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Go Straight to Collective Bargaining (Part II) ✦ OnLabor

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What Happens at the Bargaining Table?

This is Part II of a two-part series on collective bargaining in college athletics. Read Part I here.

Players’ unions and athletic administrators can first negotiate a wage “floor” with minimum pay scales providing basic income for all athletes. They might also add a bonus plan for teams that win conference championships or post-season competitions. They can agree on year-to-year longevity increases to blunt the chaotic transfer portal and create more attachment by athletes to their schools and their fellow students. At the same time, they can mimic professional sports by allowing individual star athletes to negotiate for name, image, and likeness compensation over and above salary scales in the basic union contract. They can also create a union role to ensure due process and other safeguards for players’ NIL pay arrangements.

Salary scales, pay progression and NIL deals are big subjects, but they are just starters. Other classic bargaining issues would also be on the table. They include hours of work, given the time demands on athletes; health and safety, especially in hard-contact sports with long-term health implications; medical insurance, not only while playing but also when former players live with permanent injuries; compensation and treatment of temporarily injured players; and more.

Non-discrimination is also a bedrock bargaining subject. Unions and universities would be negotiating in light of Title IX, Title VII, and state-level anti-discrimination laws, but also in light of moves by the federal and some state governments to undermine these protections. They could simply incorporate legal requirements into their collective bargaining agreement and sort things out through arbitrations and lawsuits. But we hope that players’ unions would seek contractual provisions to uphold equality between men’s and women’s teams and men and women players.

Institutional interests on each side are also important subjects of bargaining. Athletic directors will certainly insist on traditional decision-making powers such as who makes the team and who gets cut, who starts and who subs, who plays which positions, the game plan and play calling, and so on. Management will doubtless seek no-strike guarantees while the contract is in effect, and players would likely agree – they are athletes who want to play, after all – typically combined with binding arbitration for unresolved grievances.

For their part, unions will seek rights and protections for players elected to union leadership positions to carry out their union functions, and union representatives’ access to facilities to meet with players. Also important are union security clauses providing for dues payments from union members and agency fee payments from players who choose not to be members (under U.S. law, no one can be forced to join a union, but to address the “free-rider” problem, a collective bargaining agreement in the private sector can require agency fees from represented non-members). 

Further complications arise involving distinctions between private and public universities, sometimes in the same athletic conference, and whether they are located in “agency shop” states that allow mandatory agency fee payments by non-union members or in “right-to-work” states that prohibit agency fee clauses. Also relevant is the Supreme Court’s Janusdecision, which allows individual public employees in any state to opt out of agency fee obligations. These intricacies are too plentiful to address further here, but they are not insuperable problems. Unions and universities have long dealt with them for their already established campus bargaining units for blue collar workers, clerical and technical workers, graduate student workers, and others. 

Continuity will be an important institutional challenge on the union side, as athletes come and go over time spans as short as a basketball player’s “one and done” year and up to six years with under extended eligibility rules. Unions should work to include freshmen and sophomores in leadership and in bargaining, who can pass the baton later. Full-time external union representatives, as with staffers of professional sports unions, can stay with the union for sustained periods to provide stability and institutional knowledge.

The Ivy League might be the best test for collective bargaining. All are private sector entities subject to NLRA and NLRB jurisdiction and located in Northeast states that do not block agency fee contract clauses. Their athletic departments are similar in size and budgets, and they compete on a level playing field across multiple sports. Moreover, collective dialogue already happens in Ivy sports. Late last year, athletic directors and administrations accepted a proposal from the Student-Athlete Advisory Committee, made up of 17 athletes in 12 sports from all 8 institutions, to allow their league football winner to play in the post-season FCS championship. The agreement ended a 70-year prohibition on post-season football play.

A league-wide basic bargaining agreement could protect competitive balance, while coaches and players at individual schools might set other priorities in supplemental agreements. And agreements can let the occasional Ivy League superstar – more likely in gymnastics, hockey, lacrosse or wrestling than in football or basketball – negotiate individually for NIL compensation.

