COLORADO STATE UNIVERISTY GUIDELINES FOR AGENTS This guide has been developed by the Colorado State University Department of Athletics to educate individuals interested in representing Colorado State University (CSU) student-athletes in professional sports negotiations. All CSU coaches, administrators and student-athletes receive a copy of this guide, consisting of CSU policy, NCAA Bylaws, and Colorado statutes (Title 23, Chapter 16, 101-221: 23-16-101 to 23-16-221) regarding agents. Your compliance and cooperation to all three areas is required in order to receive assistance from the Department of Athletics. Due to the complexity of NCAA rules and Colorado statutes, this guide should not serve as the exclusive source concerning your activity. It is recommended by the Department of Athletics that you contact Shalini Shanker, Associate Athletic Director for Compliance, at (970) 491-6170 if you have any questions or to discuss the application of NCAA rules. COLORADO STATE UNIVERISTY REGULATIONS Institutional control of athletics is an essential requirement of NCAA legislation. The NCAA requires each institution to monitor its athletics program to ensure compliance with NCAA rules and regulations. All sports agents interested in representing CSU student-athletes must therefore adhere to the following institutional rules: 1. Agents must register with the Colorado State University Department of Athletics PRIOR TO contacting student-athletes. a. Complete and return the Agent Registration Form (http://col.st/1gpwujs) to: Shalini Shanker Associate Athletic Director for Compliance Colorado State University Compliance Office 304 McGraw Athletic Center Fort Collins, CO 80523-0120 b. The Compliance Office will determine whether to grant or deny the agent registration or to seek additional information from the applicant. Grounds for denial include, but are not limited to: i. Prior conduct of the applicant involving fraud, misrepresentation, embezzlement, misappropriation of funds, theft, or similar dishonest behavior; ii. Prior conduct of the applicant involving violations of a professional league, players association, state, NCAA, conference, or University rules regarding this policy; iii. False or misleading statements in the Agent Registration Form; or iv. Any other conduct the Compliance Office reasonably believes adversely affects the competence, credibility, or integrity of the applicant to serve as a student-athlete agent. 1
c. If registration is denied or revoked, CSU will take reasonable action to discourage contact between its student-athletes and the applicant concerning matters of agent representation. d. Upon approval, the agent will receive written notice of registration. The agent will then be considered a registered agent at CSU with the benefits and responsibilities of this policy. i. Registered agents are not endorsed or recommended by CSU and registration is not evidence of an agent s qualifications or abilities to represent studentathletes. The registered agent may not represent or hold out otherwise. ii. Acceptance or registration does not transfer liability to CSU for any acts by or conduct of the registered agent. e. An approved registration is only valid for the agent to whom it is issued. f. To maintain approval with CSU, agents must update and verify the accuracy of their registration EVERY TWO YEARS 2. Prior to recruiting each individual student-athlete, agents must notify the CSU Compliance Office. a. Send all correspondence to the Compliance Office in duplicate one copy will be kept on file in the agent s file and the other copy will be given to the student-athlete or held for a period of time determined by the student-athlete. b. Phone calls and text messaging to senior student-athletes are permitted once the Compliance Office has been informed of an agent s intent to recruit the specified student-athlete. c. In-person, off-campus contact is NOT allowed with the student-athlete or his/her family without first receiving permission from the CSU Compliance Office d. DO NOT ask for contact information for current student-athletes. The CSU Compliance Office will not share that information with the public. e. CSU will NOT host any Agent Days 3. Oversight a. The Athletics Compliance Office oversees the implementation and enforcement of this policy. If it is determined that (a) a violation of any part of this policy has occurred, or (b) an agent has been suspended or disciplined by any players association, sports league, state regulatory body, professional sports council, bar association, or other presiding entity, the Compliance Office may take one or more of the following actions: i. Issue an informal reprimand to be retained in the agent s file at CSU; ii. Issue a formal letter or reprimand; iii. Suspend the agent s registration for a period of time; 2
