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Example letter sent to basketball student-athletes

Editor’s note:  The NCAA helps those student-athletes who have eligibility remaining but also want to consider a professional sports career. Below is an example of the letter sent to basketball student-athletes earlier this year to help them understand the issues surrounding the NBA draft and dealing with agents. Similar letters are sent to football, baseball, hockey and men’s soccer student-athletes.

 

MEMORANDUM

March 4, 2010

TO: Men's Basketball Student-Athletes with Remaining Eligibility.
FROM: Rachel Newman Baker
Director of Agent, Gambling and Amateurism Activities.
Steve Mallonee
Managing Director of Academic and Membership Affairs/Division I Governance Liaison.

SUBJECT: Information Regarding the 2010 National Basketball Association (NBA) Draft, Agents, and Tryouts.

We understand that you may have remaining intercollegiate eligibility, but may also have a desire to "test the waters" as it relates to your pursuit of a potential professional basketball career. You will attempt to gauge your readiness for competition at the next level through a variety of methods, including tryouts with professional teams and you will undoubtedly rely on a number of individuals to assist in the decision-making process.

At the end of this process, you may in fact reach the conclusion that it is not in the best interest to pursue a professional career at this time, but rather to continue athletics participation at the intercollegiate level while pursuing your academic degree.
Involvement in activities during this process can affect your intercollegiate eligibility. The following information is designed to help you protect your eligibility while you "test the waters."

Seven Points to Remember:

You will lose your eligibility IF:
1. You agree orally or in writing to be represented by an agent or any individual acting on behalf of the agent [e.g., runner].
2. You accept any benefits from an agent, a prospective agent or any individual acting on behalf of the agent [e.g., runner].
3. If you participate in a tryout with an NBA team that lasts longer than 48 hours, which you have not personally financed.
4. If you use an advisor throughout the process and do not pay the going rate for the advising services.
5. If you tryout with a professional team during the academic year and miss class.
6. If you enter the draft AND do not take the appropriate steps to withdraw and declare your intention to resume intercollegiate participation.
7. If you enter the draft AND are drafted by a professional team.

Key Dates:

Portsmouth Invitational Tournament (Portsmouth, Virginia): April 7-10, 2010 (seniors only).
NBA Early-Entry Candidate Application Deadline: April 25, 2010.
NBA Teams Can Conduct or Attend Workouts with Early-Entry Players: April 29, 2010.
NCAA Withdrawal Date: May 8, 2010.
NBA Draft Combine (Chicago, Illinois): May 19-May 23, 2010.
NBA Early-Entry Withdrawal Deadline: June 14, 2010.
NBA Draft (New York, New York): June 24, 2010.

Frequently Asked Questions:

1. Am I allowed to enter the NBA Draft early?
YES! You may enter a professional basketball league's draft one time during your collegiate career without jeopardizing your eligibility; provided you are not drafted by any team and you declare your intention to resume intercollegiate participation by May 8, 2010. This declaration must be in writing to your director of athletics.

2. Am I allowed to participate in the NBA Draft Combine in late May?
YES! Provided that you chose to remain in the draft and are invited, you may attend the combine and accept actual and necessary expenses from the NBA to participate in the combine. You are permitted to attend the entire combine (even though it might occur during the academic year). If you choose to withdraw from the 2010 NBA Draft by the May 8 deadline you are NOT permitted to attend the combine. The NBA has modified elements of the combine from past years. If you have any questions regarding such changes, please contact Ned Cohen with the NBA at 212/407-8355.

3. Can my college coach assist with the arranging and scheduling of a professional team workout/tryout on or off campus during the academic year?
YES! It would be permissible for a student-athlete's institutional coach to assist in the arranging for a student-athlete to engage in a professional tryout that occurs on or off campus; however, it would not be permissible for a coach to assist in conducting or be present at such workouts/tryouts.

4. Can NBA teams pay for my private workouts/tryouts?
YES! You may tryout with an NBA team during the academic year if you are enrolled full-time as long as you do not miss class. You may receive actual and necessary expenses from the NBA team in conjunction with one 48-hour tryout per team. The 48-hour tryout period begins when you arrive at the tryout location. At the completion of the 48-hour period you must depart the location of the tryout immediately in order to receive transportation expenses.