We think university administrations should get ahead of the curve and embrace collective bargaining as the right framework for college sports. They could voluntarily recognize unions where players show majority support, or forego anti-union campaigning and let an NLRB election decide majority status. This way, they can avoid reliving the years of turmoil that accompanied resistance to union organizing among now established and accepted campus bargaining groups. They can also avoid being put on a yo-yo by alternating Democratic and Republican majorities at the National Labor Relations Board and their shifting decisions on employment status and coverage under the NLRA. And as noted at the outset, universities can avoid the potentially devastating consequences of ongoing and future antitrust lawsuits, since collective bargaining gives them their long-sought exemption from antitrust law.

Some points in closing. First, we know our argument can be seen as just a pie-in-the-sky thought experiment, subject to pooh-poohing by hard-headed realists who can always say “what about this?” and “what about that?” We don’t pretend to have all the answers. Nor should we – it’s for the athletes and administrators and coaches to find their answers. We would only note that there was a historical point in every workplace and industry when unions and collective bargaining were seen as pie-in-the-sky, never-gonna-happen fantasies. And then they happened.

Second, we know it is asking a lot of university administrations and athletic department managers to move to a collective bargaining system. For many of them accustomed to controlling players in an unequal power relationship, it will take a profound philosophical shift to sit across a bargaining table from players as equals. But this is the history of labor relations in professional sports. The parties have learned to work together, the value of franchises has multiplied exponentially, and owners, managers, and coaches still make key operational decisions. Neither side gets everything it wants, but the compromise resulting from good-faith bargaining is a better outcome than either side getting everything it wants. 

Finally, we believe in an even deeper justification for the collective bargaining solution: it’s a fundamental human right. All workers are entitled to a say in the terms and conditions of their work. College athletes, too, are entitled to a genuine voice at work, found in the right to organize and bargain collectively through representatives of their own choosing under U.S. law and international human rights standards.



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Heisman finalist reveals why major college football program declined bowl game

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The decision by Notre Dame to decline playing in a bowl game turned out to be one of the most-discussed choices made by any school in the 2025 college football season.

Now, one of the team’s most talented players is going public with why they decided to forgo the postseason entirely after missing the College Football Playoff.

Notre Dame running back and Heisman Trophy finalist Jeremiyah Love says the players were the deciding factor in ending their season.

Notre Dame made a team decision

“It was kind of a full team decision, full consensus decision,” Love said on SportsCenter. 

“Our captains asked all of the players that they could, you know, what they think about the bowl games and things like that. And we all came to a consensus, or final decision, that we didn’t think that playing in that bowl game would really represent our 2025 football team in the right way. 

“Because we feel like our team was just very special throughout the year, we did a lot of great things, and in that bowl game, a lot of people are going to opt out. A lot of people are just going to not play, or have their own plans … which, rightfully so. They have that right.”

Notre Dame was left out of the playoff

Notre Dame looked poised to take one of the dozen places in the College Football Playoff, but the selection committee reversed course on the last day, and swapped it out for Miami instead.

While most observers agreed in theory with that move since Miami beat Notre Dame this season, the timing of the decision and perceived lack of an explanation as to why then and not before, left the Irish enraged.

Enough to decline playing any bowl game at all.

“We didn’t feel like that team that would go into that bowl game was a great representation of how special this 2025 football team was,” Love said. 

“So we all came to a consensus of, you know, we don’t want to put this team in a bad light because we feel like it was a great team.”

He added: “We’re not saying playing in a bowl game would put us in a bad light, but it just wouldn’t be the best representation of our team. So that ultimately led us to come into that decision.”

What Jeremiyah Love has done for Notre Dame

Love was a crucial element in the success Notre Dame had on the field that put them in playoff contention in the first place.

The running back had 199 carries for 1,372 yards and 18 touchdowns on the ground, catching 27 passes for 280 more yards and another 3 touchdowns.

His 21 total touchdowns set a new single-season Notre Dame record, surpassing Jerome Bettis.

But that could be the last time we see him on the field in the gold helmet given the Irish will not play again this season, and if he decides to enter the NFL Draft this spring.

