Abilene Christian University Athletics

I) PURPOSE:

This policy outlines the Student-Athlete Agent Policy for all student-athletes at Abilene Christian University in order to meet the laws of the State of Texas and NCAA Division II Bylaw 12.3.

II) PHILOSOPHY:

The policies and procedures described below are designed to meet the laws of the State of Texas, the rules of the NCAA and to provide both the student-athlete and the agents with some specific guidelines to follow.  This insures that the eligibility of Abilene Christian’s student-athletes is protected and serves the needs of both agents and student-athletes.

III)  APPLICABLITY:

This policy is applicable to all student-athletes at Abilene Christian University and to all agents who want to interview Abilene Christian student-athletes.  Abilene Christian University requires student-athletes and agents to adhere to these guidelines in the interview process.

IV)  USE OF AGENTS:

A. General Rule.  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.  Further, an agency contract not specifically limited in writing to a sport or particular sports shall be deemed applicable to all sports, and the individual shall be ineligible to participate in any sport (NCAA Division II Bylaw 12.3.1).

1) All contact and meeting with a student-athlete MUST be initiated through the Compliance and Student-Athlete Services Office.
2) All athlete agents may send written materials to a student-athlete ONLY if the Compliance and Student-Athlete Services Office is provided with a copy of the materials and the athlete agent is registered with the state of Texas.
3) Athlete Agents CANNOT initiate contact with a student-athlete or his/her parents/guardians in order to set up a meeting with them.  The student-athlete or parent/guardian must contact the athlete agent to request a meeting.  The Compliance and Student-Athlete Services Office MUST be notified before the meeting takes place.
4) An individual shall be ineligible if he or she enters into a verbal or written agreement with an agent for representation in future professional sports negotiations that are to take place after the individual has completed his or her eligibility in that sport (NCAA Division II Bylaw 12.3.1.1).
5) An individual shall be ineligible if he or she (or his or her relatives or friends) accepts transportation or other benefits from any person who wishes to represent the individual in the marketing of his or her athletics ability.  The receipt of such expenses constitutes compensation based on athletics skill and is an extra benefit not available to the student body in general (NCAA Division II Bylaw 12.3.1.2).

B. Legal Counsel.  Securing advice from a lawyer concerning a proposed professional sports contract shall not be considered contracting for representation by an agent unless the lawyer also represents the student-athlete in negotiations for such a contract.

1) A lawyer may not be present during discussions of a contract offer with a professional organization or have any direct contact (i.e., in person, by telephone or by mail) with a professional sports organization on behalf of the student-athlete.  A lawyer’s presence during such discussions is considered representation by an agent (NCAA Division II Bylaw 12.3.2.1).

C. Athletics Scholarship Agent.  Any individual, agency or organization that represents a prospective student-athlete for compensation in placing the prospect in a collegiate institution as a recipient of institutional financial aid shall be considered an agent or organization marketing the individual’s athletics ability or reputation.

1) A prospect may allow a scouting service or agent to distribute personal information (e.g., high school academic and athletics records, physical statistics) to member institutions without jeopardizing his or her eligibility, provided the fee paid to such an agent is not based on placing the prospect in a collegiate institution as a recipient of institutional financial aid (NCAA Division II Bylaw 12.3.3.1)

V) TEXAS STATE LAW

A. The Texas state law requires that athlete agent interviews be conducted during a period of not more than 30 consecutive business days.  The interviews must be held during the off-season training period before the completion of the student-athlete’s final year of eligibility.
Scheduling of Interviews.  Abilene Christian University has designated the interview periods for football and basketball as listed below.  In order to conduct an interview, the athlete agent must contact the Assistant Athletic Director for Compliance for permission to contact the student-athlete.

1) Interviews for football and basketball may be held for 30 consecutive business days immediately following the last date of  competition preceding the athlete’s final year of eligibility.

2) Interviews for all other sports (baseball, golf, tennis, track, soccer, softball, and volleyball), please contact the Compliance Office.

B. Location of Interviews.  Interviews may be conducted at the Teague Special Events Center on the campus of Abilene Christian University only after proper contact with the ACU Compliance Office.

VI) IMPLEMENTATION STANDARDS

The Assistant Athletic Director for Compliance will submit this policy to Abilene Christian University’s Director of Athletics and President for approval.  Upon recommendation for adoption by the University’s Director of Athletics and President the policy shall be filed with the Secretary of State within 30 days of approval.

A. Annual Review.  An  annual review of the policy shall be conducted and any amendments to the policy will be recommended for adoption by the Director of Athletics and President, and the amended policy will be filed with the Secretary of State within 30 days form the date of approval.
B. The Assistant Athletic Director for Compliance shall organize and supervise the student-athlete/agent interview policy to ensure the compliance of the student-athletes/agents with the State of Texas Athlete Agents Act and the rules adopted under the Act.
C. Upon request the Assistant Athletic Director for Compliance will provide the student-athletes and the registered agents with a copy of this policy and other athlete agent documents that may assist student athletes.
D. Barry Pupella, Assistant Athletic Director for Compliance, is designated as compliance coordinator for Abilene Christian University.  Any questions regarding the policy or compliance with the Athlete Agents Act should be addressed to:

            Barry Pupella, Assistant Athletic Director for Compliance
            Abilene Christian University
            ACU Box 27916
            Abilene, Texas 79699
            (325) 674-2330
            barry.pupella@acu.edu