Amateurism
Only an amateur student-athlete is eligible for intercollegiate athletics participation in a particular sport [NCAA Bylaw 12.01.1].
An individual loses amateur status and shall not be eligible for intercollegiate competition in a particular sport if the individual [NCAA Bylaw 12.1.1]:
1. Uses his or her athletics skill (directly or indirectly) for pay in any form in that sport
2. Accepts a promise of pay even if such pay is to be received following completion of intercollegiate athletics participation
3. Signs a contract or commitment of any kind to play professional athletics, regardless of it's legal enforceability or any consideration received
4. 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 regulations
5. Competes on any professional athletics team and knows (or had reason to know) that the team is a professional athletics team (per NCAA Bylaw 12.02.5), even if no pay or remuneration for expenses was received
6. Enters into a professional draft or an agreement with an agent or other entity to negotiate a professional contract (NCAA Bylaw 12.2.4.2.1 for exception related to professional basketball draft)
Prohibited Forms of Pay
"Pay" as used above includes, but is not limited to, the following:
1. Salary, Gratuity or Compensation. Any direct or indirect salary, gratuity or comparable compensation.
2. Division or Split of Surplus. Any division or split of surplus (bonuses, game receipts, etc.)
3. Educational Expenses not received from parents or legal guardians, unless otherwise permitted by NCAA regulations.
4. Educational expenses from an outside sports team or organization that are based in any degree upon the recipient's athletics ability even if funds are given to the institution to administer to the recipient.
5. Excessive or improper expenses, awards and benefits.
6. Cash or the equivalent thereof (e.g., trust fund) as an award for participation in competition at any time, even if such award is permitted under rules governing an amateur, noncollegiate event in which the individual is competing.
7. Expense incurred or awards received by an individual that are prohibited by the rules governing an amateur, noncollegiate event in which the individual is competing.
8. Expenses received from an outside amateur sports team or organization in excess of actual and necessary travel, room and board expenses, apparel and equipment for competition and practice held in preparation for such competition.
9. Payment to individual team members for unspecified or unitemized expenses beyond actual and necessary travel, room and board expenses for practice and competition.
10. Actual and necessary expenses or other form of compensation to participate in athletics competition (while not representing an educational institution) from a sponsor other than an individual upon whom the athlete is naturally or legally dependent or the nonprofessional organization that is sponsoring the competition.
11. Any payment, including actual and necessary expenses, conditioned on the individual's or team's place finish or performance or given on an incentive basis, or receipt of expenses in excess of the same reasonable amount for permissible expenses given to all participants involved in the competition.
12. Preferential treatment, benefits or services because of the individual's athletics reputation or skill or pay-back potential as a professional athlete, unless such treatments, benefits or services are permitted under NCAA regulations.
13. Participation for pay in competition that involves the use of overall athletics skill (e.g., "superstars" competition) constitutes a violation of NCAA amateur status and would render the individual ineligible for intercollegiate competition in all sports (NCAA Bylaw 12.1.1.1).
14. A student who accepts pay in any form for participation in "road racing" is ineligible for intercollegiate competition in cross country or track.
Professional in Another Sport
A professional athlete in one sport may represent a member institution in a different sport. However, the student-athlete cannot receive institutional financial aid in the second sport unless the student-athlete [NCAA Bylaw 12.1.4)]
1. Is no longer involved in professional athletics
2. Is not receiving any remuneration from a professional sports organization
3. Has no active contractual relationship with any professional athletics team
South Carolina Agent Regulations
Code Section 59-102-10-59-102-50
Enactment Date 1990
Definitions
Student-Athlete
An athlete who practices for or otherwise participates in intercollegiate athletics at a college or university that is located in this state.
Athlete Agent
A person who directly or indirectly recruits or solicits a student-athlete to enter into an agent contract, or who for a fee procures, often, promises, or attempts to obtain employment for a student-athlete with a professional sports team or as a professional athlete.
Agent Contract
A contract or agreement pursuant to which a student-athlete authorizes an athlete agent to represent him in the marketing of his athletics ability or reputation in a sport.