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CNN points out ‘cultural problems’ at historic college football program

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Scandal is an inevitable thread in the fabric of college football. Pretty much every major school as waded through one or two notable scandals involving administrators, coaches or players on a particular team. But there’s one Big Ten school, and college football program, who might be the new “Scandal U.”

That was a popular phrase around Louisville, KY in regard to the Cardinals’ run of scandals that included mismanaged funds by a university president, a strippers-in-the-dorms basketball scandal, an FBI probe, a playbook-stealing scandal called Wakey-Leaks (after Wake Forest) and the list goes on. Well, the Ville can now mover over after getting their act together in the 2020s, because Michigan is the new big bad rulebreaker in college athletics.

In light of Michigan head football coach Sherrone Moore’s firing this week, one of the largest news outlets in America, CNN, decided to do dig into the noticeably high number of scandals that have rocked Michigan of late. Of course, Moore was fired, for cause, do to an inappropriate relationship with a staffer. But he’s only the latest in a long line of Michigan men who’ve gotten their hands a bit dirty.

CNN noted the following occurrences all within the Michigan athletics department over the last few years:

Michigan Scandal Rundown

  • Head football coach Sherrone Moore was fired over an inappropriate relationship with a staffer, then later arrested the same night he was fired.
  • Head football coach Jim Harbaugh was suspended for several games during the 2023 national championship season over recruiting violations.
  • Head football coach Jim Harbaugh left college football after 2023 with a 10-year show cause, four years of probation for Michigan, plus millions in fines over a sign-stealing scandal that dominated the entire 2023 college football news cycle.
  • Football assistant Connor Stalions was let go for his very direct involvement in organizing and enacting the sign-stealing scandal.
  • Head basketball coach Juwan Howard was suspended for slapping an opposing assistant coach during a handshake line and then fired after that season.
  • Head hockey coach Mel Pearson, was not retained after investigations discovered the program urged athletes to lie on COVID tests and also had reports of verbal assaults on female staff members.
  • Football assistant Matt Weiss was let go after it was discovered that he was hacking into students’ accounts to steal private photos of them.

That’s a tornado of bad ripping through Ann Arbor over just a couple of seasons. And while the basketball and hockey stories were tough situations, most of these scandalous missteps have come from the football program. According to CNN, there’s just one big culture problem under athletic director Warde Manuel.

CNN notes deeper problems with UM athletics

Michigan Wolverines' Sherrone Moore (left), head coach Jim Harbaugh (center)

Michigan Wolverines’ Sherrone Moore (left), head coach Jim Harbaugh (center) and special teams coordinator Jay Harbaugh | Mark J. Rebilas-Imagn Images

“People associated with Michigan athletics have told CNN that they believe there is a cultural problem, if not of indifference, certainly of arrogance,” they wrote. Going beyond just the bad behavior from people hired by Michigan, CNN reports that the school’s firing process itself raises major red flags.

“A source familiar with the matter said that Manuel dismissed Moore without anyone from human resources present, and – while that is not required – it is standard behavior at most companies,” CNN added, which is true, especially for a situation like Moore. In fact, he’s the example of why HR is used in that capacity, to maybe prevent something messy from transpiring afterward, which is exactly what happened.

Perhaps 2026 can offer a new day for Michigan. The Jim Harbaugh era ended with raging success on the field but has left a disastrous wake. With Moore now out, the Wolverines can start anew and bring in a head coach completely severed from the Harbaugh era and the baggage it brought.

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Buffs football’s pursuit of ‘powerhouse’ status is unrealistic

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The University of Colorado is a remarkable place. It sits at the foot of the Flatirons, draws students from around the world, and shapes the state’s scientific, cultural and economic life more than almost any other institution. I have spent a lifetime connected to this university, and I say this as someone who cares deeply about its success: CU probably will never be a “sustained” national football powerhouse. And that’s not an insult. It’s an honest acknowledgment of the landscape we now live in and, if anything, a plea that we stop chasing a mirage that drains time, money and energy from what CU actually does best.

