NCAA ban regarding amateurs' "advisors" is struck down

by Adam J. Morris on Feb 13, 2009 11:02 AM CST

A judge in Ohio has struck down an NCAA rule banning amateurs from having advisors who negotiate directly with major league clubs:

Erie County Judge Tygh M. Tone ruled that an N.C.A.A. rule, which renders a student-athlete ineligible for collegiate competition if he or she has a lawyer present during contract negotiations, was illegal because it interfered with an athlete’s right to legal representation.

Tone called the ban “arbitrary and capricious.”

The rule was being contested by Oklahoma State pitcher Andrew Oliver, who was declared ineligible by university officials last May after Oliver’s status became an issue with the N.C.A.A. Oliver, after being drafted out high school, had his lawyer present at negotiations with the Minnesota Twins.

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Baseball draft picks and teams have danced around the rule regarding agents ever since representatives started working with draft picks in the late 1970s. Agents and club officials routinely discuss contract terms for players in varying levels of detail, whether in person, on the phone or via fax and e-mail. In one instance, as negotiations between club officials and a player’s family took place in a hotel room, an agent had an associate listen with a glass up against the wall of an adjoining room.

The whole weird grey area about agents and amateur players has always been weird to me, and this ruling seems to just make sense.

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Good

a step in the right direction.

G G G E-flat_______ F F F D__________....

by t ball on Feb 13, 2009 11:07 AM CST reply actions

i still havent figured out who these colleges are protecting these kids from...

the olympics, the bastion of amateur athletics doesnt even hold players to that standard, in fact, i cant think of another organization that holds players to such obsolete standards. time is passing the NCAA by, and hopefully these kids all get whats coming to them b/c the ncaa has been profiting in the billions off of kids for decades and some day, the day will come when these kids are given the financial respect they deserve.

mormons stole me and held me against my will with Oklahoma beer and 12+ hour work days.

by Jayslick on Feb 13, 2009 11:19 AM CST reply actions

Excellent

The whole Oliver/Oklahoma St fiasco was horrific. It was like the NCAA arbitrarily picked him to make an example of, jeopardizing this poor kid’s career for doing something that every other good college player does.

Oliver should counter-sue the NCAA (he may be already) for strong-arming OSU and costing him eligibility.

by JBImaknee on Feb 13, 2009 11:55 AM CST reply actions

He already has

The judge’s ruling struck down the “representation” and “restitution” bylaws, and reinstated Oliver’s eligibility immediately. All the other portions of Oliver’s case, including pursuit of punitive damages, will be continued to the jury trial.

by Outworlder47 on Feb 13, 2009 3:31 PM CST up reply actions