to the high school coach of a player enrolled at another school. 

It happens when the player is not directly contacted, but goes through a third party. Agents are so prevalent in college athletics that they are also shopping players around to the highest bidder. And, we're not talking about well-run companies that have made a name for themselves over the past six years.

The term "street agent" is used a lot in the industry, which is essentially a person who is working on a campus, acting as if they are running the business affairs of a particular athlete. They have zero training, besides being able to operate a social media account. 

But, some of these athletes know no better, and will trust their futures with someone who acts as though they have their best interest at heart. I'm sorry, but having your buddy handle your business affairs, and most importantly life decisions, is not the smartest move. 

"You know, tampering is at, I mean, the highest level. There is no such thing as tampering. It's just, because there's nobody that's been punished for tampering. And so everybody on my roster is being called," Drinkwitz said. "I had a dad call me and say that, and I called the head coaches at their schools, that this school and this school, and this school called, they are offering this much money. 

"And, you know, you're putting a lot of pressure on young men. You know, we're paying them as 1099 employees, a lot of money, not offering any type of retirement, not offering any type of health benefits."

I think it's fair to say we have a long way to go, as schools are still trying to navigate this era of college athletics. 

Written by

Trey Wallace is Outkick's Sr. College Sports Reporter, also hosts The Trey Wallace Podcast, which focuses on a mixture of sports, culture, entertainment along with his perspective on everything from College Football to the College World Series. Wallace has been covering college sports for 15 years, starting off while attending the University of South Alabama. He’s broken some of the biggest college stories, incluidng the Baylor AD scandal, multple firings and hiring, including the Florida football "Credit Card Scandal" along with the firing of Jim McElwin and Kevin Sumlin. Wallace also broke one of the biggest stories in college football in 2020 around the NCAA investigation into recruiting violations against Tennessee football head coach Jeremy Pruitt. Wallace also appears on radio across seven different states breaking down that latest news in college sports.