Jim Martin for the Camera
Jim Martin for the Camera

Let me be clear: CU can have great seasons. It can produce electrifying moments, top-10 rankings, thrilling Saturdays at Folsom Field (hopefully not at 8:00 p.m.) and the kind of storylines that make the country look west for a couple of weeks. But a powerhouse, the kind that reloads every year, bulldozes competition, outspends everyone and expects to contend for national titles as a matter of routine, is a different category altogether. And Colorado simply doesn’t have the structural ingredients to be competitive at a very high level every year.

Start with geography. The equation is simple: football powerhouses sit atop enormous recruiting bases. Texas, Georgia, Florida and Ohio each produce dozens of blue-chip recruits every year. Alabama has no major in-state competition and can pull from the entire Southeast. Colorado produces a handful of elite prospects, usually fewer than five. You can’t build a perennial top 10 program when your home state gives you a roster the size of a pickup basketball team. You have to fly everywhere, fight everyone and overpay for out-of-state talent just to stay competitive.

Then consider stadium economics. Folsom is one of the most beautiful venues in America, but beauty doesn’t pay the bills. At just over 50,000 seats, it isn’t even in the top 50 nationally. Meanwhile, the schools we’re comparing ourselves against have 85,000 to 105,000-seat cathedrals humming with revenue: premium clubs, suites, donor boxes, end-zone complexes. That difference alone produces tens of millions of dollars in additional annual operating revenue. CU will never be able to replicate that scale in Boulder, nor should it try.

Which brings us to finances. Even before the current deficit, CU’s athletic budget has hovered around $140 million, going up recently toward $160 million. That sounds large until you look around. Ohio State is over $290 million. Texas is not far behind. Georgia and Alabama are in the same orbit. LSU just hired a coach for $91 million in a multi-year deal — at a public institution. This is not a market CU can play in. It’s not even in the same country. 

And now we’ve entered the branding (NIL) era, a world where the top programs spend $20-40 million annually not on coaching, not on facilities, but on the players themselves. Colorado’s donor base, corporate landscape, and statewide culture simply do not support that kind of annual fundraising. We have generous donors, but not South East Conference (SEC) style or Big-Ten boosters who treat Saturdays as a religion. NIL branding is not a temporary trend; it is the defining financial mechanism of modern college football. And CU is on the wrong side of the arms race. Maybe one area of hope with raising the needed money to be competitive is in a third-party private equity agreement. The University of Utah’s athletic department is about to create a new partnership with a private equity firm that could generate an estimated $500 million in revenue.

Culture matters too. Boulder is a place people choose for lifestyle, for mountains, for climate, for academics, for entrepreneurship. This isn’t Tuscaloosa, Columbus or Baton Rouge, where football saturates daily life and where a losing season is treated as a civic crisis. CU students disperse to ski slopes, hiking trails and concerts. Faculty are nationally recognized researchers who did not come to Boulder to live inside the roar of a football machine. That’s not a criticism, it’s precisely what makes Boulder special. But it’s also why Colorado may never be, and should never try to be, an Alabama or Ohio State of the Rockies.

And even in the years when CU succeeds, its success carries its own penalty. Bigger programs simply poach CU’s coaches, coordinators, strength trainers, analysts and recruiters. They can double or triple salaries with little effort. Sustained powerhouses rely on stability and pipelines of talent behind the talent. CU is a destination when things go well, not a home you stay at for decades.

So where does that leave us?

It leaves me with a simple conclusion: CU should aim to be good, competitive, exciting, fiscally healthy and academically aligned, not an imitator chasing a model that doesn’t fit our mission or our reality. The pursuit of “powerhouse” status isn’t just unrealistic; it distorts priorities and pressures the institution to behave in ways that undermine its purpose.

Colorado is at its best when it embraces what it truly is: a world-class research university with a vibrant campus, a beautiful stadium and a football program that can surprise the country every now and then. That is more than enough. It is something to be proud of. And it is infinitely more sustainable than pretending Boulder sits on the same tectonic plates as Austin, Columbus, Tuscaloosa or Athens.

We can love CU football passionately, without insisting it become something it cannot be. That is not cynicism but is realism, spoken with love, for the place that has shaped so much of my life.

Go Buffs!

Jim Martin is a former regent, past chair of CU’s athletic subcommittee, and adjunct law professor, having taught Sports and the Law. Martin regularly provides presentations to various groups  on the topic: “The Wild West of Today’s College Athletics.” He can be reached at jimmartinesq@gmail.com.

