NCAA LSDBi

Division I Proposal - 2015-18

AUTONOMY PROPOSAL -- AMATEURISM -- USE OF AGENTS -- EXCEPTION -- BASEBALL -- PRIOR TO INITIAL FULL-TIME COLLEGIATE ENROLLMENT

Status: Adopted Final

Intent: In baseball, to specify that (1) Prior to full-time collegiate enrollment, an individual who is drafted by a professional baseball team may be represented by an agent or attorney during contract negotiations; (2) The individual may not receive benefits (other than representation) from the agent or attorney and must pay the going rate for the representation; and (3) If the individual does not sign a contract with the professional team, the agreement for representation with the agent or attorney must be terminated prior to full-time collegiate enrollment.

Bylaws: Amend 12.3, as follows:

12.3 Use of Agents. [A]

12.3.1 General Rule. [A] 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.

12.3.1.1 Exception -- Baseball -- Prior to Full-Time Collegiate Enrollment. [A] In baseball, prior to full-time collegiate enrollment, an individual who is drafted by a professional baseball team may be represented by an agent or attorney during contract negotiations. The individual may not receive benefits (other than representation) from the agent or attorney and must pay the going rate for the representation. If the individual does not sign a contract with the professional team, the agreement for representation with the agent or attorney must be terminated prior to full-time collegiate enrollment.

[12.3.1.1 through 12.3.1.3 renumbered as 12.3.1.2 through 12.3.1.4, unchanged.]

[Remainder of 12.3 unchanged.]

Source: Big 12 Conference

Effective Date:Immediate

Proposal Category: Amendment

Topical Area: Amateurism and Athletics Eligibility

Rationale: Prospective student-athletes and their families, generally, have been advised that agents are not needed to negotiate an initial contract with a professional baseball team due to the salary slotting system. The reality is that very few prospective student-athletes or their families feel comfortable negotiating a professional contract with a professional team. On numerous occasions, prospective student-athletes have jeopardized their NCAA eligibility before receiving education regarding agents from member institutions. This proposal will provide prospective student-athletes and their families the opportunity to obtain professional advice and representation needed in order to make an informed decision. The proposal also is significant in that it would assist prospective student-athletes in disclosing agent/advisor relationships and to receive representation to ensure the decision is in their best interests.

Estimated Budget Impact: None.

Impact on Student-Athlete's Time (Academic and/or Athletics): None.

History

Aug 22, 2015: Submit; Submitted for consideration.
Sep 25, 2015: Comment Period; Start of Comment Period
Dec 1, 2015: Comment Period; End of Comment Period (Official Comment Totals: Support = 3, Oppose = 0, Abstain = 0)
Jan 15, 2016: Adopted; Final

Legislative References

Division Number Title
I 12.3 Use of Agents.
I 12.3.1 General Rule.
References