Can Kaepernick prove collusion is keeping him out of the NFL?

(CBS Sacramento) -- Let’s assume that Colin Kaepernick is better than several quarterbacks — backups, and even starters — who have managed to find jobs on NFL rosters this season.

(He is.)

And let’s also say that teams refused to sign Kaepernick not because he isn’t good enough, but because he decided to kneel during the national anthem to protest racial injustice in America.

(That, too.)

It still isn’t enough for the former San Francisco 49ers quarterback to win the grievance he filed against the NFL on Sunday. To prove collusion, Kaepernick will need hard evidence that owners worked together — rather than decided individually — to keep him out of the league.

“We come to the distinction between collusion and what each individual team does as a matter of its business interests,” said Alfred Yen, who teaches sports law at Boston College Law School.

“If it turns out that all (32) teams have it in their business interest to do the same thing, so be it,” he said. “After all, all teams have it in their interests not to employ me as their starting quarterback. And that’s OK.”

MORE: Read the full story at CBS Sacramento

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