University of Alabama Agent Policy

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ROLLTIDEDOTCOM

ROLLTIDEDOTCOM

April 27, 2009

 

Agents are invited to register to participate in the University of Alabama's Professional Sports Education program for student-athletes and their families.  If you seek to represent UA student-athletes in their future professional activities and wish to participate in the education program, you must agree to the conditions of this policy, apply for registration to the athletics compliance office, and receive approval from the university's Professional Sports Counseling Panel (PSCP).

 

The NCAA Manual at Article 12:

Bylaw 12.3.1 General Rule.  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.

 

Bylaw 12.3.1.1 Representation for Future Negotiations.  An individual shall be ineligible per 12.3 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.

 

Bylaw 12.3.1.2 Benefits From Prospective Agents.  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 who represents any individual in the marketing of his or her athletics skill.  The receipt of such expenses constitutes compensation based on athletics skill and is an extra benefit not available to the student body in general.

 

In order to protect our student-athletes from the loss of eligibility due to agent activities, the following policies and procedures will be adhered to:

 

Section I:  Agent Benefits

 

An agent registered under this policy will be:

 

a.     Identified as a registered agent with UA in materials provided to student-athletes and their families;

 

b.     Included in the athletics compliance office with materials highlighting the agents' credentials, background, and                     services;

 

c.     Eligible to participate in education workshops for student-athletes and families; and

 

d.     Eligible to participate in Agent Day programs where agents will meet with student-athletes.

 

Section II:  Agent Responsibilities

An agent registered under this policy agrees to:

 

  1. Abide by the state, NCAA, Conference, and University rules and regulations (including this policy), which cover agent activities and conduct.

 

  1. Agents, financial advisors, or representatives must register with the UA Professional Sports Counseling

      Panel (PSCP) prior to contacting student-athletes.
  

  1. Agents must be properly licensed by the State of Alabama.
       
  2. All written correspondence from properly-registered agents and financial advisors should be sent directly to the UA athletic compliance office and will be distributed at the discretion of the UA PSCP.  Send all written correspondence in duplicate.
      
    The original will be kept on file in the UA athletic compliance office agent / financial advisor file.  The copy will be given to the student-athlete.  Correspondence will be forwarded to the student-athlete on a regular basis by the UA PSCP.
      
    Do not request the address or telephone number of a student-athlete.  Such information is not distributed to the public.
       
  3. Provide in writing to the Associate Athletics Director for Compliance:

 

1.      Alabama agent registration (in accordance with Alabama Statutes under Section 8-26A-6 or Section 8-26A-8);

2.      A proposed agent contract* which would authorize a person to negotiate or solicit any professional sport services on behalf of a student-athlete, not less than fourteen (14) days before entering into the proposed contract; and

3.      Notice of any agent contract* entered into (whether oral or written) with a UA student-athlete, as well as the terms of the agreement before the contracting athlete practices or participates in any intercollegiate event or within 72 hours after entering into the contract, whichever comes first.

 

* NOTE:   Contracts must include the following, per Section 8-26A-10 (b) and (c): 

1.      The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services.

2.      The name of any person not listed in the application for registration or renewal of registration that will be compensated because the student-athlete signed the agency contract.

3.      A description of any expenses that the student-athlete agrees to reimburse.

4.      A description of the services to be provided to the student-athlete.

5.      The duration of the contract.

6.      The date of execution.

7.      A conspicuous notice in boldface type in capital letters stating:

  

WARNING TO STUDENT-ATHLETE

 

IF YOU SIGN THIS CONTRACT:

 

(1)    YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;

(2)    IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU MAY PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR, AND

(3)    YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT.  CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

 

F.      Conduct him/herself in a manner to:

 

  1. Provide honest, lawful, ethical and effective representation to student-athletes;
  2. Avoid conflicts of interest, which may compromise the interests of student-athletes;
  3. Avoid any involvement of student-athletes or others in actions, which may jeopardize student-athletes' eligibility under state, NCAA, Conference, and/or University rules and/or subject the University to harm;
  4. Avoid providing or offering to provide anything of value to a student-athlete or another person in return for support of the agent's selection by the student-athlete; and
  5. Provide current and accurate information to The University of Alabama athletics department, UA student-athletes, and their families and friends including, but not limited to, the agent's professional credentials, clients, or services.