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$54 million college football coach now favored to be next Michigan head coach

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Dillingham Out?

As the ripples of college football’s initial coaching carousel were starting to subside, here it goes again. Michigan was apparently closing in on Arizona State’s Kenny Dillingham as its next coach, but one of Lee Corso’s truisms came roaring back: not so fast, my friend. Dillingham is now rumored to be signing an extension at Arizona State, which means that the Michigan search will continue.

DeBoer A Possibility?

Other rumors with Michigan have centered around Alabama coach Kalen DeBoer. That’s convenient timing, as DeBoer himself is in jeopardy of a fourth loss in a second consecutive season at Alabama. It’s safe to say, as Paul Finebaum asserted recently, that Alabama’s CFP game with Oklahoma could deeply impact DeBoer’s future plans. If DeBoer did leave Alabama, the resulting coaching carousel fallout would likely be massive across the entire sport.

A New Favorite

But a new favorite is jumping thorough the Kalshi prediction market. Washington coach Jeff Fisch has leaped to a 37% chance to take the Michigan job as Dillingham fell from an overwhelming favorite to under 10% chances. Fisch is finishing the second year of a $54 million contract for seven years that he signed with the Huskies before the 2024 season.

Fisch’s Resume

A renowned offensive mind, Fisch graduated from the University of Florida and has climbed the offensive coaching ladder since. He did coach defense briefly with the NFL’s Houston Texans, but he’s otherwise worked on offensive with a bevy of college and pro teams. He’s been the offensive coordinator at Miami, with the Jacksonville Jaguars, and at UCLA.

Fisch rose to prominence in his first head coaching job at Arizona. His Wildcat teams climbed from 1 to 5 to 10 wins in his three seasons there. Since taking over Washington, Fisch is now 14-11 and has taken the Huskies to two bowl games.

Michigan’s Dilemma

Michigan seemed to be in good shape with Sherrone Moore after the departure of Jim Harbaugh to the NFL, but the events of the last week left the Wolverines suddenly without a coach and at a point in the coaching carousel where many of the biggest targets (Lane Kiffin, James Franklin) and even the top secondary targets (Jon Sumrall, Alex Golesh) have already been hired.

Given the uncertainty around the Michigan program, Fisch might make sense simply as one of the quicker hires possible. With Washington preparing for the LA Bowl this evening, Fisch recently reiterated his plan to coach the Huskies in 2026. That said, the prediction market is obviously not quite buying in on that plan.

Fisch

Predictions markets are pointing toward Jedd Fisch as the next Michigan coach. | Jayne Kamin-Oncea-Imagn Images



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Trump calls NIL a ‘disaster’ for college sports and Olympics

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NEWYou can now listen to Fox News articles!

When President Donald Trump hosts an event in the Oval Office and opens things up to questions from the media, as he did on Friday while hosting members of the 1980 Miracle on Ice team, you get a lot of dumb questions.

I mean, I get that opportunities to ask the president a question are at a premium, but with Jim Craig and Mike Eruzione on hand, is that the time to ask about Venezuela?!

Donald Trump gestures to crowd

President Donald Trump gestures to the crowd before the start of the NFL Super Bowl 59 football game between the Philadelphia Eagles and the Kansas City Chiefs, Sunday, Feb. 9, 2025, in New Orleans.  (AP Photo/Ben Curtis)

Anyway, at least one member of the press asked a question that made a lot of sense, and it had to do with NIL.

CLICK HERE FOR MORE SPORTS COVERAGE ON FOXNEWS.COM 

That’s fitting, as back when the Miracle on Ice team played, the Olympics were strictly for amateurs, and most of the team was plucked from various collegiate rosters.

Had they played 40-plus years later, they may have been rolling in some of that NIL dough.

But, as the president noted — and Sen. Ted Cruz would agree with — the current state of NIL is simply not sustainable and could cause serious damage to college athletics, and even the Olympics.

