Sports Agents
Table of Contents
1. Notice to Sports Agents
2. NCAA Legislation Summary
3. Professional Drafts and Inquiries
Notice to Sports Agents
As part of the Texas Tech Athletic Compliance program, we are making a great effort to assist all those connected with the Texas Tech University Athletic Department in understanding certain areas of NCAA legislation. As a potential sports agent, financial advisor, or attorney for student-athletes, you should be familiar with certain NCAA regulations and their effect on the student-athlete's eligibility if they are not followed. Therefore, listed below you will find a brief summary of relevant NCAA legislation. Please feel free to share this information with any professional colleagues that you feel may benefit from this information. If you wish to contact a Texas Tech student-athlete regarding representation as a sport agent, you must first register with the State of Texas as part of the Texas Athlete Agent Act. You may do so by contacting Guy Joyner in the Office of the Secretary of State at (512) 475-0775, or write to:
Office of the Secretary of State
Statutory Documents Section
Legal Support
Athlete Agent Registration
PO Box 12887
Austin, TX 78711-2887
Once you have registered with the State of Texas, you may contact a student-athlete at Texas Tech ONLY through Mr. Shane Lyons, Associate Athletic Director-Compliance. You may call Mr. Lyons at (806) 742-3355 or 1-888-462-4412. Please send e-mail to athletics.compliance@ttu.edu.
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Student Athletes must retain Amateur Status
Eligibility for Intercollegiate Athletics
Bylaw 12.01.1 - Only an amateur student-athlete is eligible for intercollegiate athletic participation in a particular sport.
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Definition of Professional Athlete
Bylaw 12.02.4 - A professional athlete is one who receives any kind of payment, directly or indirectly, for athletics participation except as permitted by the governing legislation of the NCAA.
12.02.5 Professional Athletics Team. A professional team is any organized team that:
- Is a member of a recognized professional sports organization;
- Is directly supported or sponsored by a professional team or professional sports organization;
- Is a member of a playing league that is directly supported or sponsored by a professional team or professional sports organization; or
- Has an athlete receiving for his or her participation any kind of payment, directly or indirectly, from a professional team or professional sports organization.
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Ways an Individual Loses Amateur Status
Bylaw 12.1.1 - An individual loses amateur status and thus shall not be eligible for intercollegiate competition in a particular sport if the individual:
- Uses his or her athletics skill (directly or indirectly) for pay in any form in that sport;
- Accepts a promise of pay even if such pay is to be received following completion of intercollegiate athletics participation;
- Signs a contract or commitment of any kind to play professional athletics, regardless of its legal enforceability or any consideration received;
- 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 NCAA rules and regulations;
- 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; or
- Enters into a professional draft or an agreement with an agent or other entity to negotiate a professional contract. (See12.2.4.2.1 for exception related to the professional basketball draft.)
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Student-Athlete Securing Legal Counsel
Bylaw 12.3.2 - Securing advice from 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.
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Presence of 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.
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Receiving Benefits from a Prospective Agent
Bylaw 12.3.1.2 - An individual shall be ineligible per 12.3.1 if he or she (or his or her relatives or friends) accepts transportation or other benefits from any person wishing to represent the individual in the marketing of his or her athletics ability. The receipt of such expenses constitutes compensation based on athletics skill and is an extra benefit not available to the student body in general.
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Student-Athlete Receiving Free or Reduced Cost Services
Bylaw 16.12.2.2.1 - An athletics representative may not provide a student-athlete with professional services (for which a fee normally would be charged) without charge or at a reduced cost except as permitted elsewhere in this NCAA Bylaw. Professional services provided at less that the normal rate or at no expense to a student-athlete are considered an extra benefit unless they are available on the same basis to the general student body.
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Other Prohibited Benefits
Bylaw 16.12.2.3 - An institutional employee or representative of the institution's athletics interests may not provide a student-athlete with extra benefits or services, including, but not limited to:
- A loan of money;
- A guarantee of bond;
- The use of an automobile; or
- Signing or cosigning a note with an outside agency to arrange a loan.
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Student-Athlete Inquiring About Draft
12.2.4.1 An individual may inquire to a professional sports organization about eligibility for a professional-league player draft or request information about the individual's market value without affecting his or her amateur status.
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Student-Athlete Placed on Draft List
12.2.4.2 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:
- The individual asks that his or her name be withdrawn from the draft list prior to the actual draft;
- The individual's name remains on the list but he or she is not drafted; or
- The individual is drafted but does not sign an agreement with any professional athletics team.
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One Time Exception for Basketball Student-Athletes
12.2.4.2.1 A student-athlete in the sport of basketball may enter a professional league's draft one time during his or her collegiate career without jeopardizing eligibility in that sport, provided the student-athlete declares his or her intention to resume intercollegiate participation within 30 days after the draft. The student-athlete's declaration of intent shall be in writing to the institution's director of athletics.
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Student-Athlete Negotiating With Professional Organization
12.2.4.3 Negotiations 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. An individual who retains an agent shall
lose amateur status.
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