TCU Horned Frogs
Agents TCU Athletics Compliance Main Page

2012-13 Financial Advisor Registration Form

2012-13 Long Form Agent or Advisor Registration Form

2012-13 Agent Renewal Registration Form

The Athletics Department has adopted the following regulations and standards at Texas Christian University (TCU) in compliance with The Athlete Agent Act, Tex. Rev. Civ.Ann.Art.8871 and amended by SB 1190.

Texas Athlete Agents Act
Implementation
The act shall be implemented and administered by the Office of Athletics Compliance with oversight from the Professional Sports Counseling Panel. Leo Munson, Associate Vice Chancellor for Academic Affairs shall be the Chairperson of the Panel.

Agent Eligibility Standards
Football - To be eligible to participate in an interview program for Football at TCU, an agent:
1. Shall be registered as an athlete agent pursuant to the State of Texas Athlete Agent Act; and
2. Shall be certified as an agent by the National Football League Players Association (NFLPA); and
3. Shall comply with all supplemental oral and/or written instructions from Athletics Department personnel

Men's and Women's Basketball - To be eligible to participate in an interview program for Men's and Women's basketball at TCU, an agent:
1. Shall be registered as an athlete agent pursuant to the State of Texas Athlete Agent Act; and
2. Shall be certified by the National Basketball Players Association (NBPA), Women's National Basketball Association (WNBA), American Basketball League (ABL); and
3. Shall comply with all supplemental oral and/or written instruction from Athletic Department Personnel

Other Sports - To be eligible to participate in an interview program for sports other than football and basketball at TCU, an agent:
1. Shall be registered as an athlete agent pursuant to the State of Texas Athlete Agent Act; and
2. Shall comply with all supplemental and/or written instruction from athletic department personnel

An agent who commits a violation of any of the above standards in this Section II shall not be eligible to participate in future interview programs despite compliance with Section II above.

Interview Process
The following shall be standards set for the interview process between athlete agents and athletes at Texas Christian University, an institution of higher learning, hereafter referred to as TCU. Definitions of athlete and athlete agent are consistent with those outlined in the State of Texas Athletes Agent Act. The provisions set forth in this document shall address the guidelines for the contact of athletes in the sports of football, men's basketball, women's basketball and all other sports.

The coordinator for agent interviews is Jessica Hazard, Compliance Coordinator at TCU. All correspondence to the coordinator shall be directed to the TCU Athletics Compliance Office: TCU Athletics Department Attn: Jessica Hazard, TCU Box 297620, Fort Worth, TX 76129. Telephone inquiries will be taken at (817) 257-5522, while faxed material can be transmitted to (817) 257-7787. Correspondence or inquiries directed toward any other party not specifically identified in this document should constitute a breach of protocol and result in:
1. No responsibility by TCU to respond to said inquiry
2. Notification to athlete agent of violations of standards of contract
3. Possible exclusion of athlete agent from interview process

The agent coordinator shall oversee the conduct of athlete agents for the aforementioned sports at TCU.

Note: Student-Athletes may not be contacted outside these designated interview periods until such Student-Athlete's collegiate eligibility has expired.

Interview Standards for All Sports
The interview process shall be conducted on TCU's designated agent day(s), to be held on a date(s) to be determined in the summer. At no time shall an interview be conducted when it causes the athlete to miss:
1. Class or related academic requirements
2. Study hall or review sessions
3. Other mandatory meetings designated prior to interview week

Please note that every effort will be made to make athletes available for scheduled interviews.

All interviews shall be conducted within the confines of the Athletics Department facilities as designated by the Office of Athletics Compliance. Areas will be cleared of distraction and made suitable for a professional and productive interview. Other areas may be designated by the Coordinator if it is in the best interest of all parties involved. At no time shall an interview be conducted off campus.

In order to schedule an interview, the athlete agent must contact the interview coordinator no later than two weeks prior to the designated interview period. Be advised interviews will be at the discretion of the athlete and failure to accept or show for an interview will in no way constitute a failure to comply with the Athletes Agent Act on the part of TCU. The athlete agent should have the names of the athletes he wishes to meet with and the time he would prefer to meet with selected athletes. The Office of Athletics Compliance will verify the time and place of the interview with the athlete and convey the same information to the athlete agent by phone and mail.

