Big Ten demands NCAA immediately changes rule on controversial issue

In late February, Clemson head coach Dabo Swinney made very public tampering accusations, the NCAA sent a memo to programs. Swinney’s accusations were directed specifically at Ole Miss. However, the NCAA did not direct their memo to just Clemson and Ole Miss.

In that memo that was first reported by Yahoo Sports’ Ross Dellenger, Jon Duncan the NCAA’s vice president of enforcement directed his staff to “pursue significant penalties” against any personnel or teams found to engage in tampering.

“Communications of any kind are not permitted with a student-athlete at another school – or any other representatives of their interests, including agents – before that student-athlete enters the NCAA Transfer Portal. If a coach is contacted by an agent of a student-athlete who is not in the Transfer Portal, any further continuation of that discussion is considered a rules violation”.

Should seem relatively simple. If a player is not actively in the portal, there can be no conversations with officials from other programs. While Duncan’s memo seems rather clear and easy to understand, the Big Ten conference seems to disagree.

The Big Ten asked to clarify policy before dispensing discipline

According to the letter sent by the Big Ten, obtained by ESPN, the conference claims the “current framework for tampering rules cannot be credibly or equitably enforced.” The letter claims the tampering rules are antiquated as they were established prior to the introduction of NIL and unlimited transferring.

"These rules were not designed for a world in which student-athletes are compensated market participants making annual decisions with significant economic consequences," the letter reads. "The collision between the old rules and new reality is producing outcomes that harm the population that the rules were designed to protect."

According to ESPN, multiple officials told their Max Olson, “It’s essentially a competitive disadvantage to not tamper”. An unidentified SEC general manager claimed, “If you’re not doing that, you’re so far behind in the game.”

There were some aspects in the Big Ten’s letter that do raise legitimate questions about timelines, the speed in which deals are made, players with “do not contact” designations early in the window, and other aspects that do deserve consideration.

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However, the bulk of the letter when put through the filter of the NCAA’s memo reads like the sentiment of those officials who spoke to ESPN under anonymity. The system is broken so everyone should cheat instead of no one should cheat.

The Big Ten has a fair argument about updating the policy to consider the current landscape. Asking the NCAA to stand down on investigations feel like an egregious step too far. If everyone is breaking the rules and not cheating or tampering is a competitive disadvantage, a strict implementation of the existing rules would still punish rule breakers. Even if the rules need updating.

If you’re not cheating, you’re not trying cannot be a realistic logic

There have been many coaches, players or race car drivers over the course of time who have invoked the saying if you’re not cheating, you’re not trying. While that might make some sense to a coach, athlete or a fan, the idea undermines the concept of established rules.

The idea suggests that we know what the rules are, but plan to break them until caught and/or punished. If an offensive lineman thinks the ref won’t see the hold on a certain play or a cornerback grabs a jersey with his less than visible hand, that is very different from intentionally tampering to pull a player away from a team he is currently on.

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The rules should not be viewed as an “ask for forgiveness not permission” situation. It seems the desire to secure great players as the fastest means of success is weighed more heavily that following rules. This letter positions itself as, “let us keep cheating until you change the rules”.

Conferences or even programs can take issue with the rules as currently constituted. They can request the NCAA considers some of their more reasonable requests when they do update the tampering rules. However, there is no realistic logic any party can lean on that makes “if he’s enrolled elsewhere, you can’t talk to him” confusing.

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