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NCAA May Alter Its Definition Of “Agent”

The 2010-11 NCAA Division I Manual became effective as of August 1, 2010.  Throughout the year, NCAA administrators have reviewed the rules and regulations embodied within the Manual and will revise where appropriate for a new Manual, which will likely be published on August 1, 2011.  A bylaw that will earn a significant area of attention is 12.3 Use of Agents.

The general rule begins as follows:

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.

But who is an agent?  Bylaw 12.3.1.1 tells us that an agent can be someone who may represent an athlete in future professional sports negotiations. Bylaw 12.3.1.2(b) is kind of confusing.  It says that a student-athlete cannot receive transportation or another benefit from “an agent, even if the agent has indicated that he or she has no interest in representing the student-athlete in the marketing of his or her athletics ability or reputation and does not represent individuals in the student-athlete’s sport.”  How do we then determine if the person is an agent or not?  Is it based on being certified in the state where the student-athlete is performing?  Does the person just have to be a licensed athlete agent in any state?  Does the person have to be licensed by any players association?  Or should it just be the players association that the student-athlete will (hopefully) eventually join?

The NCAA would do everyone a favor by clearing up its bylaws by creating precise definitions.  Luckily, the Division I Amateurism Cabinet and the Division I Leadership Council have recently stated that they may make changes to the definition of an agent.  Do not give up hope.

Amongst the potential changes would be to include runners under the definition of agent.  Furthermore, financial planners, marketing representatives, and other client management entities could become included in a new agent definition.  The NCAA may take a page out of the MLBPA’s October 2010 Regulations Governing Player Agents in this regard.

I believe that enhancing the agent definition would be a step in the right direction for the NCAA, not because the NCAA needs to increase the number of words in its manual, but to bring further clarity to an area ripe with confusion.  Educating athletes and educating agents with concise and precise rules and regulations is much better than allowing both entities to operate in a system with little to no clarity.

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.