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Cabinet seeks to better define agents - NCAA.com


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Cabinet seeks to better define agents

Would include third parties who shop prospects to institutions

Gary  Brown, NCAA
Last Updated - July 26, 2011 12:24 GMT
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An expanded  definition of agents proposed by the Division I Amateurism Cabinet would include third-party influences,
including family members, who market student-athletes' athletics ability or reputation for personal financial gain.

The cabinet at its recent meeting in Indianapolis agreed to sponsor legislation for the 2011-12 cycle that would define
agents as individuals who either directly or indirectly:

* Represent or attempt to represent a prospective or current student-athlete in the marketing of his or her athletics
ability or reputation for financial gain; or

* Seek to obtain any type of financial gain or benefit from securing a prospect's enrollment at an institution or a student-
athlete's potential earnings as a professional athlete.

The new  definition would include certified contract advisors, financial advisors, marketing representatives, brand
managers  or anyone who is employed by or associated with such individuals.


http://www.ncaa.com/news/ncaa/2011-07-26/cabinet-seeks-better-defi...


NEXT  STEPS

* The Amateurism Cabinet's proposal Is
reviewed by the Division I Leadership
Council on Aug. 2.

* The proposal enters the Division I
legislative cycle for 2011-12.

* The Division I Legislative Council gives
the proposal its initial review in January, at
which time it could approve the proposal
or send it out for membership comment
and then reconsider it for final approval in
April 2012. The proposal carries an
inmediate effective date.


The new  definition also would apply to third parties, including farily
members,  who shop prospects to various institutions for personal
financial gain. In the past, the agent definition applied generally to
third parties marketing an athlete's skills to a professional sports
team. The cabineft proposal expands the definition to include
people marketing athletics skills to a collegiate institution for
personal gain.

The cabinet's report was careful to distinguish between parents with
legitimate inquiries and those who are acting improperly. The report
said: The cabinet noted that this proposal is not meant to capture
parents or legal guardians, athletics department staff members,
former teammates or those individuals who have the best interests of
a prospective student-athlete or student-athlete in mind from
assisting or providing information to a prospective student-athlete or
student-athlete provided they do not intend to receive a financial
gain for their assistance.


                                              NCA   President Mark Emmert made the agent issue a top priority in
his first State of the Association presentation at the 2011 NCMConvention. Ifs wrong for parents to sell the athletic
services of their student-athletes to a university, and we need to make sure that we have rules to stop that problem,
Emmert  said. Student-athletes are students. They're not professionals. And we're not going to pay them. And we're
not going to allow other people to pay them to play.

Amateurism Cabinet chair Mike Rogers, the faculty athletics representative at Baylor, called the NCA~s current agent
regulations under-inclusive. He said the cabinet believes an expanded definition is needed to capture an industry of
individuals, including runners, financial advisors, marketing representatives, business managers, brand managers and
street agents who act as brokers for their own personal financial gain.

Historically, Rogers said, contract advisors recruited student-athletes individually and late in their careers when they
were transitioning from collegiate sports to the professional ranks. Over the years, though, as pro salaries have risen
and the notoriety of elite student-athletes has increased with scouting and media exposure, the interest of outside third
parties has become greater than ever.

Although many governing bodies have attempted to impose regulations on these individuals and their activities, the
competitive nature of the industry has resulted in finding ways to skirt the rules. These third parties operate free of any
governing body's jurisdiction, and historically they do not trigger the NCAAdefinition of an agent. For the NCMto
regulate these individuals, the cabinet believes the definition of an agent must be expanded.

The proposal comes  after months of review and discussion from both the cabinet and the Division I Leadership
Council, which will review the cabinet's proposal at its Aug. 2 meeting.

Both groups began discussing the issue at length within the last year. While agent issues aren't new to the NCM
membership,  several high-profile cases over the last year raised the bar on regulating them. Soon after taking the reins
of the enforcement program last fall In fact, new NCAAMce President Julie Roe Lach heard from the membership that
the interaction among agents and agent representatives and student-athletes was a primary concern.

Rogers  said the cabinet acknowledged some of the concerns about expanding the definition, such as making it so
broad that it could mistakenly sweep up high school and even college coaches who actually had the best interests of
their student-athletes in mind (a previous attempt from the NFLINFLPA/AFCAworking group generated that reaction).
The  NCM   enforcement staff has said, though, that the financial gain a person received for representing a student-


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12/5/2011 1:30 PM


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