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Athletics Compliance:  Information for Potential Agents, Attorneys and Financial Advisors of Student-Athletes

   

The success of our intercollegiate athletics program at Texas Southern University relies heavily on the commitment of Tigers everywhere to abide by SWAC and NCAA rules and regulations. The Texas Southern University Department of Athletics is committed to maintaining a high level of achievement on the sports field and to operating within the rules and regulations set forth by the SWAC and the NCAA.

   

As part of the Texas Southern University Athletic Compliance program, we are making a great effort to assist all those connected with the Texas Southern University Athletic Department in understanding certain areas of NCAA legislation. As a potential sports agent, financial advisor or attorney for student-athletes, you should be familiar with certain NCAA regulations and their effect on the student-athlete's eligibility if they are not followed. Therefore, listed below you will find a brief summary of NCAA legislation along with a question and answer handout that is provided to the student-athletes at Texas Southern University. Please feel free to share this information with any professional colleagues that you feel may benefit from this information. If you wish to contact a Texas Southern University student-athlete regarding representation as a sport agent, you must first register with the State of Texas as part of the Texas Athlete Agent Act. You may do so by contacting Guy Joyner in the Office of the Secretary of State at (512) 475-0775, or write to:

   

Office of the Secretary of State

Statutory Documents Section

Legal Support

Athlete Agent Registration

PO Box 12887

Austin, TX 78711-2887

   

Once you have registered with the State of Texas, you may contact a student-athlete at Texas Southern University ONLY through Irvin Hall, Associate Athletic Director at (713) 313-6829.

If you have any questions regarding this or any other compliance issue, please feel free to contact Keith Davidson at the Athletic Compliance Office at (713) 313-7690, or by e-mail. Your cooperation and assistance can help position Texas Southern University and the intercollegiate athletics program for continued success!


 

Table of Contents

    

NCAA Legislation Summary

Professional Drafts and Inquiries


NCAA Legislation Summary

 

Eligibility for Intercollegiate Athletics

Bylaw 12.01.1 - Only an amateur student-athlete is eligible for intercollegiate athletic participation in a particular sport.

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Professional Athlete

Bylaw 12.02.4 - A professional athlete is one who receives any kind of payment, directly or indirectly, for athletics participation except as permitted by the governing legislation of the NCAA.

  

Bylaw 12.02.5 - Professional Athletics Team. A professional team is any organized team that:

  • Is a member of a recognized professional sports organization;

  • Is directly supported or sponsored by a professional team or professional sports organization;

  • Is a member of a playing league that is directly supported or sponsored by a professional team or professional sports organization; or

  • Has an athlete receiving for his or her participation any kind of payment, directly or indirectly, from a professional team or professional sports organization.

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Amateur Status

Bylaw 12.1.1 - An individual loses amateur status and thus shall not be eligible for intercollegiate competition in a particular sport if the individual:

  • Uses his or her athletics skill (directly or indirectly) for pay in any form in that sport;

  • Accepts a promise of pay even if such pay is to be received following completion of intercollegiate athletics participation;

  • Signs a contract or commitment of any kind to play professional athletics, regardless of it's legal enforceability or any consideration received;

  • Receives, directly or indirectly, a salary, reimbursement of expenses or any other form of financial assistance from a professional sports organization based upon athletics skill orparticipation, except as permitted by NCAA rules and regulations;

  • Competes on any professional athletics team and knows (or had reason to know) that the team is a professional athletics team (per 12.02.5), even if no pay or remuneration for expenses was received; or

  • Enters into a professional draft or an agreement with an agent or other entity to negotiate a professional contract. (See 12.2.4.2.1 for exception related to the professional basketball draft.)

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Legal Counsel

Bylaw 12.3.2 - 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.

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Presence of a Lawyer at Negotiations

Bylaw 12.3.2.1 - 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.

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Benefits from Prospective Agents

Bylaw 12.3.1.2 - An individual shall be ineligible per 12.3.1 if he or she (or his or her relatives or friends) accepts transportation or other benefits from any person wishing to represent the 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.

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Free or Reduced Cost Services

Bylaw 16.12.2.2.1 - An athletics representative may not provide a student-athlete with professional services (for which a fee normally would be charged) without charge or at a reduced cost except as permitted elsewhere in this NCAA Bylaw. Professional services provided at less that the normal rate or at no expense to a student-athlete are considered an extra benefit unless they are available on the same basis to the general student body.

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Other Prohibited Benefits

Bylaw 16.12.2.3 - An institutional employee or representative of the institution's athletics interests may not provide a student-athlete with extra benefits or services, including, but not limited to:

  • A loan of money;

  • A guarantee of bond;

  • The use of an automobile; or

  • Signing or cosigning a note with an outside agency to arrange a loan.

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Draft and Inquiry

12.2.4.1 Inquiry. An individual may inquire to a professional sports organization about eligibility for a professional-league player draft or request information about the individual's market value without affecting his or her amateur status.

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12.2.4.2 Draft List. An individual loses amateur status in a particular sport when the individual asks to be placed on the draft list or supplemental draft list of a professional league in that sport, even though:

  • The individual asks that his or her name be withdrawn from the draft list prior to the actual draft;

  • The individual's name remains on the list but he or she is not drafted; or

  • The individual is drafted but does not sign an agreement with any professional athletics team.

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12.2.4.2.1 Exception-Professional Basketball Draft.A student-athlete in the sport of basketball may enter a professional league's draft one time during his or her collegiate career without jeopardizing eligibility in that sport, provided the student-athlete declares his or her intention to resume intercollegiate participation within 30 days after the draft. The student-athlete's declaration of intent shall be in writing to the institution's director of athletics.

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12.2.4.3 Negotiations. An individual may request information about professional market value without affecting his or her amateur status. Further, the individual, his or her legal guardians or the institution's professional sports counseling panel may enter into negotiations with a professional sports organization without the loss of the individual's amateur status. An individual who retains an agent shall lose amateur status.

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