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Report 1 (November 7-8, 2014)

handle is hein.nccusl/nccpub4385 and id is 1 raw text is: DRAFTING COMMITTEE CHAIR REPORT Submitted by Dale G. Higer, Chair Committee Name: Drafting Committee to Amend the Uniform Athlete Agents Act Dates and Location of Committee Meeting: November 7-8, 2014, Washington. D.C. Committee members present: Robert G. Bailey, Levi J. Benton, John L. Carroll, Dale G. Higer, Kieran Marion, Thomas J. McCracken, John T. McGarvey, Anne L. McGihon by phone on Friday, Donald E. Mielke, Rebecca Rockwell and Jerry L. Bassett, Reporter Ex Officio members present: Harriet Lansing, Richard T. Cassidy and Steven N. Leitess Staff Liaison: Terry Morrow ABA advisors absent: Michael P. Barnes Observers present: John Black, Joe Briggs on Friday AM, Edgar Burch, Crady R. deGolian by phone on Friday, Steve Fehr on Friday, Steve Glaze on Friday, Matthew Hanson, Jeff Hawkins on Friday, Chris Howard, Rodney S. Maddox, Paul Pogge, Kevin Rayburn, Leslie Reynolds, Julie Steinberg and Joyce D. Thompson Report on progress made and significant developments during the meeting: DISCUSSION OF ENFORCEMENT PROVISIONS Of the forty-two states that have adopted the UAAA, only nineteen have taken enforcement actions. One issue raised in previous discussions is that enforcement agencies do not know when a violation has occurred. The meeting draft added a provision requiring an educational institution to report violations of the UAAA to the enforcing agency in its state. Jerry Bassett and I were concerned that educational institutions would be reluctant to report a violation for fear that they may be sanctioned by the NCAA for the violation such as forfeiture of games played by an ineligible player, but have been convinced by representatives of the NCAA that its policy is not to punish an institution that reports a violation unless the institution did not take reasonable steps to prevent the violation or knew or should have known of the problem before they did. However, institutions may still have a concern that if they become whistle blowers, they may have a tougher time recruiting student-athletes. Joe Briggs, representing the NFL Players Association, stated his association requires student athletes to work with registered sports agents and requires the agent to disclose the states where the agent is registered. He said the NFLPA cannot tell in what state the recruitment occurred and what happened in the recruitment process. If the NFLPA learns that a sports agent certified by the NFLPA is recruiting in a state where he is not registered, then this is reported to the legal department of the NFLPA for 1

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