Agent Policies - UNO Athletics

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UNIVERSITY OF NEBRASKA OMAHA
ATHLETIC AGENT POLICY
The University of Nebraska Omaha (“UNO”) strives to create a positive, receptive and
educational environment for athletic agents and student-athletes. This policy is intended to
assist the University in: (1) monitoring athletic agents (including, but not limited to certified
contract advisors, runners, financial advisors, marketing representatives and brand managers)
who seek to initiate contact with student-athletes, (2) facilitate cooperation between the
University and those agents who adhere to Nebraska law, NCAA, Summit League, and National
Collegiate Hockey Conference (“NCHC”) regulations and the guidelines set forth herein, and (3)
provide information and education to student-athletes and their families regarding sports
agent-related issues.
Under NCAA Bylaw 12.3, a student-athlete (any individual who currently participates in or who
may be eligible in the future to participate in intercollegiate sport) may not agree verbally or in
writing to be represented by an athlete agent in the present or in the future for the purpose of
marketing the student-athlete's ability or reputation. If the student-athlete enters into such an
agreement, the student-athlete is ineligible for intercollegiate competition.
Also, a student-athlete may not accept transportation or other benefits from an athlete agent.
This prohibition applies to the student-athlete and his or her relatives or friends.
The term "agent" includes actual agents, runners (individuals who befriend student-athletes
and frequently distribute impermissible benefits) and financial advisors.
The following is an overview of guidelines established for all athletic agents seeking to have
contact with UNO student-athletes.
A. Registration
All Athletic Agents interested in contacting or representing a student-athlete must be
registered with the following 3 (three) entities:
1. Nebraska Secretary of State
A complete Application for registration of Athlete Agent must be filed with the Secretary of
State’s Office. The Nebraska Athlete Agent Disclosure Statement can be downloaded from the
Nebraska Secretary of State website:
http://www.sos.ne.gov/licensing/athleteagents.html?DB_OEM_ID=100
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All agent’s operating in Nebraska must comply with the Athlete Agents Statutes. They
can be found: http://www.sos.ne.gov/licensing/ahtlete/statutes.html. Of note but not limited
to, the agent must notify the Athletic Director, which can be done through Athletic Compliance
Office, within 72 hours after entering into an agency contract with any student-athlete enrolled
in the University. (Neb 48-2611). Also of note, the Prohibited conduct statute for athletes’
agents, Neb 48-2614, which states that agents may not mislead or make false promises to a
student-athlete among other things.
2. University of Nebraska Omaha’s Athletic Compliance Office
A University of Nebraska Omaha’s Agent Registration form must be completed and returned
to the University’s Athletic Compliance Office. The UNO Agent Registration form can be
downloaded from the UNO website:
http://www.omavs.com/ViewArticle.dbml?&DB_OEM_ID=31400&ATCLID=208891060
Once registered with the Athletic Compliance Office, the Director of Compliance will reissue
the Athlete Agent Policy annually and request updated information on the application where it
applies.
3. Professional Sports Organization Requirements
a. Men’s Ice Hockey Contract Agents
All men’s ice hockey athletic agents must be registered and in good standing
with the NHL Players Association (NHLPA) as a player agent.
b. Baseball Contract Agents
All baseball athletic agents must be registered and in good standing with the
MLB Players Association (MLBPA) as a player agent.
c. Men’s Basketball Contract Agents
All men’s basketball athletic agents must be registered and in good standing with
the NBA Players Association (NBPA) as a player agent.
d. Women’s Basketball Contract Agents
All women’s basketball athletic agents must be registered and in good standing
with the WNBA Players Association (WNBPA) as a player agent.
e. Men’s Soccer Contract Agents
All men’s soccer player athletic agents must be registered and in good standing
with the Major League Soccer Players Union (MLSPU) as a player agent.
B. Contact
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All athletic agents registered with the University’s Athletic Compliance Office are permitted
to have contact with UNO student-athletes in accordance with NCAA regulations and Nebraska
law. UNO requests that any agent (including any person acting on the agent’s behalf, or with
the agent’s knowledge) who desires to contact a student-athlete for the first time to notify the
Athletic Compliance Office in advance of any contact. It is advised that all athletic agents
adhere to their respective, governing players’ association guidelines pertaining to contact with
student-athletes.
For purposes of this policy, contact includes both direct and indirect contact including, but not
limited to face-to-face interaction, written communication, cellular communication, and
communication through social media channels (i.e., Facebook and Twitter)
C. Provision of Registered Agent Information to Student-Athletes
Those agents who adhere to the registration, contact and notification guidelines of this
policy have the opportunity to have their names appear on a sport-specific agent list to be
published by UNO and provided to student-athletes and their parents. As a supplement to
these lists, agents will be afforded the opportunity to provide a list of clients, as well as
statements of recommendation and/or support from their clients. In addition, listed agents may
be provided with an opportunity to participate in informational and educational sessions
provided for our student-athletes and their parents.