Registration
Each athlete agent shall register biennially with the Department of Consumer Affairs by submitting the form provided by the Department and paying a $300 fee.
Notification
A student-athlete who has not completed his last intercollegiate contest, including post season games and who enters into an agent contract shall notify the athletics department or the president of the college or university and the Administrator of the Department of Consumer Affairs. The notification must be in writing and must be after entering into the contest, whichever occurs first. An athlete agent who enters into an agent contract with a student-athlete of the type listed above must also provide notification in the same manner.
Contract
An agent contract must include a warning to the student-athlete about the potential loss of eligibility as a result of entering into such an agreement. The student -athlete may rescind the contract by giving written notice within ten days after the contractual relationship between the athlete agent and the student-athlete arises, or within 10 days after notification is received by the athletics director or the President of the student-athlete's college or university and the Administrator of the Department of Consumer Affairs.
The recession is effective upon repayment by the student-athlete to the athlete agent of any monetary amounts paid to the student-athlete by the athlete agent, exclusive of travel, lodging, meals, and entertainment or reimbursement for these items furnished by the athlete agent to the student-athlete.
The right of recession cannot be waived.
Prohibited Acts
An Athlete Agent May Not:
- Publish or cause to be published false or misleading information or advertisements nor give any false information or make false promises to an athlete concerning employment;
- Accept as a client a student-athlete referral by an employee of or coach for a college or university located in this exchange for the rendition of free legal services, the rendition of legal services for a reduced fee, or any other consideration;
- Enter into an agreement, written or oral, by which the athlete agent offers anything of value to an employee of or coach for a college or university located in this state in return for the referral of student-athlete clients by that employee or coach;
- Offer anything of value to induce a student-athlete to enter into an agreement by which the agent will represent the student-athlete;
- Negotiations regarding the agent's fee is not considered an inducement.
Conduct business as an athlete agent if the athlete's agent registration is suspended.
Penalties
A person who operates as an athlete agent without registering is guilty of a felony and, upon conviction, must be punished by a fine of $5,000 or by imprisonment for 5 years, or both.
A student-athlete who fails to provide notification as specified above or who postdates a contract is guilty of a misdemeanor and upon conviction must be punished by a fine of $1,000 or by imprisonment for one year, or both.
An athlete agent who fails to provide notification as specified above is guilty of a felony and upon conviction must be punished by a fine of $5,000 or by imprisonment for five years, or both.
Execution of a postdated contract by an athlete agent is unlawful and is a felony offense punishable by fine of $5,000 or by imprisonment, or both.
Actions for Damages
A student-athlete or athlete agent who enters into an agent contract and fails to provide notification to the requested parties is liable for damages to the college or university that result from the student-athlete's subsequent ineligibility. In addition to any damages awarded pursuant to this section, damages may be assessed in an equal amount to three times the value of the athletics scholarship during the student-athlete's period of eligibility.
Athlete Agents Registered
20 athlete agents registered (as of July 23, 1997)
State Contact Person
Danny Collins
Department of Consumer Affairs
P.O. Box 5757
Columbia, SC 29250-5757
(803) 734-4240
[The above is a summary of this state's athlete agent law (as of July 1997) complied by the NCAA Washington, D.C., office. The summary is intended only to provide an overview of the state law. For further information, readers should consult the applicable state code section.]
Do's and Don'ts During Your Collegiate Eligibility
DO'S
Student-athletes with remaining eligibility may engage in the following activities without jeopardizing their eligibility in that sport:
You may request information from a professional team or organization concerning your professional market value.
You are permitted to use your Head Coach to contact agents, professional sports teams or organizations on your behalf. (Please note: your Head Coach is not permitted to receive any compensation for such services.)
You may secure advice from an attorney or other third party concerning a proposed professional contract, provided the attorney or other third party does not represent you in negotiations for that contract. An attorney may not be present during any discussions of a contract offer with a professional team nor may the attorney have direct contact (e.g., in person, by telephone, by mail) with the professional sports organization on your behalf. An agent considers the presence of an attorney during these discussions representation. (You also are required to pay such an individual at his or her normal rate.)
