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NCAA panel recommends broader definition of agent
An NCAA panel has proposed broadening the definition of agents in a move aimed at closing the loophole that allowed Heisman Trophy winner Cam Newton to keep playing despite his father's pay-for-play scheme -- and puzzled many across college athletics.
The Division I Amateurism Cabinet is sponsoring legislation that would include family members and other third parties who shop an athlete's services to schools for financial gain, the NCAA announced Tuesday on its Web site.
The NCAA determined that Cecil Newton -- Cam's father -- sought money from Mississippi State when Cam Newton was being recruited out of junior college. The quarterback signed with Auburn and was deemed eligible after a one-day suspension when the NCAA's reinstatement staff found he didn't know about the pay-for-play scheme. ...
The Division I Leadership Council will review the new proposal at its meeting on Aug. 2.
If passed, the legislation would cover people marketing athletes to colleges, not just professional teams, for profit.
According to the news release, the panel's proposal would define as agents anyone who represents or attempts to represent a current athlete or prospect in marketing them for financial gain, or seeks money or other benefit for steering a prospect to a school or from the athlete's potential earnings during a professional career.
The new definition would include certified contract advisors, financial advisors, marketing representatives, brand managers or anyone employed by or associated with such individuals.
...
Nebraska NCAA faculty representative Josephine Potuto said the new regulations would make others subject to the same rules that apply to someone currently designated as an agent.
"It's broader than Cam Newton,'' said Potuto, a former chair of the NCAA's Committee on Infractions. "Cam Newton is one of the reasons for it but it's broader than that because there are other situations in which third parties are interceding with regard to prospects or student-athletes. If you're a booster, then you're covered by NCAA legislation with regard to contact with prospects or giving prospects money or giving extra benefits to athletes. If you're defined as an agent, you're covered by NCAA legislation. But there is a whole category of people who do not have an association with a particular institution but are involved with prospects or student-athletes.''
Cont'd ...
BB73;1959968; said:Proposed changes in legislation would close the 'parent' loophole that kept the NCAA from making Cam permanently ineligible last year.
SI.com
According to the news release, the panel's proposal would define as agents anyone who represents or attempts to represent a current athlete or prospect in marketing them for financial gain, or seeks money or other benefit for steering a prospect to a school or from the athlete's potential earnings during a professional career.
Gatorubet;1961130; said:I guess they would still have to see some knowledge that the player condoned the action. If some ass-wipe absentee parent tries to shop the kid, it should not result in the kid being ineligible or the school that is offered being punished. So you still have to link the kid and his consent to be represented with the person shopping him. Tough to craft in a way that meets due process if you do not do it, and if the kid and dad says "The kid did not know", I can't see how you can kick him out for the actions of a third party over which he had no control and which he did not condone or ratify.
Gatorubet;1961130; said:I guess they would still have to see some knowledge that the player condoned the action. If some ass-wipe absentee parent tries to shop the kid, it should not result in the kid being ineligible or the school that is offered being punished. So you still have to link the kid and his consent to be represented with the person shopping him. Tough to craft in a way that meets due process if you do not do it, and if the kid and dad says "The kid did not know", I can't see how you can kick him out for the actions of a third party over which he had no control and which he did not condone or ratify.
BB73;1959968; said:Proposed changes in legislation would close the 'parent' loophole that kept the NCAA from making Cam permanently ineligible last year.
SI.com
neilmj;1961224; said:If there was a 'parent' loophole and what went down really was "legal", then props to Mr. Netwon. Don't hate the player hate the game.
Don't loathe the player, loathe the game.brodybuck21;1961263; said:not a shot at you personally but man i LOATHE this statement
Buckeyeskickbuttocks;1961265; said:Don't loathe the player, loathe the game.
brodybuck21;1961263; said:not a shot at you personally but man i LOATHE this statement
When the smoke clears, a scholarship is a contract between the kid and the Institution. While the kid can break it, I have a hard time seeing how some third party without agency/mandate can make the kid breach the K by their separate actions - unless they are approved by the kid or he ratifies it by sharing in the $$.scooter1369;1961132; said:Sure you can. And then that person has to answer to the player as to why he derailed his career.
As of today, I am now representing every player in Florida. If you want one, send your money to my offshore account.
jlb1705;1961182; said:See folks, this is how the NCAA works - Somebody in the SEC takes advantage of a loophole or a simple bylaw so egregiously that the NCAA is left with no choice to amend the rules to try to cover the loopholes. Decades of this stuff by the Alabamas and Auburns of the world have turned what I'm sure was once a simple code of conduct into today's byzantine mess. Here's how this is timeline is going to play out:
To me, this is what make the NCAA so backwards. The bylaws that they really need are never on the books until after they are really needed. The people who are being governed by the bylaws are far more creative than the legislators or enforcement staff.
- Auburn takes advantage of loophole.
- NCAA makes rules more complicated to try to close the loophole.
- Non-SEC school head coach buys a parent a can of Diet Coke.
- SI cover story.
Imagine that our country didn't decide it needed a law against murder until somebody realized they could go out and slaughter (I don't know, let's say...) 180,000 people and not get in trouble. That guy gets away with it, they finally pass a law making it illiegal and the first person that gets convicted is somebody how guns down a home intruder. That's what the legislation and enforcement process looks like to me, and that's what really needs reformed - even more than the rule book itself.