D. Athletic Agent Interviews
The Athletic Compliance Office will facilitate and/or provide student-athletes and their
families with an opportunity to interview registered athletic agents in either a group or
individual setting at the request of a student-athlete.
E. Education Sessions
UNO’s Athletic Compliance Office will facilitate and/or provide one-on-one and group
sessions for Student-athletes to learn about agent-related issues at their request. These
sessions will provide student-athletes and their parents with an opportunity to learn from
various individuals, including registered agents, former student-athletes and the parents of
former student-athletes in order to make better informed decisions regarding their professional
athletics careers.
F. Athletic Agent “Disciplinary” Information and Reporting
UNO will also maintain a sport-specific list of agents who have been the subject of any
governmental, NCAA, Summit League, NCHC, professional sports organization or players’
association disciplinary action pertaining to athletic agent-related issues. The information
contained in this list will be made available to student-athletes and their parents. UNO reserves
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the right to report any violation of state law, NCAA Bylaws, or the rules/policies of any
professional sports organization or players’ association to such authorities for any and all
appropriate disciplinary action for the involved agent.
A working knowledge of NCAA rules is crucial to advising a student-athlete. An agent seeking to
advise UNO Student-Athletes should understand relevant bylaws and question the Athletic
Compliance Office on any issues they are unclear with. Some relevant bylaws are as follows
(note: this does not mean these are the only bylaws pertinent to advising or seeking an agency
contract with a student-athlete)
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: (Revised: 1/14/97)
(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 studentathlete in the marketing of his or her athletics ability or reputation and does not represent individuals in the
student-athlete’s sport. (Adopted: 1/14/97)
12.3.1.3 Exception—Career Counseling and Internship/Job Placement Services. A studentathlete may use career counseling and internship/job placement services available exclusively to studentathletes, provided the student-athlete is not placed in a position in which the student-athlete uses his or her
athletics ability. (Adopted: 4/28/11)
12.3.2 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 individual in negotiations for such a contract.
12.3.2.1 Presence of a Lawyer at Negotiations. A lawyer may not be present during discussions of a
contract offer with a professional organization or have any direct contact (in person, by telephone or by mail)
with a professional sports organization on behalf of the individual. A lawyer’s presence during such
discussions is considered representation by an agent.
12.3.3 Athletics Scholarship Agent. Any individual, agency or organization that represents a
prospective student-athlete for compensation in placing the prospective student-athlete in a collegiate
institution as a recipient of institutional financial aid shall be considered an agent or organization marketing the
individual’s athletics ability or reputation.
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12.3.3.1 Talent Evaluation Services and Agents. A prospective student-athlete may allow a scouting
service or agent to distribute personal information (e.g., high school academics and athletics records, physical
statistics) to member institutions without jeopardizing his or her eligibility, provided the fee paid to such an
agent is not based on placing the prospective student-athlete in a collegiate institution as a recipient of
institutional financial aid.
12.3.4 Professional Sports Counseling Panel. It is permissible for an authorized institutional
professional sports counseling panel to:
(a) Advise a student-athlete about a future professional career;
(b) Assist a student-athlete with arrangements for securing a loan for the purpose of purchasing
insurance against a disabling injury or illness and with arrangements for purchasing such insurance; (Adopted:
1/16/93, Revised:1/16/10)
(c) Review a proposed professional sports contract;
(d) Meet with the student-athlete and representatives of professional teams;
(e) Communicate directly (e.g., in person, by mail or telephone) with representatives of a professional
athletics team to assist in securing a tryout with that team for a student-athlete; (Adopted: 1/11/94)
(f ) Assist the student-athlete in the selection of an agent by participating with the student-athlete in
interviews of agents, by reviewing written information player agents send to the student-athlete and by having
direct communication with those individuals who can comment about the abilities of an agent (e.g., other
agents, a professional league’s players association); and (Adopted: 1/11/94)
(g) Visit with player agents or representatives of professional athletics teams to assist the studentathlete in determining his or her market value (e.g., potential salary, draft status). (Adopted: 1/11/94)
12.3.4.1 Appointment by President or Chancellor. This panel shall consist of at least three persons
appointed by the institution’s president or chancellor (or his or her designated representative from outside the
athletics department). (Revised: 3/8/06)
12.3.4.2 Composition. The majority of panel members shall be full-time employees outside the institution’s
athletics department. Not more than one panel member may be an athletics department staff member. No
sports agent or any person employed by a sports agent or agency may be a member of the panel. All panel
members shall be identified to the NCAA national office. (Revised: 1/11/94, 1/10/05)
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