Agents may meet with all seniors at one time or individually. Interviews shall be limited to 45 minutes with individuals and one hour with groups. Athletes may fill out questionnaires during the interview, but will be instructed not to give out any phone numbers or addresses. All mail should be directed to the athlete in care of the Office of Athletics Compliance. Athlete agent shall make no phone calls to athlete until completion of final game, to include any bowl game of senior year.

Violations of athlete agent policy shall result in penalties as outlined in the Athletes Agent Act as well as exclusion from future interviews.

Agents Information
General Principle
NCAA Bylaw 12.01.2 indicates that member institution's athletics programs are designed to be an integral part of the educational program and the student-athlete is considered an integral part of the student body, thus maintaining a clear line of demarcation between college athletics and professional sports. In this regard, an amateur student-athlete is one who engages in a particular sport for the educational, physical, mental and social benefits derived there from, and for whom participation in that sport is an avocation. Accordingly, the following legislation and the interpretations relating to amateurism have been developed.

General Rule
General Rule: (Bylaw 12.3.1) 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.

1. Student-athlete signing an agreement with an attorney: A student-athlete is not permitted to sign an agreement with an attorney to represent the student-athlete in screening inquiries and analyzing offers from agents, inasmuch as the specific request is contrary to Bylaw 12.3.2 (representation by an agent). [89/01/27 staff minute, Item No. 1-(c)].

2. The relationship between student-athlete and lawyer who contacted professional football teams on the student-athletes behalf. The staff agreed that an agency relationship existed between a student-athlete and a lawyer, contrary to the provisions of Bylaw 12.3.2 in a situation in which the student-athlete received a "tryout" with one professional team as a result of the lawyers efforts, and the student-athlete and the lawyer communicated with each other over a five-minute period regarding the reaction of the professional teams. [87/08/14 staff minute, Item No. 1- (c)]

Representation for Future Negotiations
(Bylaw 12.3.1.1) An individual shall be ineligible per Bylaw 13.3.1 if he or she enters into a verbal or written agreement with an agent for representation in future professional sports negotiations that are to take place after the individual has completed his or her eligibility in that sport.

Benefits from Prospective Agents
Benefits from prospective agents: (Bylaw 12.3.1.2) An individual shall be ineligible per Bylaw 12.3.1 if he or she (or his or her relatives or friends) accepts transportation or other benefits from any person who wished to represent the individual in the marketing of his or her athletics skill and is an extra benefit not available to the student body in general.

1. For example, a student-athlete would jeopardize his or her intercollegiate eligibility in a particular sport if he or she accepts transportation (or other benefits) from a prospective agent from the member institution's campus to the prospective agent's office to discuss services the agent could provide to the student-athlete.

2. Agent signs a student-athlete who is a multi sport participant: A student-athlete may sign an agent contract for a particular sport, but by doing so the student-athlete would render himself or herself ineligible for that sport, further in such a case, the agent may begin providing services related to that sport only, and the agent could not provide the student-athlete with any benefits, entertainment or compensation of any kind as the provisions of Bylaw 16.12.1 are not specified. If the student-athlete receives compensation for signing with an agent for a particular sport, the student-athlete's institutional financial aid must be gradated accordingly. [87/12/18 staff minute, Item No. 1-(e)]

3. Receipt of money from an agent: A student-athlete who receives money (or other benefits) from an agent who is representing the student-athlete only in a particular sport would remain eligible to participate in a second sport at the member institution. Under such circumstances, the student-athlete's financial aid would be required to be gradated in an amount equal to the loan or the value of the benefits. [91/01/26 IC, Item No. 1]

4. Agent charging a fee to a student-athlete on deferred payment schedule: A student-athlete jeopardizes his or her eligibility if an agent provides advice to the student-athlete about a professional contract with the understanding that the student athlete will pay the agent for such services once the student-athlete has been drafted by the professional sports organization, regardless of the fact that the agent provides the service only to student-athletes and has the same fee arrangement for all client. [92/12/16 staff minute, Item No. 1-(a)]

Legal Counsel
(Bylaw 12.3.2) Securing advice form 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.