Trump signing Bill

U.S. President Donald Trump, joined by the 1980 U.S. Olympic men’s ice hockey team, holds up a bill to honor the team in the Oval Office of the White House on Dec. 13, 2025 in Washington, D.C.  (Anna Moneymaker/Getty Images)

TRUMP WARNS COLLEGE SPORTS ARE IN ‘BIG TROUBLE’ IN CRYPTIC POST

“I think that it’s a disaster for college sports,” President Trump said. “I think it’s a disaster for the Olympics, because, you know, we’re losing a lot of teams. The colleges are cutting a lot of their — they would call them sort of the ‘lesser’ sports, and they’re losing them like at numbers nobody can believe. They were really training grounds, beautiful training grounds, hard-working, wonderful young people. They were training grounds for the Olympics.

“And a lot of these sports that were training so well would win gold medals because of it. Those sports don’t exist because they’re putting all their money into football. And by the way, they’re putting too much money into it, into football.”

President Trump noted that the top-performing athletic programs aren’t making enough money to sustain themselves, given the rate at which they’re paying highly sought-after players.

Jack Sawyer, Donald Trump and Ryan Day side by side

U.S. President Donald Trump stands with Ohio State Head Coach Ryan Day as he welcomes the 2025 College Football National Champions from Ohio State University to the White House during a ceremony on the south lawn in Washington, District of Columbia, on April 14, 2025. Ohio State won the national championship by defeating Notre Dame 34-23. (Win McNamee/Getty Images)

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“They’re putting all of their money in, and I know something about it,” President Trump said. “They will not be able to stop. You have a college president [saying], “I’m telling you, sir, we give a guard $7 million, we’re going to win the national championship,’ and they’ll give them seven, then they won’t win it.

“And even if they do win it, colleges cannot afford to be paying the kind of salaries that you’re hearing about.”

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Kirk Herbstreit honors Arch Manning with major college football award

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The 2025 college football regular season is over and the time is now for ESPN analyst Kirk Herbstreit to hand out his personal awards for the year ahead of what’s sure to be an entertaining postseason. He calls them the Herbie Awards, which are given out to worthy somebodies across various categories.

For instance, you can go read who Herbstreit selected as his Offensive Player of the Year right here. But one of the awards Herbstreit came up with was called the Redemption Player of the Year, which he said is intended to award a guy who bounced back from an injury, a poor season the year before, or even someone who showed extraordinary growth from Week 1 to Week 14.

He nominated three players for the honor: Texas quarterback Arch Manning, Alabama linebacker Deonte Lawson, and Notre Dame defensive end Boubacar Traore. As you should already know, Herbstreit opted to give the Redemption Player of the Year honor to the most famous name in college football, Arch Manning, for navigating a difficult year into a very positive finish for he and the Longhorn program.

“I think he came in with unrealistic expectations,” Herbstreit said of the Texas QB. “When this season started, people were talking about, ‘He’s going to win the Heisman Trophy. He’s better than Payton. He’s better than Eli. He’s better than his grandpa. He’s going to win a national championship. It’ll be the first pick next year in the draft.'”

Texas Longhorns quarterback Arch Manning throws a pass

Texas Longhorns quarterback Arch Manning throws a pass | Scott Wachter-Imagn Images

Obviously, the season didn’t turn out that rosy. For Herbstreit, it was seeing Manning undergo the ego hit and the piling on of critics but still turn his season around to finish so strong that impressed him so much.

“When that didn’t pan out in the first half of the season, people were very, very critical,” Herbstreit continued. To his credit, he blocked all of that out. Didn’t take any of it personally. If anything, I think it motivated him to go out and help his teammates win games. And I was really happy for him enduring that and coming out on the other side.”

In his first year as the full-time starter, Manning finished with just under 3,000 total passing yards while guiding Texas to a solid 9-3 season given the harsh schedule they were saddled with. After some early-season offensive struggles and two losses in their first five games, Manning and the Longhorn offense hit a groove as the Longhorns won six of their last seven.

Across Texas’ final five games, Arch Manning threw for 300+ yards in three wins against Mississippi State, Arkansas and Vanderbilt, and then led a 27-point outing and scored two touchdowns, one passing and one rushing, to lead Texas over rival Texas A&M.

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