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They are out there -- offers from agents to student-athletes enticing them to take money, cell phones, pagers, jewelry, cars, meals, plane tickets and nearly anything else that might appeal to a college athlete.
When student-athletes accept those offers, they cross the fine line that separates them from an amateur who participates for the educational, physical, mental and social benefits to a professional who is paid to play, making what had been an avocation a vocation. Unfortunately, too many student-athletes are throwing away the former because an unscrupulous agent has talked them prematurely into the latter.
The rules governing agents and eligibility are straightforward. To maintain amateur status and NCAA eligibility, a student-athlete cannot have an agreement with an agent until his or her eligibility expires. Period.
The NCAA regulates against the use of agents through Bylaw 12.3.1, which says, "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. Further, an agency contract not specifically limited in writing to a sport or particular sports shall be deemed applicable to all sports, and the individual shall be ineligible to participate in any sport."
However, some student-athletes choose to ignore the rules and knowingly take improper benefits from agents. Others are not aware of the rules, for a variety of reasons, and end up losing in the end. In either case, the fallout is severe: The student-athlete loses eligibility, the team and coach lose a player, and penalties and sanctions loom if that student-athlete continues to play. Finally, the public announcement of the star athlete receiving improper benefits from an agent isn't something the university president wants to read over morning coffee.
"A lot of agents will take advantage of the vulnerability of the student-athlete and will risk giving improper benefits because it's hard to mandate sanctions if you don't catch them in the act," said Lynn Lashbrook, founder and president of Sports Management, an agent agency that services professional athletes. "But the athletes have to take responsibility for their actions, too."
Education a key
With compliance coordinators and other athletics administrators clearly aware of the implications of signing with an agent before eligibility expires, and with all the educational tools available from the NCAA, it may be hard to imagine an increase in the number of agent-related violations. Yet, the numbers grow annually.
To help arrest that growth, the NCAA has developed an arsenal of educational information on the topic, including videos that raise awareness about agents and NCAA regulations, an athletics agent information packet, and a list of questions student-athletes should ask agents. Also, a relevant brochure called "A Career in Professional Athletics" is available to member schools.
In addition, the NCAA's agents, gambling and amateurism activities staff works with high-school athletes and member institutions to provide educational materials.
The staff also makes annual rules presentations to agents -- new and seasoned alike -- through professional players associations.
"Our staff's goal is multifold," said Deana Garner, agents, gambling and amateurism activities representative II. "We want to prevent violations; we want to educate student-athletes, athletics administrators and agents; and we want to enforce the current agent rules."
The rules themselves occasionally can assist education. Many member institutions, such as Pennsylvania State University, use an NCAA bylaw permitting a professional sports counseling panel that "may contact agents, professional sports teams or professional sports organizations on behalf of a student-athlete, provided no compensation is received for such services."
Ohio State University conducts an annual "Agent Day," allowing agents on campus in a controlled environment in which student-athletes can ask questions and hold meetings involving prospective agents and the athletes' parents, compliance coordinators and other athletics staff.
Harsh realities
Just to be clear, there is nothing categorically bad about sports agents. They are there to predict an athlete's draft placement, aid in contract negotiation, watch out for the best interests of the client and find a good fit for the player. In turn, the agent receives a set percentage or portion of the athlete's signing bonus or earnings. If all of that occurs after a student-athlete's eligibility has expired or after the student-athlete has made a commitment to turn pro, there is no NCAA-related issue.
But too many agents direct improper benefits to student-athletes who have eligibility remaining. What about all those gifts and loans that are provided before the athlete turns pro? Not only are they NCAA violations that result in permanent ineligibility if detected, they must be paid back, usually with substantial interest. Unscrupulous agents often do not inform student-athletes that such arrangements represent loans, not gifts.
If enough time passes between the loan and the repayment -- the understanding usually is that repayment will be covered through the signing bonus -- large amounts of interest can accumulate (student-athletes may not understand how quickly interest compounds). If the student-athlete does not sign a professional contract, repaying the loan may be a challenge. If the student-athlete does not sign a professional contract and does not acquire a college degree, repaying the loan may be almost impossible.