1. Advice from individuals other than attorneys: This legislation (bylaw 12.3.2) was not intended to restrict individuals other than lawyers (e.g., financial consultants, family friends) from giving advice regarding professional contracts. Advice may be secured from an individual under these circumstances concerning a proposed contract, provided the individual in turn does not represent the student-athlete in negotiations for such a contract. [87/07/08 IC, Item No. 10].

2. Attorneys and professional contracts: The background and original purpose of Bylaw 12.3.2 that permits a student-athlete to secure advice from a lawyer concerning a professional sports contract:

In 1974, NCAA members recognized that student-athletes might need legal advice to assist them in understanding and evaluating professional sports contract offers made to them while they had eligibility remaining. Accordingly, member institutions adopted the current clause of Bylaw 12.3.2 that permits a student-athlete to seek advice from a lawyer, provided the lawyer does not represent the student-athlete in negotiations for a professional sports contract.

It was noted on the NCAA convention floor during consideration of the proposal that a student-athlete may seek the advice of a lawyer relative to future negotiations or discussions of the individual's professional aspirations, so long as the lawyer does not become actively involved in negotiations with the professional team or organization. The legislation was intended to provide an opportunity for a student-athlete to receive advice so that he or she could understand a contract offer, but it was not intended to involve the lawyer in direct contact with a professional organization.

Since the adoption of this legislation, more and more agent-attorneys have used the language to become involved actively in actual contract discussions with professional sports organizations to communicate all contract offers to a particular student-athlete through them while at the same time insisting that they are not representing the student in contract negotiations.

The legislation does not deny an individual the opportunity to seek competent legal counsel to review the terms of a proposed professional contract and to assist the individual in understanding those terms, nor does it deny an individual the opportunity to be represented by legal counsel if he or she chooses to negotiate a professional contract and forgo his or her remaining eligibility. It does indicate that once a student-athlete decides to have legal counsel and contact the professional club concerning the contract offer, the individual has agreed to be represented by an agent in the marketing of his or her athletic talent, and no longer is eligible per Bylaw 12.3.2 [84/05/09 LA Column No. 7]

3. Advice from a lawyer or agent concerning a proposed professional contract: A lawyer or agent may provide advice to an individual regarding the merits of a proposed contract without jeopardizing the individual's amateur status, provided he or she has no contact and does not market the individual's athletic ability or reputation in a particular sport. [89/06/30 staff minute, Item No. 1-(f)]

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.

For example: If an individual was drafted by a major league baseball team and offered a contract, his advisor would not be permitted to negotiate with a professional team. In this regard, however, the attorney could provide advice to the individual in private regarding the merits of the contract. If the individual, in turn, elected not to accept the terms of the contract, he could negotiate the terms of the contract with the professional team by himself or with the assistance of his parents or the institution's professional sports counseling panel.

Amateur Status & Negotiations
Amateur Status
An individual loses amateur status an thus shall not be eligible for intercollegiate competition in a particular sport if the individual:

A. Uses his or her athletic skill (directly or indirectly) for pay in any form in that sport (e.g., receipt of payment from agents or for participation in exhibitions or post season all-star contests). [B 12.1.1-(a)]
B. Accepts a promise of pay even if such pay is to be received following completion of intercollegiate athletics participation. [B 12.1.1-(b)]
C. Signs a contract or commitment of any kind to play professional athletics, regardless of its legal enforceability or any consideration received. [B 12.1.1 - (c)]

1. Legal enforceability of a contract: A student-athlete in the sport of football at an institution was declared ineligible per bylaw 12.3.1, inasmuch as he signed an agreement with a Canadian agent to play Canadian professional football, even though the institution argued that the agent intentionally misrepresented the matter, thus making the agreement void. Members of the council noted that the student-athlete clearly had signed the agreement and the fact that he may have been misled by the agent would be a mitigating factor to be considered by the NCAA Council Subcommittee on Eligibility Appeals in determining whether to restore eligibility. [80/10/15 Ad. Comm.]

