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Compliance

 

Athlete-Agent and Advisor Program

A brief note to prospective agents and advisors:

The Baylor Compliance Office believes that the majority of those engaged in representing professional athletes provide valuable services to their clients.  We have no intention of being a barrier between our student-athletes and those who can eventually provide valuable services to them.  But in an effort for all involved parties to abide by Texas state law and NCAA rules and to allow our student-athletes to focus on their academic and athletic pursuits, the Baylor Compliance Office adopts the following policy.

I. Purpose:

II. Philosophy:

III. Applicability: This policy applies to all Baylor student-athletes and all athlete-agents and advisors who wish to recruit or contact Baylor student-           athletes or their families. 

IV. Required Baylor Compliance Office Forms and Documents:

V. NCAA Bylaws:

12.02 DEFINITIONS AND APPLICATIONS.

12.02.1 Agent.  An agent is any individual who, directly or indirectly:

(a) Represents or attempts to represent an individual for the purpose of marketing his or her athletics ability or reputation for financial gain; or
(b) Seeks to obtain any type of financial gain or benefit from securing a prospective student-athlete's enrollment at an educational institution or from a student-athlete's potential earnings as a professional athlete.

12.02.1.1 Application. An agent may include, but is not limited to, a certified contract advisor, financial advisor, marketing representative, brand manager or anyone who is employed or associated with such persons.

12.3 USE OF AGENTS.

12.3.1 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. 

12.3.1.1 Representation for Future Negotiations.  An individual shall be ineligible per Bylaw 12.3.1 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.

12.3.1.2 Benefits from Prospective Agents.  An individual shall be ineligible per Bylaw 12.3.1 if he or she (or his or her relatives or friends) accepts transportation or other benefits from:

(a) Any person who represents any 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; or

(b) 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.         

*Not intended to be exhaustive; involved parties should familiarize themselves with relevant and applicable NCAA bylaws.

VI. Texas Law Provisions*: The Texas Athlete Agents Act (Chapter 2051, Occupations Code) includes the following provisions:

* Not intended to be exhaustive; involved parties should familiarize themselves with relevant and applicable Texas law.

VII. Baylor Guidelines: In addition to the above NCAA bylaws and Texas law provisions, Baylor adopts the following:

  1. Baylor adopts the NCAA definition of "agent" and the State of Texas definition of "athlete-agent" as applicable to all references to "athlete-agent" in Baylor's guidelines.  Thus, "advisors" (including financial advisors, marketing advisors, marketing representatives, draft advisors, insurance brokers, digital media advisors, brand managers, and anyone employed by or associated with those individuals) shall follow the same guidelines and be held to the same standards as athlete-agents.
  2. Baylor adopts the Secretary of State definition of "athlete" for "student-athlete" in these guidelines.
  3. Contact and meetings between athlete-agents and student-athletes and/or their families:

     4. Written materials:

     5. Interview period:

6. When athlete-agents meet with student-athletes, they are forbidden from giving individualized, personal projections including projections on salary based on anticipated draft status and individual earnings from marketing.  The discussion in such meetings is limited to services provided by the firm, background information on the firm and its employees, and information about previous clients (e.g., references). 

7. Athletics Department staff members shall NOT have contact with athlete-agents or their representatives on behalf of or to discuss any current student-athletes unless the Compliance Office approves other than when a head coach contacts an athlete-agent, professional sports team, or professional sports organization on behalf of a student-athlete and no compensation is received for such services.  Athletics Department staff members will not provide contact information of a student-athlete or his/her family members.

8. Without approval by the Compliance Office, athlete-agents may not travel with or be included as guests in any activities in which student-athletes are present.  Athlete-agents may purchase tickets to athletic events in the same manner as any other members of the general public.  In order to enforce this provision, the Compliance Office will review guest lists.  Without approval by the Compliance Office, the institution shall not issue to an athlete-agent regular season or postseason game credentials in any sport that provides the individual with access to the sideline, locker rooms, or any area where contact with a student-athlete is possible. 

9. When an athlete-agent breaches protocol with the above, results include:
     i. No responsibility of Baylor to respond to any inquiries by the agent;
     ii. Possible notification to the athlete-agent of her or his violation;
     iii. Possible exclusion from the interview process; and
     iv. Possible notification to the Texas Secretary of State and/or the athlete-agent's professional certifying body of the breach.

10. Student-athletes who do not abide by the policies of the Compliance Office may be subject to discipline. 

 11. Athlete-agents shall update the Compliance Office regarding changes in contact information in writing.

Useful Links:

Any questions regarding this policy or compliance with Texas law or NCAA rules should be addressed to:

Josh Lens
Baylor Athletics
1500 S. University Parks Dr.
Waco, TX  76706
Phone: 254-710-3893
Fax: 254-710-1527
joshua_lens@baylor.edu

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