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SUNY Poly selects Hartwick AD John Czarnecki as its next AD. President Winston Soboyejo: "His nearly 20 years of experience in college athletics is very impressive. His commitment to the academic excellence of the student-athletes he comes in contact with aligns perfectly with our university's vision of becoming the State and nation's premier public polytechnic." (link)

Dartmouth (DI) men’s basketball student-athletes are university employees and are therefore eligible to unionize under U.S. labor law, according to the NLRB Regional Director Laura Sacks, who finds: “Because Dartmouth has the right to control the work performed by the Dartmouth men’s basketball team, and because the players perform that work in exchange for compensation, the petitioned-for basketball players are employees within the meaning of the [National Labor Relations] Act. Additionally, I find that asserting jurisdiction would not create instability in labor relations. Accordingly, I shall direct an election in the petitioned-for unit. … Like the graduate student research assistants and teaching assistants in Columbia University (DI), and like the football players in Northwestern University (DI), the basketball players at issue here perform work which benefits Dartmouth. While there is some factual dispute as to how much revenue is generated by the men’s basketball program, and whether that program is profitable, the profitability of any given business does not affect the employee status of the individuals who perform work for that business. The basketball program clearly generates alumni engagement—and financial donations—as well as publicity which leads to student interest and applications. The Employer concedes that the players are representing Dartmouth when they wear Dartmouth-branded clothing and uniforms. While students at Dartmouth take part in many extracurricular activities, major media outlets do not pay for the right to broadcast and distribute video of the vast majority of those activities.” Full downloadable 26-page decision can be found here. (link)

Tulane (DI) Sports Law Director Gabe Feldman shares the following takeaways: The fact that all Ivy League (DI) schools are private makes it more likely that the full NLRB will uphold the ruling because all Ivy athletes will have the ability to unionize. Although collective bargaining in pro sports is b/w the players union and the entire league, the Regional Director held that it's ok for the union to represent a single team and negotiate with a single school. … The key to the employee status is that Dartmouth exercises significant control over the basketball players' work, including travel, practice and play time, and ‘special permission is required for a player to even get a haircut during a trip.’ The Dartmouth basketball players perform work in exchange for ‘compensation’ despite the fact that they don't receive athletic scholarships. Instead, they receive many other benefits, including early admissions reads, apparel, meals, lodging, etc. ‘Employee status will be found where there is a rudimentary economic relationship,’ and payment/compensation ‘need not be large or otherwise significant in amount.’” Feldman also notes the ruling is “careful to explain why it wouldn't make student musicians, etc. employees (because they're not subject to the same control as athletes and don't have to ask permission to get a haircut), but it could make most college athletes employees, even in DIII.” (link, link)

Postseason Updates:

+ The NCAA Committee on Women's Athletics today voted to recommend DI, DII and DIII sponsor legislation to add a national collegiate women's wrestling championship. If approved by the membership, women's wrestling will become the sixth sport to earn NCAA championship status through the Emerging Sports for Women program, joining rowing (1996), ice hockey (2000), water polo (2000), bowling (2003) and beach volleyball (2015). The recommendation also includes establishing a Women's Wrestling Committee, which would begin its work in January 2025 to allow time to prepare for a championship in winter 2026. NCAA President Charlie Baker: "The rise in sponsorship and participation numbers for women's wrestling is yet another proof point of the rapid growth of women's sports. The sport is also a growing Olympic pipeline, helping produce multiple medalists at the 2020 Games. The NCAA is excited to continue investing in the sport to help it grow and provide more opportunities for student-athletes." (link)

+ The first Men’s Basketball (link) and Women’s Basketball (link) regional rankings have been released. Reminder, these first rankings are in alphabetical order.