 

G.     Indemnify and hold The University of Alabama harmless from any damages or claims arising from his/her activities as an agent or prospective agent for UA student-athletes.

 

 

Section III:  Registration Process

 

a.     An agent must submit to the PSCP or the athletics compliance office a completed application as defined in The University of Alabama's Agent Registration Application (ARA).

 

b.     The PSCP will determine whether to grant or deny the registration or to seek additional information from the applicant.  Grounds for denial of registration include, but are not limited to, the following:


 

 

 

1.      Prior conduct of the applicant involving fraud, misrepresentation, embezzlement, misappropriation of funds, theft, or similar dishonest behavior;

2.      Prior conduct of the applicant involving violations of professional league, players association, state, NCAA, Conference, or University rules including this policy;

3.      False or misleading statements in the Agent Registration Application; or

4.      Any other conduct which in the PSCP's reasonable judgment adversely affects the competence, credibility, or integrity of the applicant to serve as a student-athlete agent.

 

c.     While the Registration Application is pending, the PSCP may authorize the applicant to participate in the Professional Sports Education Program if the PSCP deems such authorization to be in the best interest of the student-athlete(s).  This interim action will be specifically limited to the terms of the PSCP's authorization.

d.     If registration is denied or revoked, The University of Alabama will take reasonable actions to discourage contact between its student-athletes and the applicant concerning matters of agent representation.  The applicant will not be permitted to enter the property of The University of Alabama for the purpose of seeking to represent a student-athlete or to participate in the professional sports education program.  Additionally, the appropriate organization(s), institution(s), players' association(s) league(s), state regulatory bodies, and/or members of the university community may be notified of the PSCP's decision to deny registration.

 

e.      Upon approval of an applicant's ARA, the agent will receive a written notice of registration.  The applicant will then be considered a registered agent at UA with the benefits and responsibilities in this policy.

 

1.      Such notice is not an endorsement or recommendation of the agent by the University nor is it evidence of an agent's qualifications and abilities to represent student-athletes.  The registered agent may not represent or hold out otherwise.

2.      Acceptance of registration shall not be considered to confer liability upon UA for any acts or conduct of the person registered, whether or not such acts or conduct fall within the activities governed by this policy.

 

f.      Approved registration is only valid for the agent to whom it is issued.

 

g.     Agents must update and verify the accuracy of their registration information.

 

 

Section IV:  Oversight

 

a.     The PSCP, appointed by The University of Alabama President pursuant to NCAA rules, oversees the implementation and enforcement of this policy.

 

b.     If the PSCP determines that (a) a violation of any part of this policy has occurred, or (b) an agent has been suspended or disciplined by any player's association, sports league, state regulatory body having jurisdiction over agents, other professional sports counseling panel, bar association, or similar entity, the PSCP may take on or more of the following actions:

 

1.      Issue an informal reprimand to be retained in the agent' file at the University;

2.      Issue a formal letter of reprimand;

3.      Suspend the agent's registration for a period of time;

4.      Revoke the agent's registration;

5.      Notify the appropriate organization(s), institution(s), players association(s), league(s), state regulatory bodies, and/or members of the university community of the policy violation; and

6.      Other appropriate action.

 

c.     The decision of the PSCP shall constitute a final disposition of the matter.

 

d.     If registration is revoked, The University of Alabama will take reasonable actions to discourage contact between its student-athletes and the applicant concerning matters of agent registration.  The applicant will not be permitted to enter the property of The University of Alabama for the purpose of seeking to represent a student-athlete or to participate in the professional sports education program.  Additionally, the appropriate organization(s), institution(s), players association(s), league(s), state regulatory bodies, and/or members of the university community may be notified of the PSCP's decision to deny registration.