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Friday, February 13, 2009
Courts - "N.C.A.A. Ban on Lawyers for Athletes Ruled Illegal "
Alan Schwarz reports today in the NY Times in a story that includes these quotes:
An Ohio court ruling on Thursday could markedly alter negotiations between Major League Baseball draft picks and their teams if it withstands appeal.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 N.C.A.A. responded in a statement: “We are disappointed in the judge’s ruling. The bylaws related to agent relationships are important principles our colleges and universities have established to protect and preserve amateurism standards. We intend to seek a review of the decision by a higher court, and we are hopeful these significant standards will be preserved.” * * *
Thursday’s ruling dealt with a narrow slice of the N.C.A.A. ban against agents that forbids a lawyer from being present during negotiations or having direct contact with a team. It did not speak to agents who were not lawyers, a distinction that now begs clarification.
“We haven’t seen the end of this,” said Tom Reich, a player agent for almost 40 years. “A guy should be allowed to have protection. He may not know the implications of different clauses and things. He may commit to things without full knowledge or full disclosure. People have lawyers for that reason. But what’s the difference between an attorney and an agent? That has to be examined.”
It also remains to be seen how far the ruling will reach. Although Tone wrote that the overturned attorney restriction was “against the public policy of the State of Ohio as well as all states within this Union,” it was unclear what effect it could or would have on players in other states.
The judge also sternly rebuked an N.C.A.A. rule which could penalize a university or a student for complying with the terms of a court injunction if that injunction was later reversed on appeal.
“Student-athletes must have their opportunity to access the court system without fear of punitive actions being garnered against themselves or their institutions and teams of which they belong,” Tone wrote, adding that the rule “takes the rule of law as governed by the courts in this nation and gives it to an unincorporated business association.”
Posted by Marcia Oddi on February 13, 2009 08:37 AM
Posted to Courts in general