You may compete professionally in one sport and be an amateur in another (e.g., you may sign a professional baseball contract and still play college basketball). Signing a professional contract normally terminates eligibility for an athletics scholarship in any sport (unless you no longer are involved in professional athletics, are not receiving any remuneration from a professional sports organization and you do not have an active contractual relationship with any professional team).
You may retain an agent whose duties are specifically limited in writing to representing you only in the sport(s) in which you compete as a professional. You may still retain your eligibility in the other sport.
In the sport of basketball, you may enter a professional league's draft without jeopardizing eligibility in that sport, provided you declare in writing to your institution's director of athletics your intention to resume intercollegiate basketball participation within 30 days after the draft.
You may borrow against your future earnings potential from an established and accredited commercial lending institution, exclusively for the purpose of purchasing insurance against a disabling injury or illness, provided a third party is not involved in arranging for the loan.
You may try out with a professional organization in a sport during the summer or during the academic year while not a full-time student-athlete, provided you do not receive any form of expenses or other compensation from the professional organization.
You are permitted to receive one on-campus medical examination during the academic year by a professional league's scouting bureau.
DON'TS
Student-athletes with remaining playing eligibility in a sport may jeopardize their eligibility in that sport if they engage in any of the following activities:
You may not agree (orally or in writing) to be represented by an agent for the purpose of marketing your athletics ability or reputation in that sport. An agent contract that is not specifically limited in writing to a particular sport shall be applicable to all sports.
Once an agreement (oral or written) is made with an agent to compete in professional athletics, you are ineligible for participation in that intercollegiate sport, regardless of the legal enforceability of the contract.
You may not agree (orally or written) to be represented by an agent in the future (after your eligibility is exhausted).
You may not agree (orally or written) to be represented by an agent until after your eligibility has ended, including your team's postseason competition.
You may not accept benefits from an agent. These benefits include (but are not limited to) transportation, money and gifts, regardless of the value of the benefit.
You may not receive preferential benefits or treatment because of your reputation, skill or payback potential as a professional athlete.
You may not retain professional services (legal advice) for personal reasons at less than the normal charge.
You may not ask to be placed on the draft list or supplemental draft list of a professional league in a sport, except in the sport of basketball (see reference under Do's listing).
A coach or other member of the athletics staff at your institution may not, directly or indirectly, market your athletics ability or reputation to a professional sports team or organization.
You may not be awarded institutional financial aid when you are under contract to or currently receiving compensation from a professional sports organization.
You may not try out 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 (including any intervening vacation periods) while enrolled in a collegiate institution as a regular full-time student.
WHAT IS YOUR GOOD NAME WORTH?
General Principle NCAA Bylaw 12.01.2
" 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 clean line of demarcation between college athletics and professional sports."
An individual shall be ineligible for participation in an intercollegiate sport if he or she ever has agreed (orally or written) to be represented by an agent for the purpose of marketing his or her athletics ability or reputation in that sport.
If you submit to the temptations offered by an agent of transportation, money, jewelry, clothing, money or other benefits - in exchange for a promise to sign with an agent to market your athletics ability you are in direct violation of NCAA regulations.
One mistake can short-circuit you college career and a chance at a pro career. It also can ruin the reputation of our University. Risking your eligibility and/or scholarships is a heavy price to pay for not following NCAA rules.
IS YOUR REPUTATION AND CAREER WORTH THE PROMISES OR GIFTS FROM AN AGENT OR RUNNER?
AN AGENT WHO CHEATS THE SYSTEM TO GET TO YOU - WILL EVENTUALLY CHEAT YOU TOO!!!!
When do you need an agent?
Not before the end of your eligibility
Not until you are fully educated about agents
Not until you are fully comfortable with your choice
What are agents' duties?
Negotiation of the professional contract and endorsements
Financial advice and money management
Career counseling and counseling about everyday life
The above duties are not necessarily performed by the same person
How can you find an agent?
Prospective agents are not hard to find - there are more agents than draft choices each year.
Lucrative fees encourage intense competition among agents.
Talk to successful ex-collegiate athletes, your coaches, and administrators in your athletics department.