iv. Revoke the agent s registration; v. Notify the appropriate organization(s), entities, or individuals of the policy violation; and vi. Pursue any other appropriate action The decision of the CSU Compliance Office shall constitute a final disposition of the matter. b. If an agent s registration is revoked, CSU will take reasonable actions to discourage any contact between its student-athletes and the agent. Additionally, the appropriate organization(s), entities, or individuals will be notified of the decision to revoke registration. 4. Requirements Concerning an Agent s Conduct a. The Colorado State Department of Athletics main concern is for our student-athletes. Agents who wish to remain in good standing with CSU must: i. Assure the most effective representation possible in individual contract negotiations; ii. Avoid any conflict of interest which could potentially compromise the best interests of CSU s student-athlete; and iii. Avoid any involvement of CSU student-athletes in actions that could jeopardize their eligibility under NCAA rules. b. Agents shall be required to: i. Disclose, upon request, any and all information required by CSU and the State of Colorado; ii. Maintain the highest degree of integrity and competence in individual negotiations with professional sports teams or organizations; iii. Fully comply with all NCAA and Mountain West Conference rules; and iv. Fully comply with all applicable local, state, and federal laws c. Agents SHALL NOT: i. Give any materially false or misleading information or make a materially false promise or representation; ii. Furnish anything of value to a student-athlete before the student-athlete enters into an agency contract; iii. Furnish anything of value to a relative or friend of a student-athlete; iv. Use titles or business names implying the existence of professional credentials he or she does not actually possess; or v. Engage in unlawful conduct and/or other conduct which reflects adversely on his or her fitness as an agent, or jeopardizes the effective representation of CSU student-athletes. NCAA BYLAWS 12.3.1 GENERAL 3
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 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 if he or she (or his or her relatives or friends) accept transportation or other benefits from: 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 student-athlete in the marketing of his or her athletics ability or reputation and does not represent individuals in the student-athlete s sport. 12.2.5.1 NONBINDING AGREEMENT An individual who signs a contract or commitment that does not become binding until the professional organization s representative or agent also signs the document is ineligible, even if the contract remains unsigned by the other parties until after the student-athlete s eligibility is exhausted. COLORADO STATE STATUTES Colorado has adopted the Uniform Athlete Agents Act (UAAA), which governs the relations between student-athletes, athlete-agents, and educational institutions. The UAAA protects the interests of student-athletes and educational institutions by regulating the actions of athleteagents. 1. UAAA Requirements a. Disclosures: i. Agents shall disclose their relevant training, experience, and education ii. Agents shall disclose any history of criminal activity or crimes of moral turpitude or history of association with criminals iii. Agents shall disclose any administrative or judicial determinations of having made false or deceptive representations iv. Agents shall disclose any history of having their agent s license denied, suspended or revoked in any state 4
v. Agents shall disclose any history of being the cause of sanctions, suspensions, or declarations of ineligibility b. Agents are required to maintain executed contracts and specified records for five years c. Both the agent and the student-athlete are required to notify the athletic director of the affected institution, within 72 hours of or prior to the athlete s next scheduled athletic event, execution of an agent-athlete contract. d. The UAAA prohibits agents from providing materially false or misleading information or making a materially false promise or representation with the intent of inducing a student-athlete to enter into an agency contract. 2. UAAA Provisions a. Once issued a valid certificate of registration in one state, agents are able to cross-file the application in other states which have adopted the UAAA. i. This simplifies regulatory compliance for agents and facilitates the ability of all jurisdictions to obtain dependable uniform information on an agent. b. The UAAA provides student-athletes the statutory right to cancel an agency contract within 14 days of its execution. c. The UAAA provides educational institutions the statutory right of action against an athlete-agent or former student-athlete for damages, including losses and expenses incurred as a result of the institution being penalized, disqualified, or suspended by an athletics association or conference, or as a result of reasonable self-imposed disciplinary actions to mitigate sanctions. Agents who wish to remain in good standing with CSU must comply with the requirements of the UAAA (http://col.st/1elfvhh) in addition to this policy. 5