Wednesday, December 16, 2009

The NCAA Rules

NCAA eligibility will be jeopardized if a student-athlete or parent reaches a verbal or written agreement with an agent. It is permissible however for a student-athlete to have an advisor but not an agent, without jeopardizing his/her eligibility at an NCAA school. Under NCAA regulations, student-athletes and parents are permitted to receive advice form a lawyer or other individuals concerning a proposed professional sports contract, provided that the advisor does not represent the student-athlete directly in negotiations for the contract. In this regard, it is permissible for an advisor to discuss with a student-athlete or parent the merits of a proposed contract and provide suggestions about the type of offer a student-athlete should consider. In order to maintain NCAA eligibility at an NCAA school, however, a student-athlete may not use this advisor as a link between the student-athlete and the professional sports team. Rather, a student-athlete must view the advisor as an extension of the student-athlete’s own interests and not as a source to contact a professional team.

If a student-athlete uses the advisor as a direct contact with a professional team, the advisor shall be considered an agent, and the player may have jeopardized his or her eligibility at an NCAA school. For example, an advisor may not be present during discussions of a contract offer with a professional team or have direct contact (i.e., in person, by telephone, email or mail) with the professional sports team on a player’s behalf. Finally, it is important to note that in order to maintain eligibility at the NCAA school, if a player receives assistance from an advisor, the player or parent will be required to pay that advisor at his or her normal rate for such services. A student-athlete will be deemed ineligible if he/she accepts any transportation or other benefits from any person who wishes to represent such student-athlete in the marketing of his or her athletic ability. This rule does not prohibit a student-athlete from having a meal with someone who wishes to assist in negotiations, provided each party pays for the actual cost of any meals and arranges for transportation separately.

NCAA rules were changed in 1992 to allow a student-athlete, parent or legal guardian to negotiate directly with a professional league team. If a student-athlete reaches a written or verbal agreement for any portion of the terms of a professional contract, the student-athlete will have jeopardized his or her eligibility at an NCAA school. It has been noted that no matter how vigorously you may be persuaded that it is permissible to reach a verbal agreement for the terms of a contract, NCAA regulations do not permit a student-athlete to reach a verbal agreement for the terms of a contract. The receipt of any items of value will jeopardize a student-athlete’s eligibility at an NCAA school. In order for a student-athlete to retain NCAA eligibility, the student-athlete would not be permitted to receive any kind of entertainment expenses from the professional team. This includes the representative of the professional team purchasing a meal for the athlete or parents or paying expenses for the athlete to visit the city of the professional league team.

NCAA rules do permit, prior to collegiate enrolment, a student-athlete to receive an expense paid tryout with a professional league team, provided such a visit does not exceed 48 hours and any payment or compensation in connection with the visit is not in excess of actual and necessary expenses. Thus, a student-athlete may receive an expense paid visit from a professional team or professional combine, provided that the student-athlete participate in tryout activities that allow that club to evaluate the student-athlete. A student-athlete may receive such a visit either prior to or subsequent to a draft. Additionally, a student-athlete may try out at his/her own expense with any team for any length of time, provided the student-athlete ceases the tryout when he/she becomes a full-time student at any NCAA school.