+ The City of Salem has officially bid to host the 2026 and 2027 Stagg Bowl, per D3football, who adds the city has also bid to host the Women’s Basketball, Women’s Lacrosse, Men’s and Women’s Soccer, Softball and Men’s and Women’s Volleyball national championships. (link)

After U.S. District Court Judge Clifton Corker noted yesterday that, despite denying the TRO request from the AGs of Tennessee and Virginia, the NCAA’s rules likely violate antitrust law by reducing athletes' market power, headlining attorney Tom Mars points out that “given the length of time that’s passed since the NCAA conducted an Allegation Review Board meeting and then met with Tennessee officials, one has to wonder whether the NCAA has ‘blinked’ and decided not to issue an NOA, which is typically issued shortly after an ARB meeting.” Sportico’s Michael McCann also weighs in on Corker’s ruling: “While the NCAA averted a judicial order that would have immediately compelled profound changes to amateurism in college sports, that order seems likely to be issued later. Unless the NCAA adopts a major restructuring along the lines proposed by NCAA president Charlie Baker—and does so soon—it faces the prospect of a federal judge ordering the association to change fundamental rules.” McCann notes Corker found “sufficient evidence” the NCAA’s NIL-recruiting ban “likely harms competition” and operates as an “absolute ban on competitive bidding, which the Supreme Court [has] found to be anticompetitive on its face.” (link, link)

U.S. Senators Marsha Blackburn (R-TN) and Cory Booker (D-NJ) have reintroduced The NCAA Accountability Act, which establishes guidelines for how the NCAA handles its infractions and investigative process. Specifically, the bill seeks to “establish due process protections for student-athletes, coaches, and universities that are under investigation by the NCAA for rule violations.” The bill would also require the NCAA to complete an investigation within a one-year period of time from when the school first receives a notice of investigation. The NCAA would also be prohibited from investigating alleged violations that occurred more than two years before the actual notice was sent to the school. In addition, the legislation authorizes the DOJ, through an administrative law judge, to fine the NCAA or individuals on staff up to $15M for violating the provisions of this bill. Blackburn: “The NCAA’s history of backroom deliberations that produce unfair punishments for athletes, coaches, and universities has gone on long enough. … The NCAA Accountability Act brings much-needed consistency and transparency to the NCAA, ensuring that everyone is operating under the same set of expectations for rule violations." (link)

Fox, ESPN and Warner Bros. Discovery are creating a joint streaming platform to share sports assets, according to the Wall Street Journal’s Joe Flint and Isabella Simonetti, who report the service will be available to ESPN+, Hulu and Max subscribers. Each company will own one-third of the product, which is expected to launch later this year. (link); Disney CEO Bob Iger: “The launch of this new streaming sports service is a significant moment for Disney and ESPN, a major win for sports fans and an important step forward for the media business. This means the full suite of ESPN channels will be available to consumers alongside the sports programming of other industry leaders as part of a differentiated sports-centric service. I’m grateful to Jimmy Pitaro and the team at ESPN, who are at the forefront of innovating on behalf of consumers to create new offerings with more choice and greater value.” The Athletic’s Richard Deitsch reports the “joint venture has not yet finished its research on where [the price] will land. But for some guidance, based on those briefed on the deal, the likelihood is it will be priced between where a standalone RSN might charge for its monthly offering (think $20-30 monthly depending on where you live) or what you might pay for bundled services (think $75 and up). Could that mean around $50-55? We’ll learn soon.” The Athletic’s Andrew Marchand adds that while the deal is a three-way split in ownership, the “fees that each company will receive are based on what they earn in their cable deals and with services, like YouTube TV. … This means that ESPN, which receives the highest fees, will receive a higher percentage from each subscriber to the new venture.” (link)

Vivature CEO Mouzon Bass and President Lance West Wilson, along with physician Robert Brent Scott, have been indicted by a federal grand jury and charged with conspiring to commit wire fraud, conspiring to commit healthcare fraud, and conspiring to commit money laundering. Another physician, Kyle Carter, has been charged with conspiring to commit wire fraud. The indictments allege that from roughly 2014-2023, Bass and Wilson used Vivature to submit false claims to private insurance carriers purporting that physicians, like Scott and Carter, were providing medical services for injured student-athletes at universities across the country. According to the DOJ, the services were actually performed by athletic trainers employed by the universities who were specifically excluded from insurance companies’ reimbursement policies. In total, the defendants are alleged to have collectively obtained more than $70M, which they used to purchase property, including a multimillion dollar home, lakehouse, and an international residence; and bought a multimillion dollar yacht. (link)

