The NCAA News - News and Features

May 11, 1998

Possible NBA strike makes choice harder

Tough decisions accompany June draft

BY GARY T. BROWN
STAFF WRITER

Underclassmen considering making themselves available for the National Basketball Association draft apparently will have one more factor to add to their decision-making process.

The ongoing collective-bargaining discussions in the NBA pose the possibility of a work stoppage sometime after the June 24 draft. While it is impossible to predict the outcome of those negotiations, student-athletes who have declared for the draft face the possibility of not playing basketball at all in 1998-99 -- college or pro.

Current legislation (NCAA Bylaw 12.2.4.2.1) allows underclassmen who have opted for the draft to withdraw their names up to seven days before the draft and still retain collegiate eligibility, provided they have not signed with or accepted benefits from an agent or a professional team. The legislation also allows for those underclassmen who go through the draft, but are not selected, to retain eligibility so long as they have not signed with or accepted benefits from an agent or professional team.

Eligibility is jeopardized, however, once the student-athlete signs an agreement with an agent or is chosen in the draft.

That is a lot to balance for any student-athlete who may be on the fence in the decision-making process, but now the prospect of a possible work stoppage adds more complications.

"We have no indication on how the negotiations will turn out at this point," said Bill Saum, the NCAA staff liaison responsible for professional sports issues with the Amateurism and Agents Committee.

"They may well sign an agreement and everyone will be happy, but the rhetoric you see in the media is different than that. The rhetoric says that the players association is talking about decertifying, much like the National Football League Players Association did some years ago.

"The point is that if there's a work stoppage, these athletes who have declared are not going to have anywhere to play. If an underclassman is drafted and there's no NBA season, it's unlikely he would be able to come back."

Saum said several individuals within the membership have inquired about such a situation, but that no movement seems to be afoot to provide athletes with a new option in the event of an NBA work stoppage.

Saum also indicated that because of the new legislative calendar, it would be unlikely -- if not impossible -- to implement legislation that would protect student-athletes' eligibility in the event of a professional work stoppage.

"All we can do now is raise awareness of the possibility so that everyone understands all the ramifications," Saum said.

"If an underclassman who has declared for the draft withdraws his name in writing to the NBA commissioner seven days before the draft, he can return as long as he hasn't accepted any benefits from an agent or signed an agreement with an agent.

"Let's say he goes into the draft and doesn't get drafted. He can come back as long as he hasn't signed with an agent. Let's say he gets drafted and there is a season, but he wants to come back. Legislation says he can't do it. Let's say he gets drafted and there is no season: Can he come back? Current legislation says he can't do that either."

Saum said that in the case of a work stoppage, a student-athlete seeking to reinstate eligibility could go through the appeal process, but that the chances of a favorable ruling would be slim.

"The possibility of a strike just adds another pitfall into the mix," he said. "It's important that these underclassmen take that into consideration before making a final decision."

Saum also said that current legislation also does not affect the high-school senior who opts to go straight to the NBA draft.

"They don't fall under this rule," he said. "Just by declaring for the draft, they're ineligible. Again, you have the reinstatement process, but no one has tried that yet. It's reasonable to believe that there would be a significant loss of playing time because there was a clear intent to professionalize."