Guest column: Written contracts would bind players to WSU, create path for stability in transfer portal era

It has been a tough stretch for Washington State University football with so many players and coaches leaving.

We all know it’s a new era for professional college sports, especially football.

The unbridled NIL money, coupled with the transfer portal, is a death knell for universities outside of the power conferences. They are quickly becoming minor -league farm teams for the richest schools in the richest media markets. As former head coach Jake Dickert said recently, “The NIL and the portal are crushing WSU.”

Sadly, there is no state or federal governance, nor appropriate engagement from the NCAA.

WSU, like so many other universities, has been blindsided. But now, the handwriting is on the wall. It is time to walk a bold new path.

Let’s please not be naive anymore. We are talking about big money here and equally big losses. All on a handshake.

It is time for WSU to have real contracts in place for every player. There has to be negotiated fairness between the players and the university – in writing. It is obvious when you think about it. The coaches have written contracts with buyout clauses. It is mandatory now that players have contracts with similar provisions.

When a college athlete chooses to enter the transfer portal, he stands to make a great gain. What does the university get? A major loss. Not fair. And it is clearly a measurable loss.

That would not be the case if players were required to sign a contract with firm two- or three-year terms. The proposed contracts would include buyout clauses to determine monetary damages for breach.

For example, WSU’s starting quarterback, John Mateer, left for Oklahoma last week for a lucrative NIL deal. For sheer numbers sake, let’s assume the deal pays him $1.5 million per year for two years. That now becomes his market value, and accordingly, the amount of WSU’s loss. So in this case, Oklahoma would be on the hook to Wazzu for $3 million.

In the NFL, players just don’t move around willy-nilly to the highest bidder anytime they want. That’s crazy. There are contracts in place that must be honored.

And it’s how it should be in college football. How about the more than two dozen players now leaving WSU that have little or no NIL value?

With written deals in place, they’d be bound contractually to WSU, and rather than being able to jump in the portal to fish for different opportunities, they’d have to negotiate with the coaches and the university to get out of those pacts.

This could be a game-changer for schools like WSU that have proven track records for developing players.

Whether the schools agree to let the players depart would be up to coaches, who would regain some control over their team’s future.

Henceforth, WSU needs contracts for all players.

The school has committed to providing athletes upgraded training facilities, room and board and a free college education – in addition to national exposure from television and benefits from NIL.

WSU is a public university that uses the public’s money to make major commitments to these young, unproven players.

These new contracts would require players’ commitments, as well.

If a player chooses to not sign the contract, he would not play for WSU. If a player chooses to break the contract, damages would be paid to the school. Accordingly, the university’s promises to the athlete, including NIL money, must be honored as well.

The effects of WSU walking this bold new path would be positive and far reaching. It would slow the transfer portal down to a crawl.

As the practice of player contracts eventually spreads to other universities across the country, a new industry would emerge consisting of agents and attorneys all negotiating in a spirit of fairness. All of this would be the result of strong WSU leadership now.

WSU is a great university that has always played surprisingly well over its heads. Let’s make sure WSU does not get crushed by bad evolution.

Mark Pinch, a CPA and Certified Commercial Investment Member, is past president and owner of NAI Black Commercial Real Estate. A graduate of Central Valley High School and Western Washington University, he also has a master’s degree from Eastern Washington while also being a lifelong WSU fan.