5. Can any other individual (e.g., agent, runner, or "advisor") pay for my private workouts/tryouts with NBA teams?
NO! Unless an NBA team pays for your expenses in conjunction with a private workout or tryout, you and your family are responsible for paying all expenses associated with any tryouts as they are incurred.

6. Can I pay for my own private workouts/tryouts with NBA teams?
YES! A tryout may extend beyond 48 hours if the individual self-finances additional expenses, including return transportation. A self-financed tryout may be for any length of time, provided you don't miss class.

7. When is the deadline to withdraw from the draft?
In order to remain eligible to compete in intercollegiate basketball, you must withdraw your name from the draft by May 8, 2010. However, the NBA allows for you to wait until June 14, 2010, before you must withdraw your name from the draft.

8. How do I withdraw my name from the draft?
The NBA has requested that all underclassmen who submitted their early-entry declaration submit a written statement by 5 p.m. Eastern time, June 14, 2010, indicating the following:
"I, {Student-Athlete, of name of NCAA college/university}, officially notify the NBA of my request to withdraw my name from consideration in the 2010 NBA Draft." In addition to the above information, please include contact information and date of submission.
(Note: You must withdraw by May 8, 2010, to remain eligible to compete in intercollegiate athletics.)
This written statement can be faxed to:
Mr. David Stern
Commissioner National Basketball Association

9. What is an "agent" according to NCAA rules?
An individual would be considered an "agent" if the individual markets your basketball skills to any NBA team or other professional teams (e.g., contact NBA teams to discuss your skills, set up tryouts with NBA teams).

10. Am I allowed to have any type of agreement with an agent?
NO! You are not permitted to have a written or oral agreement with an agent, or anyone who is employed by or acting on behalf of an agent or sports agency (i.e., "runner").

11. What is an "oral agreement" with an agent?
An oral agreement occurs if you verbally agree to have an agent marketing your basketball skills on your behalf OR you have knowledge that an agent is performing such services.

12. Is an agent allowed to contact teams on my behalf to arrange private workouts or tryouts?
NO! You cannot have an agent arrange a private workout/tryout with an NBA team.

13. Can my family members or other individuals who are associated with me as a result of playing basketball (e.g., high school coach, summer basketball coach, etc.) have an agreement with an agent to perform services on my behalf?
NO! Family members and other individuals are not permitted to enter into any agreements with an agent on your behalf.

14. Am I allowed to have an agreement with an agent if it is for future representation?
NO! You are not permitted to agree to a future representation agreement with an agent.

15. Is an agent allowed to provide me any benefits?
NO! You, your family, or your friends are not permitted to receive any benefits from an agent. Examples of material benefits include money, transportation, dinner, clothes, cell phones, jewelry, etc. However, benefits may also include, but are not limited to, activities such as tryout arrangements with a professional team and coordinating tryout schedules.

16. Am I permitted to have an advisor during this process?
YES, provided the advisor does not market you to NBA teams. However, it is not permissible for the advisor to contact teams on your behalf to arrange private workouts or tryouts. (Note: If you receive assistance from an advisor, you must compensate the advisor in an amount equal to the value of the services he or she provides you; furthermore, you may not receive such services at a free or reduced rate without jeopardizing your eligibility, regardless of whether the advisor does not typically charge clients for such services.)

17. May a sports agent or booster play a role in securing a loan to pay for disability insurance?
NO! Do not allow a third party (including a sports agent, your institution's athletics department staff members or boosters) to be involved in any arrangement for securing a loan to pay for disability insurance.

18. Can an institution cancel my athletics scholarship if I have an agreement with an agent?
YES! An institution is permitted to rescind your athletics scholarship if you have an agreement with an agent.

Helpful Tips:

You should keep your head coach and compliance coordinator informed of all activities during this process.

Be careful who you associate with during this process. Do it all yourself or work through your head coach. You may receive the assistance of your family members, provided they are not working with any individual who is marketing your athletic ability (e.g., contacting NBA teams, setting up tryouts with NBA teams).

If you do not have knowledge of who arranged your tryout, you have a responsibility to find out who did.

The NBA has an Undergraduate Advisory Committee, composed of NBA team executives, which will provide a confidential projection of a potential draftee's likely draft position. The committee is overseen by Stu Jackson of the NBA.

You should remain in school and complete your academic courses while you "test the waters."