Swarbrick was pro-NIL (or equivalent) many years before the Alford case was adjudicated. If a CEO does a shitty job he doesn't get absolved of responsibility just because he was appointed by a Board of Directors or elected by shareholders. Emmert scaled back enforcement/compliance and did nothing to guide the NCAA towards a sustainable model. That's why we've got the wild west right now. A responsible leader would've successfully lobbied for legislation 5+ years before Alford forced their hands.
Emmert scaled back enforcement because the UNC case revealed the NCAA is the emperor with no clothes. All enforcing rules would do is run up legal costs while they get hammered by every challenge in court.
On Swarbrick, it’s great he’s pro-NIL. Unfortunately anyone monitoring this knew an Olympic model would instantly lead to acquisition fees (I.e. pay for play). Swarbrick and Jenkins should have been recruiting like minded institutions years ago to break away from the NCAA and set up a more financially equitable model for all parties (institutions and players) that was legally stable. This is even more true for JS who is an experienced lawyer and knew what would eventually happen in court. In fact, I believe Jenkins said something similar in a recent interview where he said they’re now talking with other like minded schools on how to remedy the current environment.
The rub here is that all of these schools, ND included, can’t turn off the financial spigot cfb provides. Jenkins has said in the past ND won’t participate in a player employment model (which is where this whole thing is going as everyone as noted), however, good luck turning down the $75-$100 million annual paycheck from NBC not to mention the gate revenue, merchandise revenue, etc. Is ND drawing 70k in fans in a conference consisting of Duke, Vandy, NW, Stanford, etc.?