For all of those reasons and many more, choosing an agent is among the most important decisions a professionally bound student-athlete will make.
Jason Doering, former football standout at the University of Wisconsin, Madison, and current safety with the Indianapolis Colts, said many factors affected his choice of an agent, including research. One of Doering's teammates went with the same agent he chose a year before, and other clients gave him only good reports.
"I knew the agent I selected all through college because he was located in Madison," Doering said. "He followed all the rules and I respected that. When the season ended and it was OK to talk to me, we worked something out. We have built a good friendship over the past year."
After legitimately placing
a client, good agents continue to nurture the relationship by visiting when in town, making check-up phone calls and working the marketing aspect of their client's professional career.
"I was looking for someone who was looking out for my best interests, someone who looked at me like I was their own child," said Chukie Nwokorie, a Purdue University football graduate who has played as a defensive end for the Colts for four years and has retained his original agent. "I have a great agent who I consider a friend."
Other agent-related issues that student-athletes should consider involve the following:
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Initial contacts between agents and prospects now start as early as the sophomore year in high school, though the age range varies by sport. The bottom line is that elite athletes are being contacted by agents long before their collegiate eligibility expires. Conversation between agents and student-athletes is permitted; agreements are not.For an 18- to 21-year-old playing college athletics with limited or no income, the status associated with having an agent, along with the appeal of money and gifts, is hard to pass up.
"To some people, having an agent contact you, or having an agent, can be a status symbol," Doering said. "It all depends on who you are as a person. It matters to some people, but to others, it doesn't. You make your own status by your playing ability; your agent doesn't help you make the team."
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Student-athletes should be aware of "runners." They are people who work for agents to develop relationships with prospects' family, friends and even the athlete to influence the selection of an agent. Runners typically are the ones who offer improper benefits to student-athletes, whether or not they have eligibility remaining."In a world where relationships drive the business, a runner is someone who takes advantage of a relationship to sign a player," Lashbrook said.
Runners can even permeate the coaching staff, using coaches who are role models and in daily contact with prospective professionals to make contacts for the agents and "get an in."
It gets even more complicated because many coaches have their own agents, which may send a mixed message (student-athletes cannot have an agent, yet the coaching staff can). Coaches who collaborate with agents also may receive a portion of the signing bonus or salary.
"I teach my agents to go through the compliance office, which in my opinion is the cleanest way to create a relationship," Lashbrook said. "When coaches have agents, there is a conflict of interest that comes to play and affects fair recruiting. My company won't represent coaches. In my opinion, you should choose one or the other."
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Another player in the agent game is a "financial advisor." After all, not many 20-year-olds are equipped with the financial knowledge to make sound decisions about an investment plan, which may be necessary with the big money available in professional sports.The decision of which financial advisor to use is an enormously important one, and the athlete should make it based on firm information and after consultation with trusted relationships.
Doering saved his money his first year, created a livable budget, then met with a close family friend in the financial business who helped him plan for his savings. Nwokorie, who recommends doing a background check before working with a financial planner, also turned to family for help in this area.
"My agent had a financial planner that I met with. When my uncle gave me the same advice, I knew I could trust my financial planner," Nwokorie said.
Despite their early success in their careers, both Doering and Nwokorie recommend that athletes who are considering leaving college early finish their degree and then move on to play professionally.
"My best piece of advice would be to graduate," Nwokorie said. "Stay in school and finish your degree. If you have to leave early for personal or financial reasons, go back and get your education the first chance you have. All football takes is an injury and you are done."
Doering agreed, reminding athletes that pro football is an unpredictable business.
Bill Saum, NCAA director of agents, gambling and amateurism activities, said while no one action will guarantee control of unscrupulous agents, a combination of efforts may prove effective.
"The solution to creating a safe environment for student-athletes is to continue focusing on educating players, parents and agents about the rules; encouraging agents, runners and financial advisors to act in a responsible and ethical manner, and passing uniform athlete-agent laws in all states," he said.
That approach may keep that fine line distinguishable for everyone.
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