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Become A Professional And Retain Student-Athlete Eligibility

A few days ago, I received an email from Anastasios “Tassos” Kaburakis, Ph.D., Attorney at Law and Assistant Professor of Sport Law and Sport Management/Director of Sport Management Graduate Program at Southern Illinois University Edwardsville.  He wanted to share the announcement of NCAA Division I Proposal 2009-22.  The expectation is that the proposal will pass and go into effect on August 1, 2010.  Tassos calls the move a brilliant, inspired, an outstanding shift in policy, and a clear indication that knowledgeable members of governance bodies are indeed in touch with reality and in tune with the membership’s concerns.

But what exactly is the proposal?  It is posted in its entirety at the link above, and titled, AMATEURISM AND ELIGIBILITY — INVOLVEMENT WITH PROFESSIONAL TEAMS — EXCEPTION — PRIOR TO INITIAL FULL-TIME COLLEGIATE ENROLLMENT — DELAYED ENROLLMENT — SEASONS OF COMPETITION.  If adopted, it would allow prospective student-athletes to play a professional sport overseas upon graduating high school, and still retain the opportunity to play that sport for an NCAA institution later in life.  The caveat is that the athlete cannot receive more than the allowable actual and necessary expenses under 12.02.4 (a).

Actual and necessary expenses include,

  • Meals and lodging directly tied to competition or practice held in preparation for competition.
  • Apparel, equipment and supplies.
  • Coaching and instruction.
  • Health/medical insurance.
  • Transportation related to practice or competition.
  • Medical treatment and physical therapy.
  • Facility usage.
  • Entry fees.
  • Other reasonable expenses.

“Other reasonable expenses” seems quite broad, although things like out-of-season expenses (i.e. pre-training camp) are not considered actual & necessary expenses under this legislation.  And how would someone like Brandon Jennings justify that his on-the-books payment was an actual and necessary expense?  I doubt he could, and Jennings would not be the type of athlete able to become a student-athlete after playing a year overseas.

Definitely an interesting proposal.  I am very interested to see if any changes are made to it between now and its suggested adoption.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

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