Are multi-year rev-share contracts at Utah a way to limit transfer portal movement?

SALT LAKE CITY — For all the good the transfer portal has brought to players and schools around the country, it remains one of the biggest pain points for fans (and coaches).

That's especially true when some of the best players are treated as free agents and lured to bigger programs — the rich continue to get richer. And that's not even considering the alleged poaching, or tampering, that takes place on a yearly basis around the country.

The NCAA as a whole has had little control over limiting how the transfer portal operates since it became legal, largely due to the numerous lawsuits raised against the entity. But with the recent acceptance of the House Settlement, many believe there's hope on the horizon; that there can be more regulations as it relates to the portal.

Count Utah athletic director Mark Harlan as one of them.

Speaking to a group of Utah fans at a town hall meeting on Saturday, Harlan detailed Utah's plans in the evolving landscape that is college sports, most notably how the new revenue-share component of the House Settlement impacts the university and the $20.5 million it will allocate to athletes.

But as it relates to the transfer portal, Harlan believes one of the best solutions to help curb the rapid spread of players entering the portal each year is by signing athletes to multi-year contracts (each athlete signs a revenue-share contract now to receive their portion of the $20.5 million available).

Harlan said the university has already signed a handful — "not a lot," he added — but there will continue to be a push to use these to help in recruiting and to provide more stability in the respective sports.

"If you're going after a very high-profile athlete, we may be going up against XYZ who's not offering multi-year," Harlan described. "Maybe they don't want a multi-year because they want to play really well and go try to sell themselves in the portal. Listen, it's a tough deal. I do think there has been some of this that is going to have to be solved by federal legislation.

"I will say there's more momentum there than there has been."

Harlan admitted, though, it's still too early to understand how multi-year contracts will work. He said the contracts themselves will be similar to a coaches contract that lists penalties — for example, a loss of promised money — should the athlete leave early and enter the portal before the contract expires.

"We're just starting, so it'll be interesting to see," Harlan said. "But there's language in these contracts that talks about possible loss of value if they leave. We're just all going to play it out. ... I don't want to hold kids back; I'm not in the business for that. So we're just going to have to kind of figure it out as we go."

Mark Harlan details Utah's strategy for $20.5M athlete revenue share changes

The begin of the era remains chaotic at the onset, but Mark Harlan believes the changes could provide collegiate sports a more stable landing spot — even if it may still be a few years away.

In a standard revenue-share contract the University of Utah uses with its athletes, which was obtained by KSL.com through a public records request, the university has flexibility to set the term length, while breaking down the individual payment per month to the athlete.

As part of that, the university does have a clause in the contract related to the transfer portal, but it does not list any penalties should a player declare for the portal. It does, however, say the contract will "automatically terminate upon the university receiving the transfer notice."

Because payments are sent out monthly, athletes would essentially just give up future agreed-upon payments if they entered the portal before the terms of the contract expired.

Those payments also cease if an athlete voluntarily left the team, took a redshirt season "without the consent of the team coaching staff," or "refuses" to participate on the team if "being medically cleared by team physicians," as well as if the athlete is ineligible or is "permanently removed from participation with the team."

That also applies if an athlete withdraws from the university, is suspended or expelled, or "misrepresents or fails to disclose a limitation or restriction on student athlete's fitness, ability, or eligibility to participate fully on the team."

So while there's nothing to keep an athlete at the university, even with a signed contract, the loss of future money could be an incentive to stay — though it's assumed the athlete could sign a new contract with a future school.

The one benefit teams will have at their disposal moving forward relates to tampering or poaching, Harlan said. If a school is suspected of tampering with athletes before they've entered the portal, the newly-created College Sports Commission will have subpoena power to investigate tampering claims.

"So if we believe a coach has poached one of our kids, they're going to have to turn over their phones," Harlan said. "This is real. I mean, I've told our coaches, don't do it. Don't do it, because you're heading down a path that is going to change here pretty quick. So I think some of that behavior is going to get better."

But for now, it's still a question as to whether any of the new changes will work. Ultimately, Harlan believes federal legislation needs to be passed to help provide clarity, consistency, and stability with the transfer portal (and other facets of collegiate sports).

"We're very open, and we will be very flexible to do what's best for the Utes going forward," Harlan said.

Despite the perceived negative feelings about the transfer portal at times, many around the country — including Utah — have benefitted greatly from a rebuilt roster over night.

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