The NCAA News - News and Features

June 9, 1997

Legislative assistance

1997 Column No. 23 Reviewing NCAA eligibility -- Baseball draft

NCAA institutions should note that the Major League Baseball draft occurred June 3, 1997, and many prospective and enrolled student-athletes will be facing difficult decisions in deciding whether to participate in collegiate or professional baseball. To assist these students in making the best possible decision, the following questions and answers have been developed to help those students sort through some of the issues that they, their parents and NCAA institutions will confront. The following questions and answers have been formatted to apply directly to the student-athlete who has been drafted:

Question No. 1: Before the draft and after the draft, I have been contacted by agents who wish to represent me. Can I reach an agreement with an agent to represent me without jeopardizing my eligibility at an NCAA school?

Answer: No. If you or your parents reach a verbal or written agreement with an agent, this will jeopardize your eligibility at an NCAA school.

Question No. 2: I have been told by some people that it is permissible to have an advisor, but not an agent. Is this true? If so, what is the difference between an advisor and an agent?

Answer: You are correct. It is permissible for you to have an advisor (but not an agent) without jeopardizing your eligibility at an NCAA school. Under NCAA regulations, you and your parents are permitted to receive advice from a lawyer or other individual concerning a proposed professional sports contract, provided the advisor does not represent you directly in negotiations for the contract. In this regard, it is permissible for an advisor to discuss the merits of a proposed contract with you and give you suggestions about the type of offer you should consider. In order to maintain your eligibility at an NCAA school, however, you may not use this advisor as a link between you and the professional sports team. Rather, you must view the advisor as an extension of your interests and not as a source to contact a professional team. If you use the advisor as a direct contact with a professional team, the advisor shall be considered an agent and you will have jeopardized your eligibility at an NCAA school. For example, an advisor may not be present during discussions of a contract offer with a professional team or have any direct contact (i.e., in person, telephone or mail) with the professional sports team on your behalf. Finally, it is important to note that in order to maintain your eligibility at the NCAA school, if you receive assistance from an advisor, you will be required to pay that advisor at his or her normal rate.

Question No. 3: May I receive any benefits (e.g., transportation or meals) from an agent or advisor without jeopardizing my NCAA eligibility?

Answer: No. You will be ineligible if you accept any transportation or other benefits from any person who wishes to represent you in the marketing of your athletics ability. This rule does not prohibit you from having a meal with someone who wishes to assist you in your negotiations, provided you each pay for the actual cost of your meals and arrange for transportation separately.

Question No. 4: Am I permitted to negotiate directly with a professional sports team?

Answer: Yes. NCAA rules were changed in 1992 to allow you and your parents or legal guardians to negotiate directly with a major league team. If you currently attend an NCAA school, you also are permitted to have your institution's Professional Sports Counseling Panel (if it has one) negotiate on your behalf. [Note: If your currently attend an NCAA school, you should contact your institution's director of athletics to learn whether your institution sponsors a Professional Sports Counseling Panel.]

Question No. 5: Am I permitted to reach any kind of agreement for a contract with a major league team and still retain my eligibility?

Answer: No. If you reach a written or verbal agreement for any portion of the terms of a professional contract, you will have jeopardized your eligibility at an NCAA school. No matter how vigorously individuals may attempt to persuade you that it is permissible to reach a verbal agreement for the terms of a contract, be assured that NCAA regulations do not permit you to reach an oral agreement for the terms of a contract.

Question No. 6: Can I accept any items of value from the major league team that drafted me without jeopardizing my NCAA eligibility?

Answer: No. The receipt of any items of value will jeopardize your baseball eligibility at an NCAA school.

Question No. 7: What happens to my eligibility if a professional team offers to fly me and my parents to their city to watch a baseball game? Is the team permitted to take me or my parents to dinner or entertain us in any other way?

Answer: In order for you to retain your NCAA eligibility, you would not be permitted to receive any kind of entertainment expenses from the professional team. This includes a representative of the professional team purchasing a meal for you or your parents or paying expenses for you to visit the city of the major league team.

Question No. 8: I've heard that I can receive an expense-paid tryout to the city of a major league team. Is this true?

Answer: Yes, but only if you have not yet enrolled in a collegiate institution (including a two-year college). In this regard, NCAA rules do permit, prior to enrollment in a college, a student-athlete to receive an expense-paid tryout with a major league team, provided such a visit does not exceed 48 hours and any payment or compensation in connection with the visit was not in excess of actual and necessary expenses. Thus, you may receive an expense-paid visit from a professional team, provided you participate in tryout activities that allow that club to evaluate you. You may receive such a visit either prior to or subsequent to a major league baseball draft. Additionally, you may try out at your own expense with that team for any length of time, provided you cease your tryout when you become a full-time student at any college.

Correction -- Cross country playing season

NCAA Divisions I and II institutions that sponsor cross country should note that Legislative Assistance Column No. 15 (April 14, 1997, edition of The NCAA News) and Legislative Assistance Column No. 18 (May 5, 1997, edition of The NCAA News) contained an error in the section entitled "Length of Playing Season" pursuant to 1997 Convention Proposal No. 145. The column should have noted that the cross country playing season consists of 144 days, rather than 156 days.

This material was provided by the legislative services staff as an aid to member institutions. If an institution has a question or comment regarding this column, such correspondence should be directed to Richard C. Perko, legislative assistant, at the NCAA national office. This information is available on the Collegiate Sports Network.