A. NCAA Bylaw
12.01.2 indicates that member institutions' athletics programs are designed
to be an integral part of the educational program and the student-athlete
is considered an integral part of the student body, thus maintaining a clear
line of demarcation between college athletics and professional sports. In
this regard, an amateur student-athlete is one who engages in a particular
sport for the educational, physical, mental and social benefits derived there
from, and for whom participation in that sport is an avocation. The following
legislation and interpretations relating to amateurism have been developed.
A. General
Rule. An individual shall be ineligible for participation in an intercollegiate
sport if he or she ever has agreed (orally or in writing) to be represented
by an agent for the purpose of marketing his or her athletics ability or reputation
in that sport. Further, an agency contract not specifically limited in writing
to a sport or particular sports shall be deemed applicable to all sports,
and the individual shall be ineligible to participate in any sport. [12.3.1]
i. Representative
for Future Negotiations: an individual shall be ineligible if he or
she enters into a verbal or written agreement with an agent for representation
in future professional sports negotiations that are to take place after
the individual has completed his or her eligibility in that sport.
ii. Benefits
from Prospective Agents: an individual shall be ineligible if he or
she (or his or her relative or friends) accepts transportation or other
benefits from:
1. Any person
who represents any individual in the marketing of his or her athletics
ability. The receipt of such expenses constitutes compensation based on
athletics skill and is an extra benefit not available to the student body
in general.
2. An agent,
even if the agent has indicated that he or she has no interest in representing
the student-athlete in the marketing of his or her athletics ability or
reputation and does not represent individuals in the student-athlete's
sport.
B. Legal
Counsel. Securing advice from a lawyer concerning a proposed professional
sports contract shall not be considered contracting for representation by
an agent under this rule, unless the lawyer also represents the student-athlete
in negotiations for such a contract. [12.3.2]
i. A lawyer
may not be present during discussions of a contract offer with a professional
organization or have any direct contact (i.e., in person, by telephone or
by mail) with a professional sports organization on behalf of the student-athlete.
A lawyer's presence during such discussions is considered representation
by an agent. [12.3.2.1]
ii. Advice
From Individuals Other Than Attorneys: This legislation (12.3.2) was not
intended to restrict individuals other than lawyers (e.g., financial consultants,
family friends) from giving advice regarding professional contracts. Advice
may be secured from any individual concerning a proposed contract, provided
the individual in turn does not represent the student-athlete in negotiations
for such a contract. [07/09/87 IC, Item No. 10]
iii. Advice
From a Lawyer or Agent Concerning a Proposed Professional Contract. A lawyer
or agent may provide advice to an individual regarding the merits of a proposed
contract without jeopardizing the individual's amateur status, provided
he or she has no contact with the professional sports organization, and
does not market the individual's athletics ability or reputation in a particular
sport. [06/30/89 Staff, item 1-f]
C. Professional
Sports Counseling Panels. It is permissible for an authorized institutional
professional sports counseling panel to:
i. Review a
proposed professional sports contract.
ii. Provide
information to enrolled student-athletes in regard to purchasing disability
insurance.
iii. Advise
a student-athlete about a future professional career.
iv. Communicate
directly (e.g., in-person, by mail or telephone) with representatives of
a professional athletics team to assist in securing a tryout with that team
for a student-athlete.
v. Assist a
student-athlete in the selection of an agent by participating with the student-athlete
in interviews of agents, by reviewing written information player agents
send to the student-athlete and by having direct communication with those
individuals who can comment about the abilities of an agent (e.g., other
agents, a professional league's players' association).
vi. Visit with
player agents or representatives of professional athletics teams to assist
a student-athlete in determining his or her market value (e.g., potential
salary, draft status).