2. Contractual arrangements for participation in a certified college all-star contest: Prior to the conclusion of an individual's collegiate eligibility in a particular sport, a student-athlete or his or her director of athletics may enter into a contract guaranteeing the participation of the student-athlete in a certified all-star contest, provided all student-athletes in the all-star contest will receive only actual and necessary expenses for their participation. [89/10/18 staff minutes, Item No. 1-(i)]

D. 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 or participation, except as permitted by the NCAA rules and regulations. [B 12.1.1-(d)]

E. 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. [B 12.1.1-(e)]

F. Enters into a professional draft or an agreement with an agent or other entity to negotiate a professional contract. [B 12.1.1-(f)]

Negotiations
[Bylaw 12.2.4.2] 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.

Professional Draft & Tryouts
Inquiry
An individual may inquire about eligibility for a professional-league player draft without affecting his or her amateur status.

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 [B 12.2.4.2]:
1. The individual asks that his or her name be withdrawn from the draft list prior to the actual draft. [B 12.2.4.2-(a)]
Student-athlete requested to be on the supplemental draft list: The provisions of Bylaws 12.2.4 and 12.2.5 would "professionalize" a student-athlete with eligibility remaining who requested that the National Football League (NFL) include his name on a supplemental draft list, and who completed and returned a "Petition for Special Eligibility" to the NFL, although the student-athlete received no confirmation of these arrangements from the league and subsequently withdrew his name from the draft list. [88/08/11 IC minute, Item No. 3]

2. The individual's name on the list but he or she is not drafted. [B 12.2.4.2 (b)]

3. The individual is drafted but does not sign an agreement with any professional athletics team. [B 12.2.4.2 - (c)]

Tryout Prior to Enrollment
A student-athlete remains eligible in a sport even though prior to enrollment in a collegiate institution, the student-athlete may have tried out with a professional athletics team in a sport or received not more than one expense-paid visit from any one professional organization in a sport, provided such a visit did not exceed 48 hours and any payment compensation in connection with the visit was not in excess of actual and necessary expenses. A self-financed tryout may be for any length of time. [B 12.2.1.1]

1. Number of professional teams that may provide expenses for tryouts per Bylaw 12: An individual student athlete would be permitted to receive an expense paid tryout in a particular sport from more than one professional team in a league without jeopardizing his or her eligibility in a sport; confirmed that the student-athlete would not be permitted to receive more than one expense-paid visit from the same professional team. [89/12/10 IC minute, Item No. 4]

Tryout After Enrollment
A student-athlete shall not tryout with a professional athletics team in a sport or permit a professional athletics team to conduct medical examinations during any part of the academic year (i.e., from the beginning of the fall term through the completion of the spring term, including ant intervening vacation period) wile enrolled in a collegiate institution as a regular student in at least a minimum full-time academic load, unless the student-athlete has exhausted eligibility in that sport. The student-athlete may tryout with a professional organization in a sport during the summer or during the academic year while not a full-time student, provided the student-athlete does not receive any form of expenses or other compensation from the professional organization. [B 12.2.1.2]

1. Medical examination exception: A professional league's scouting bureau is permitted to conduct one medical examination per student-athlete during the academic year without jeopardizing the student-athlete's eligibility in that sport, provided the examination does not occur off campus. [B 12.2.1.2.1]

Outside Competition Prohibitied
During a tryout, an individual may not take part in any outside competition (games or scrimmages) as a representative of a professional team. [B 12.2.1.3]

Professional Team Representative at a College Practice
A tryout with a professional team is not considered to have occurred when a representative of a professional football team visits a member institution during the academic year and evaluates a student-athlete while the institution is conducting a regular practice session that includes physical activities (e.g., speed drills, agility tests, strength tests), provided these activities are normally a part of regular practice sessions and take place during such sessions. [B 12.2.1.4]

1. Timing and Testing of Student-Athletes: It would be permissible for a member institution to notify a professional organization of the date on which the timing and testing of student-athletes (as part of the regular practice session, physical education/fitness class or off-season conditioning program session) is to be conducted. It is not permissible for a professional sports organization to assist in the planning or conducting of these sessions; also, a coach may not test only a select group of student-athletes during these sessions.