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UNC Takes Agent Policies To New Laughable Level

UNC's new Agent and Advisor Program is being attacked for its limitation of student-athletes' freedom of speech.
UNC’s new Agent and Advisor Program is being attacked for its limitation of student-athletes’ freedom of speech.

“This stuff is so good u can’t make this stuff up.”  That’s what a football agent wrote to me in an email sent four days ago, including a forwarded message from Paul Pogge, Associate Athletic Director at the University of North Carolina.  The message’s subject was “UNC Agent and Advisor Program,” and the body of the message focused on UNC’s new Agent and Advisor Program governing “all forms of contact” by agents, advisors and their representatives with UNC student-athletes and “affiliated individuals.”

The new Agent and Advisor Program is fully laid out on UNC Athletics’ Official Site, along with a summary and some questions and answers for agents, advisors, representatives and student-athletes.  As with the vast majority of university sports agent policies, UNC takes the position that agents must register with the school prior to communicating with one of its student-athletes.  I have always found universities to lack any means of enforcing such a provision or penalizing agents for violating same.  But UNC takes the attempted control of communication to a whole new level.

Once registration with the UNC Department of Athletics is confirmed in writing, all subsequent contact with UNC student-athletes or affiliated individuals must be preapproved by both the Compliance Office and the appropriate head coach.  If approved, a member of the Compliance Office must be present for any in-person meeting or phone call with a UNC student-athlete or affiliated individual.  Similarly, any non-verbal communication or correspondence of any kind intended for a UNC student-athlete or affiliated individual must first be submitted to the Compliance Office for approval by both a Compliance Office representative and the appropriate head coach.  If approved, the Compliance Office will be responsible for provision of the non-verbal communication.  No form of contact or correspondence, verbal or otherwise, should ever take place with a UNC student-athlete or affiliated individual without the pre-approval and facilitation of the Compliance Office.

UNC says that the program will enable it to “provide information and structured communication for UNC student-athletes” and that it will “help them make an informed decision about their future representation.”  The rules have understandably received a poor reception from people in the business of sports.

“Whatever happened to the First Amendment and right of free speech?,” said a prominent agent who has done business at UNC in the past, to Sports Agent Blog.  “This is so far over the top it is crazy and ludicrous.  The players should be pissed, as well.”  Additionally, Yahoo! Sports reporter Rand Getlin tweeted, “Forgive me for laughing hysterically at the new UNC agent policy. Completely unenforceable.”

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.