Jul 30, 2010 8:12:24 AM

These are examples of issues that may frequently arise when dealing with an agent who is a spouse or relative of an institutional staff member. For specific questions or issues not addressed here, institutions should contact the NCAA membership services staff or the agent, gambling and amateurism activities staff at 317/917-6222.

Q: Is there a requirement that the institution more intensely monitor the activities of an agent who is related or married to a member of the athletics department staff?
A: There is no stated requirement in the NCAA bylaws of heightened monitoring; however, depending on the circumstances, there may be an expectation that an institution will be in a position to know more about the activities of an agent in this situation and would more closely monitor an agent who has a familial link with the institution's athletics program.

Q: What is the institution's obligation regarding education on this issue?
A: The NCAA bylaws anticipate that an institution will endeavor to ensure that all of its student-athletes and athletics department staff members, among others, are educated regarding compliance with NCAA bylaws. Certainly, it would be in the institution's best interest to ensure that the relevant athletics department staff member, and, to the extent possible, the agent to whom they are married or related, have thoroughly reviewed the relevant NCAA bylaws and understand how a student-athlete's eligibility may be affected by impermissible interactions with agents.

Q: Is the institution obligated to prohibit an agent who is married or related to an athletics department staff member from having contact with the institution's student-athletes?
A: It is not a violation for a student-athlete to simply have contact with an agent, thus it is not required for an institution to prohibit all contact between an agent and a student-athlete. The activities involving agents that would jeopardize the amateur status of a prospective student-athlete or student-athlete are related to agreements (oral or written) for the agent to market the athletics ability of the individual or receipt of benefits from an agent. However, the easiest way to ensure that nothing impermissible has occurred between student-athletes and an agent is to limit the interaction between them and agents. Ultimately, the institution must be comfortable that whatever contact has occurred is permissible under the bylaws.

Q: Is it permissible for a coach to have student-athletes to his or her home for an occasional meal pursuant to Bylaw 16.11.1.5 if his or her spouse is an agent?
A: If the institution feels comfortable that the motive of the coach is consistent with the intent of the occasional meal rule and conditions, this would be permissible. The fact that the coach has a spouse who is an agent would not per se cause the activity to be considered a problem under Bylaw 12.3.1.2 (Benefits from Prospective Agents). Of course, if the spouse, or coach for that matter, attempted to use the occasional meal as an opportunity to discuss representation with certain student-athletes, it could result in
a violation.

Q: Is it permissible for a coach to recommend his or her spouse or relative who is an agent to a student-athlete seeking representation?
A: It is impermissible for a coach to receive benefits for arranging a meeting between a student-athlete and an agent. Whether any income derived by the spouse or family member from the representation would be considered a benefit to the coach would depend on the facts and circumstances of the particular case. To avoid the appearance of impropriety or undue influence, the coach should consider recommending his or her spouse or relative to an impartial third party, such as the institution's professional sports counseling panel, for consideration.