The ASC will implement a double round-robin conference Football schedule for 2024, with each of its four members playing home-and-homes with its peers, per Dave Campbell’s Texas Football’s Cory Hogue, who adds the move will leave each member to schedule four non-conference matchups. (link)

With the addition of Women’s Ice Hockey, the MASCAC will add Plymouth State as an affiliate member in 2024-25, bringing the initial membership to six. Salem State will officially join in 2025-26, starting the two-year clock on an AQ bid to begin in 2027-28. (link)

Deal Digest:

+ Schreiner has announced an expanded partnership with Peterson Health that allows for the creation of an athletic training clinic on campus for student-athletes. (link)

+ Mary Hardin-Baylor is the latest to partner with Opendorse to create an official student-athlete NIL marketplace. (link)

FootballScoop’s John Brice reports SUNY Maritime Football HC Mickey Rehring will not return after four seasons at the helm. (link)

Coaches.wire:

+ Hiram hires Notre Dame College (DII) Women’s Soccer HC Mike Shiels to the same role with the Terriers. (link)

+ Houghton selects Bob Jones (NCCAA) AC Danielle Heffernan as its new Women’s Volleyball HC. (link)

+ Former Rhode Island (DI) Football HC and Villanova (DI)/Millersville (DII) DC Joe Trainer has been named as Immaculata’s inaugural Women’s Flag Football HC. (link)

+ Keene State Women’s Volleyball HC Bob Weiner will retire after 19 years on the Owls’ bench. (link)

+ Rhode Island College taps alumna and prep/club coach Jessalyn O’Neill as Women’s Lacrosse HC. (link)

+ Rose-Hulman announces that Men’s Golf HC/Interim Women’s Golf HC Jon Lester has had the interim tag removed in taking over the reins of both programs. (link)

More Higher Ed:

+ Hamilton selects Arizona State (DI) Dean of the Herberger Institute for Design and the Arts Steven Tepper as its 21st president. (link)

+ Colorado College President L. Song Richardson will step down to return to be a professor of law at UC Irvine (DI), effective at the end of the academic year. EVP/Chief of Staff Manya Whitaker will serve as Interim President for the next two years. (link)

+ SACSCOC has placed Guilford on probation. (link)

+ Webster has filed a petition with St. Louis County court to lift restrictions on $34.4M in endowment funds to meet the requirements for an existing $30M loan. An excerpt from the filing: “Due to Webster’s reduced operating funds, there is a strong possibility that the specific purpose of each of the Restricted Endowment Funds would not be achieved unless Webster is permitted to use the funds for more general scholarship and professorship purposes.” (link)

+ As part of the around $1B request from the Minnesota state legislature for both state systems, Minnesota-Morris is asking for $10.05M to renovate its sports center, library and resource center. (link)

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(Posted from most recent over the last 30 days)

Event & Sport Operations Graduate Assistant (DePaul University Athletics / Chicago, IL): Supports game operations for men's and women's basketball, coordinates special events, and assists with travel logistics for various Olympic sports within DePaul Athletics. (DI) More details HERE.

Assistant Commissioner (River States Conference / Footprint of the Conference / Middletown, OH): The primary day-to-day responsibilities include communications, facilitating website, awards and event coordination. Primarily work from home. (NAIA) More details HERE.

Associate Director, Creative Services & Digital Media (America East Conference / Boston, MA): Assist with all aspects of creative services, primarily graphic design and video content; Influence brand growth, social media and communications strategy; Located in Boston's lively Seaport District. (DI) More details HERE.

Assistant Athletic Director for Marketing & Communications (St. Mary's University / San Antonio, TX): Inquiries, questions, and nominations can be forwarded to Dr. Kurt Patberg, Vice President of Mammoth Sports Consulting at kurt.patberg@mammothconsulted.com. (DII) More details HERE.

Assistant/Associate Commissioner (Conference Carolinas / Greenville, SC): Headquartered in Greenville, SC, the conference seeks applications for two positions as Assistant/Associate Commissioner with experience and skills in external relations and athletics communications. (DII) More details HERE.

