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Wednesday, October 14, 2009

Law - Will NCAA repeal its rules prohibiting player agents/counsel?

In a July 26th story, Mark Alesia of the Indianapolis Star wrote:

But it's another pending case that, because of its effect on amateurism rules, "could unravel the way the NCAA operates entirely," said Gary Roberts, dean of the Indiana University School of Law-Indianapolis and an expert in sports law.

In February, an Ohio judge ruled in favor of then-Oklahoma State University pitcher Andy Oliver, striking down an NCAA rule prohibiting players from having agents, as Oliver did in high school.

The judge said the rule -- and an exception allowing players to consult with agents (but not have them negotiate with a pro team) -- "hinders representation by legal counsel" and is "fraught with ethical dilemmas."

The judge in the case also struck down a rule forcing schools to risk financial and other penalties if they don't immediately suspend players the NCAA says have violated a rule, even if there's a court injunction allowing the person to play.

Roberts has written that the NCAA rule is necessary. He argued that it's necessary to prevent cheaters from obtaining short-term injunctions to play in important games. Such injunctions, he wrote, would come from "local judges who often act out of partisan or parochial interests."

A jury trial to decide damages in the Oliver case is scheduled for October.

This afternoon the Star reports:
TOLEDO, Ohio -- The NCAA's settlement of a lawsuit challenging its policy barring athletes from using advisers during contract talks isn't ending debate about the rule.

The NCAA last week agreed to pay $750,000 to former Oklahoma State pitcher Andrew Oliver who sued after he was ruled ineligible for using legal advisers in negotiations with a big league club.
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Sports law experts say it was an unusual move for the NCAA, which rarely settles suits brought against it.

Gabe Feldman, director of the sports law program at Tulane University, thinks it could mean the NCAA plans to either eliminate or modify the rule on advisers.

Posted by Marcia Oddi on October 14, 2009 01:50 PM
Posted to General Law Related