THIS COULD BE ONE OF THE MOST IMPORTANT DECISIONS YOU WILL EVER MAKE. MAKE SURE YOU MAKE THE RIGHT CHOICE.
"THE CHANCES OF A PRO CAREER"
The Inverse Pyramid
919,000 HIGH SCHOOL STUDENTS PLAY HIGH SCHOOL FOOTBALL
6.7% WILL BECOME COLLEGE ATHLETES
2.3% WILL BECOME PROFESSIONAL ATHLETES
215 WILL MAKE ACTIVE NFL ROSTERS
105 WILL PLAY 4 OR MORE YEARS IN NFL
Involvement with Professional Teams
Tryout Before 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 each professional team (or a combine including that team), provided such a visit did not exceed 48 hours and any payment or 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 (NCAA Bylaw 12.2.1.1).
Tryout After Enrollment
A student-athlete shall not try out 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 while enrolled in a collegiate institution as a regular student in at least a full time load, unless the student-athlete has exhausted eligibility in that sport. The student-athlete may try out 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 (NCAA Bylaw 12.2.1.2)
Outside Competition Prohibited
During a tryout, an individual may not take part in any outside competition (games or scrimmages) as a representative of a professional team (NCAA Bylaw 12.2.1.3)
Practice Without Competition
An individual may participate in practice sessions conducted by a professional team, provided such participation meets the requirements of NCAA legislation governing tryouts with professional athletics teams and the individual does not:
a. receive any compensation for participation in the practice session
b. enter into any contract or agreement with a professional team or sports organization
c. take part in any outside competition (games or scrimmages) as a representative of a professional team.
Competition Against Professionals
An individual may participate singly or as a member of an amateur team against professional athletes. (NCAA Bylaw 12.2.3.1)
Competition With Professionals
An individual shall not be eligible for intercollegiate athletics in a sport if the individual ever participated on a team and knew (or had reason to know) that the team was a professional team (per NCAA Bylaw 12.04) in that sport. However, an individual may compete on a tennis, golf, two-person sand volleyball team with persons who are competing for cash or a comparable prize, provided the individual does not receive payment of any kind for such participation. (NCAA Bylaw 12.2.3.2)
Professional Player as a Team Member
An individual may participate with a professional on a team, provided the professional is not being paid by a professional team or league to play as a member of that team (e.g., summer basketball league with teams composed of both professional and amateur athletes). (NCAA Bylaw 12.2.3.2.1)
Amateur Professional Leagues
An individual may participate as a member of an amateur team in a league in which one or more of the teams are professional, provided the league is not a member of a recognized professional sports organization or is not directly supported or sponsored by a professional sports team or organization. (NCAA Bylaw 12.2.3.2.3)
Competition in Professional All-Star Contest
A student-athlete who agrees to participate in a professional (players to be paid) all-star game becomes ineligible to compete in any intercollegiate contest that occurs subsequent to that agreement. Thus, a senior entering into such an agreement immediately following the last regular-season intercollegiate contest would not be eligible to compete in a bowl game, an NCAA championship or any other certified postseason collegiate contest. (NCAA Bylaw 12.2.3.3)
Professional Leagues
Canadian Football League Players Association
National Football Players League Players Association
National Basketball Players Association
Professional Drafts
Inquiry
An individual may inquire of 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. [NCAA Bylaw 12.2.4.1]
Draft List
Subsequent to initial full-time enrollment, 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
1. The individual asks that his or her name be withdrawn from the draft list prior to the actual draft.
2. The individual's name remains on the list but he or she is not drafted.
3. The individual is drafted but does not sign an agreement with any professional athletics team. [NCAA Bylaw 12.2.4.2]:
Exception for Professional Basketball Draft
An enrolled student-athlete in 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 is not drafted by any team in that league and 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 [NCAA Bylaw 12.2.4.2.1].
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 the services of an agent shall lose amateur status [NCAA Bylaw 12.2.4.3]
Securing Legal Counsel
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 [NCAA Bylaw 12.3.2].
Presence of Lawyer at Negotiations
A lawyer may not be present during discussions of a contract offer with a professional sports 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 discussion is considered representation by an agent [NCAA Bylaw 12.3.2.1]