University of Louisville Compliance - Professional Drafts
April 09, 2001 | General
Professional Drafts
Inquiry
An individual may inquire of a professional sports organization about eligibility for a professional league player draft or request information about the individual's market value without affecting his or her amateur status.
Draft List
Subsequent to initial full-time enrollment, an individual loses amateur status in a particular sport when the individual asks to be placed on the draft list or supplemental draft list of a professional league in that sport, even though (NCAA Bylaw 12.2.4.2):
- The individual asks that his or her name be withdrawn from the draft list prior to the actual draft.
- The individual's name remains on the list but he or she is not drafted.
- The individual is drafted but does not sign an agreement with any professional athletics team.
The exception is the Professional Basketball Draft. A student-athlete in the sport of basketball may enter a professional league's draft one time during his or her collegiate career without jeopardizing eligibility in that sport, provided the student-athlete declares his or her intention to resume intercollegiate participation within 30 days after the draft. Also, the student-athlete may not enter into any written or oral agreement with an agent. The student-athlete's declaration of intent shall be in writing to the institution's director of athletics (NCAA Bylaw 12.2.4.2.1).
Negotiations
An individual may request information about professional market value without affecting his or her amateur status. Further, the individual, his or her legal guardians or the institution's professional sports counseling panel may enter into negotiations with a professional sports organization without the loss of the individual's amateur status. An individual who retains the services of an agent shall lose amateur status (NCAA Bylaw 12.2.4.3)
Securing Legal Counsel
Securing advice from a lawyer concerning a proposed professional sports contract shall not be considered contracting for representation by an agent under this rule, unless the lawyer also represents the student-athlete in negotiations for such a contract (NCAA Bylaw 12.3.2).
Presence of Lawyer at Negotiations
A lawyer may not be present during discussions of a contract offer with a professional sports 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 discussion is considered representation by an agent (NCAA Bylaw 12.3.2.1).
