integrity
dedication
expertise
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The Major League Baseball first-year player draft is
scheduled every year in early June and many prospective
and enrolled student-athletes will be facing difficult
decisions in deciding whether to participate in collegiate or
professional baseball.
The following questions and answers have been developed
to assist the athletes, their parents, and NCAA schools in
the decision-making process.
(The following questions and answers have been formatted to apply
directly to an individual who has approaching the MLB Draft)
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Question No. 1: Before and after the draft, I have been
contacted by agents who wish to represent me. Can I reach
an agreement with an agent to represent me without
jeopardizing my eligibility at an NCAA school?
Answer: No. If you or your parents reach a verbal or written
agreement with an agent, this will jeopardize your eligibility
at an NCAA school.
Question No. 2: I have been told by some people that it is
permissible to have an advisor, but not an agent. Is this
true? If so, what is the difference between an advisor and
an agent?
Answer: You are correct. It is permissible to have an
advisor (but not an agent) without jeopardizing your
eligibility at an NCAA school. Under NCAA regulations, you
and your parents are permitted to receive advice from a
lawyer or other individual(s) concerning a proposed
professional sports contract, provided the advisor does not
represent you directly in negotiations for the contract. In
this regard, it is permissible for an advisor to discuss with
you the merits of a proposed contract and give you
suggestions on the type of offer you should consider.
In order to maintain your eligibility at an NCAA school,
however, you may not use the advisor as a link between you
and the professional sports team. Rather, you must view the
advisor as an extension of your own interests and not as a
source to contact a professional team. If you use the
advisor as a direct contact with a professional team, the
advisor shall be considered an agent, and you will have
jeopardized your eligibility at an NCAA school.
For example, an advisor may not be present during the
discussions of a contract offer with a professional team or
have any direct contact (e.g. in-person, by telephone, e-mail,
or mail) with the professional sports team on your behalf.
Finally, it is important to note that in order to maintain your
eligibility at an NCAA school, if you receive assistance from
an advisor, you will be required to pay that advisor at his or
her normal rate for such services.
Question No. 3: May I receive an benefits (e.g.,
transportation, meals) from an agent or advisor without
jeopardizing my NCAA eligibility?
Answer: No. You will be ineligible if you accept any
transportation or other benefits from any person who
wishes to represent you in the marketing of your athletic
ability. This rule does not prohibit you from having a meal
with someone who wishes to assist you in your negotiations,
provided you each pay for the actual cost of your meals and
arrange for transportation separately.
Question No. 4: Am I permitted to negotiate directly with a
professional sports team?
Answer: Yes. NCAA rules were changed in 1992 to allow you
and your parents or legal guardians to negotiate directly
with a major league team. If you currently attend an NCAA
school, you should contact your school's director of
athletics to learn whether your school sponsors
Professional Sports Counseling Panel, which is permitted to
counsel you on proposed professional contracts and meet
with representatives of professional teams.
Question No. 5: Am I permitted to reach any kind of
agreement for a contract with a major league team and still
retain my eligibility?
Answer: No. If you reach a written or verbal agreement for
any portion of the terms of a professional contract, you will
have jeopardized your eligibility at an NCAA school. No
matter how vigorously you may be persuaded that it is
permissible to reach a verbal agreement for the terms of a
contract, NCAA regulations do not permit you to reach a
verbal agreement for the terms of a contract.
Question No. 6: Can I accept any items of value from the
major league team that drafted me without jeopardizing my
NCAA eligibility?
Answer: No. The receipt of any items of value will
jeopardize your baseball eligibility at an NCAA school.
Question No. 7: What happens to my eligibility if a
professional team offers to fly me and my parents to its city
to watch a baseball game? Is the team permitted to take me
or my parents to dinner or entertain us in any other way?
Answer: In order for you to retain your NCAA eligibility, you
would not be permitted to receive any kind of entertainment
expenses from the professional team. This includes a
representative of the professional team purchasing a meal
for you or your parents or paying expenses for you to visit
the city of the major league team.
Question No 8: I have heard that I can receive an expense-
paid tryout to the city of a major league team. Is this true?
Answer: Yes, but only if you have not yet enrolled in a
collegiate institution (including a two-year college). In this
regard, NCAA rules do permit, prior to collegiate enrollment,
a student-athlete to receive an expense paid tryout with a
major league team, provided such a visit does not exceed
48 hours and any payment or compensation in connection
with the visit was not in excess of actual and necessary
expenses. Thus, you may receive an expense-paid visit
from a professional team, provided you participate in tryout
activities that allow that club to evaluate you. You may
receive such a visit prior to or subsequent to the Major
League Baseball draft. Additionally, you may try out at your
own expense with the team for any length of time, provided
you cease your tryout when you become a full-time student
at any NCAA school.
