NCAA LSDBi

Division I Proposal - R-2018-1

AUTONOMY RESOLUTION: ROLE OF AGENTS IN ASSISTING STUDENT-ATHLETES WITH CAREER PLANNING AND DECISION MAKING

Status: Adopted Final

Resolution:

Whereas, the Presidential Boards of Directors of the Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference and Southeastern Conference (Autonomy Five Conferences) have adopted a vision for an effective intercollegiate athletics system that fully meets the needs and expectations of student-athletes in the 21st Century.

Whereas, the Autonomy Five Conferences have been granted autonomy to implement that vision by creating the optimal student-athlete experience in a fully integrated collegiate model in which athletics and academics are appropriately balanced.

Whereas, the NCAA, in approving the autonomy jurisdiction of the Autonomy Five Conferences, designated certain areas as within the Autonomy Five Conferences’ jurisdiction, including the bylaws related to the role of agents and advisors in assisting student-athletes with career planning and decision making.

Whereas, the Autonomy Five Conferences have previously resolved (through Proposal No. R-2014-1) to examine the issues and deliver for adoption substantive legislative proposals that redefine rules concerning agents and advisors to assist student-athletes with career planning and decision making. 

Whereas, an April 2018 assembly of representatives from the Autonomy Five Conferences, which was inclusive of athletics directors, senior woman administrators, faculty representatives, and student-athletes from each conference, resulted in broad consensus for the following principles to guide reform in this area:

  • Individuals should be allowed to explore whether to turn professional without jeopardizing collegiate eligibility and allowed to have access to the most accurate and reliable information available.
  • Merely availing oneself of the services of an agent in furtherance of the above process should not, as an act in and of itself, jeopardize collegiate eligibility, but some regulation in this area is appropriate and should be inclusive of the following:
  • Within the context of higher education and the collegiate model, and in the interest of an institutional responsibility to help students make good career-related decisions (i.e., consistent with the priority of serving the best interests of students), there should be some oversight or institutional involvement that serves this purpose for students who choose to use the services of an agent, as opposed to moving into an environment where individuals may use the services of agents without any level of oversight or institutional involvement.
  • Access to agents as contemplated above should be limited to specific windows of time as deemed appropriate based on the given sport (i.e., in light of when the decision-making process plays out in a given sport) while also taking into consideration academic implications as well as issues of roster management (i.e., the need to know whether a student will return or not), which has implications for the returning students who are not actively considering whether to turn professional.
  • Financial considerations associated with access to agents as contemplated above should be set forth with (1) openness to authorizing benefits associated with the decision-making process (e.g., tryout expenses, meal expenses in conjunction with a meeting, opportunity to purchase loss-of-value insurance), and (2) no openness to authorizing an open-ended supply of benefits (e.g., loans, cars, etc.) from agents or prospective agents. 
  • Subject to the windows of time during which access to agents would be appropriate as referenced above, there is otherwise no reason to make distinctions between pre- and post-enrollment within the context of access to agents.
  • With the understanding that sport-specific distinctions may be necessary due to timing issues, someone should be permitted to enter a draft and be drafted without jeopardizing collegiate eligibility, provided he or she does not enter into a professional contract (i.e., the mere act of entering a draft and the occurrence of being drafted should not, in and of itself, jeopardize collegiate eligibility).
  • An individual should be permitted to engage in professional tryouts and contract negotiations without jeopardizing collegiate eligibility, provided he or she does not enter into a professional contract.
  •  The appropriate perspective of NCAA staff in this context should be directed toward an education/support-based focus rather than an enforcement-based focus.

Now, Therefore, Be It Resolved, that the 65 institutions of the Autonomy Five Conferences commit to bring forward specific legislative proposals that will redefine rules concerning agents and advisors to assist student-athletes with career planning and decision making, which are consistent with the principles set forth above for intended adoption no later than the 2020 NCAA Convention.

Be It Further Resolved, that the 65 member institutions of the Autonomy Five Conferences shall work with the Division I Council, other member institutions, and other relevant organizations, as needed, to bring forward legislative proposals regarding tryouts with professional teams, and proposals in any other area of legislation applicable to the career-related decision process contemplated within this resolution, for intended adoption no later than the 2020 NCAA Convention. 

Source: Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference and Southeastern Conference

Proposal Category: Resolution

Topical Area: Amateurism

History

Nov 1, 2018: Submitted to National Office
Nov 15, 2018: In Progress
Dec 14, 2018: Ready for Vote
Jan 24, 2019: Adopted Final

Legislative References

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References