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
Agent Eligibility Standards
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:
Other Sports: To be eligible to participate in an interview program for sports other than football and basketball at TCU, an agent:
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.
The coordinator for agent interviews is Alison Browning, Assistant Director for Compliance at TCU. All correspondence to the coordinator shall be directed to the TCU Athletics Compliance Office: TCU Athletics Department Attn: Alison Browning, TCU Box 297620, Fort Worth, TX 76129. She can also be reached at Alison.Browning@tcu.edu. Telephone inquiries will be taken at (817) 257-4264, 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:
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
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.
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
Benefits from Prospective Agents
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)]
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
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
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)]
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)]
Professional Draft & Tryouts
2. The individual's name on the list but he or she is not drafted. [B 18.104.22.168 (b)]
3. The individual is drafted but does not sign an agreement with any professional athletics team. [B 22.214.171.124 - (c)]
Tryout Prior to Enrollment
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
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 126.96.36.199.1]
Outside Competition Prohibitied
Professional Team Representative at a College Practice
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.
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