Head Men's Volleyball Coach (Wheaton College (MA) / Norton, MA): Looking for a motivated and passionate individual to serve as the inaugural Head Coach of Men’s Volleyball. This individual will build, recruit, and lead our newly created intercollegiate program. More details HERE.

Vice President & Director of Athletics (Louisiana Tech University / Ruston, LA): Reporting to the President and as a member of the President’s Cabinet, the VPAD will lead and guide the department to competing as a high-level Group of Five athletic department. (DI) More details HERE. The D1.dossier for this position is available HERE.

Assistant Volleyball Coach (Kalamazoo College / Kalamazoo, MI): This is a full-time, benefits-eligible position that reports to the head volleyball coach. Assists in the administration and promotion of all aspects of a successful D. women's volleyball program. More details HERE.

Head Baseball Athletic Trainer (University of Kansas / University of Kansas Health System / Lawrence, KS): Position to start June 2024**** Under the direction of the Head Team Physicians, responsible for the athletic training needs of the student-athletes of the Baseball Team. (DI) More details HERE.

Men's Soccer Assistant Coach / Goalkeeper Coach Part-Time (9 months) (24-35) (Francis Marion University / Florence, SC): PT Men's Soccer Assistant Coach & Goalkeeper Coach assists Head Coach with training members of the men's soccer team, recruiting, mentoring, as well as monitoring academic progress. Trains Goalkeepers. (DII) More details HERE.

Director of Intercollegiate Athletics (Arkansas - Little Rock / Little Rock, AR): Little Rock is now accepting applications for their Director of Intercollegiate Athletics position. Jobplex (a DHR Global company) is overseeing the search process on behalf of Little Rock. (DI) More details HERE. The D1.dossier for this position is available HERE.

Assistant Athletic Trainer (Buena Vista University / Storm Lake, IA): Responsibilities include but are not limited to supervision of athletic training students and athletic training services for varsity athletic teams as determined by the Director of Athletic Training. More details HERE.

Director of Athletics and Recreation (American University / Washington, D.C.): The Director of Athletics and Recreation is responsible for the athletic budget, personnel, strategic planning, fund-raising, marketing, sports facilities, and overall management. (DI) More details HERE. The D1.dossier for this position is available HERE.

Commissioner (Northwest Conference (NWC) / Forest Grove, OR): Reporting to the President’s Council, the Commissioner will lead strategy development and conference operations in support of the mission, values, and student-athlete educational focus of the NWC. More details HERE.

Assistant AD/Director for Creative Strategy and Social Media (Abilene Christian University / Abilene, TX): This position will oversee all facets of the department’s digital and social media efforts as it relates to graphic design, photography and videography to tell the story of ACU Athletics. (DI) More details HERE.

Sport Information Director, Assistant (Texas A&M International University / Laredo, TX): The Assistant Director, Sports Information, under general supervision, assists in publicity efforts for all sponsored sports, including writing press releases and feature stories. (DII) More details HERE.

Conference Commissioner (East Coast Conference / West Babylon NY): The East Coast Conference (ECC) Commissioner is the Chief Executive Officer of the conference. This individual will provide strategic and operational leadership. (DII) More details HERE.

Assistant Coach for Women's Soccer (Adrian College / Adrian, MI): Adrian is looking for an enthusiastic and dedicated professional ready to make an impact in our Women's Soccer program. More details HERE.

Assistant Football Coach (Centre College / Danville, KY): Centre College invites qualified applicants for the full-time position of Assistant Football Coach. Reporting to the Head Football Coach, this position leads aspects in building a D3 program. More details HERE.

Director of Athletics (Albion College / Albion, MI): This position is responsible for the overall leadership, vision, and oversight of the College's intercollegiate athletics and recreational programs. More details HERE.

Commissioner (University Athletic Association / Rochester, NY): Reporting to the President Council, the Commissioner is the principal administrative officer of the UAA and will work collaboratively with the Presidents to develop and execute a strategic plan. More details HERE.

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