A Crash Course in "Testing the Waters"

Apr 17, 2006, 12:17 am
Jonathan Givony
On March 20th, the NCAA (specifically the Agent, Gambling and Amateurism Activities division) released a four page memorandum to every Division I college in America with information regarding the 2007 NBA draft, agents, and tryouts; from an intercollegiate eligibility perspective. DraftExpress received a copy of this memo for the second consecutive year, and as a media outlet dedicated to providing complete coverage of the NBA draft, is publishing it, as well as our own commentary on it's implications, in order to urge public discussion about the meaning of this policy and how it affects the NCAA and NBA draft process.

Here is a photo of the first page of the memorandum, followed by its complete text.

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TO: Men's Basketball Student-Athletes with Remaining Eligibility.

FROM: Rachel Newman Baker
Director of Agent, Gambling and Amateurism Activities

Steve Mallonee
Managing Director of Membership Services/Division I Governance Liaison

SUBJECT: Information Regarding the 2007 NBA Draft, Agents, and Tryouts.


We understand that you may have remaining intercollegiate eligibility, but may also have a desire to "test the waters" as it relates to your pursuit of a potential professional basketball career. You will attempt to gauge your readiness for competition at the next level through a variety of methods, including tryouts with professional teams and you will undoubtedly rely on a number of individuals to assist in the decision-making process.

At the end of this process, you may in fact reach the conclusion that it is not in the best interest to pursue a professional career at this time, but rather to continue athletics participation at the intercollegiate level while pursuing your academic degree.

Involvement in activities during this process can affect your intercollegiate eligibility. The following information is designed to help you protect your eligibility while you "test the waters."

Five Points to Remember:

You will lose your eligibility IF:

1. You agree orally or in writing to be represented by an agent or any individual acting on behalf of the agent [e.g., runner].
2. You accept any benefits from an agent, a prospective agent or any individual acting on behalf of the agent [e.g., runner].
3. If you do not pay for all expenses in conjunction with a professional team tryout as they are incurred.
4. If you tryout with a professional team during the academic year.
5. If you enter the draft AND are drafted by a professional team.

Key Dates:

Portsmouth Invitational Tournament (Portsmouth, Virginia): April 4-7, 2007
Early-Entry Candidate Application Deadline: April 29, 2007
NBA Pre-Draft Camp (Lake Buena Vista, Florida): May 29-June 4, 2007
NBA teams can attend and host workouts involving draft eligible players: June 5-28, 2007
Early-Entry Withdrawal Deadline: June 18, 2007
NBA Draft (New York, New York): June 28, 2007


Frequently Asked Questions:

1. Am I allowed to enter the NBA draft early?

YES! You may enter a professional basketball league's draft one time during your collegiate career without jeopardizing your eligibility, provided you are not drafted by any team and you declare your intention to resume intercollegiate participation within 30 days after the draft. This declaration must be in writing to your director of athletics.

2. Am I allowed to participate in the NBA pre-draft camp in June?

YES! If you are invited, you may attend the pre-draft camp and accept actual and necessary expenses from the NBA to participate in the NBA pre-draft camp.

3. Can I participate in private workouts/tryouts with NBA teams if school is still in session?

NO! You may not tryout with an NBA team during the academic year if you are enrolled full-time. You may tryout with an NBA team during the summer.

4. Can my college coach arrange and schedule a professional team workout/tryout on or off campus during the academic year?

NO! It would not be permissible for a student-athlete institutional coach to organize and be present during a professional tryout that occurs on or off campus.

5. Can NBA teams pay for my private workouts/tryouts?

NO! In order to be able to participate in the tryout, you must pay for all expenses to attend the tryout (as they are incurred) on your own. It is not permissible for the NBA team to initially pay for the expenses for you with the condition that you would repay the NBA team after the tryout.

6. Can any other individual (e.g., agent, runner, or "advisor") pay for my private workouts/tryouts with NBA teams?

NO! You and your family are responsible for paying all expenses associated with any NBA team tryouts as they are incurred.

7. How do I withdraw my name from the draft?

The NBA has requested that all underclassmen who submitted their early-entry declaration need to submit a written statement by 5 p.m. Eastern time, June 18, 2007, indicating the following:

"I, {Student-Athlete, of name of NCAA college/university}, officially notify the NBA of my request to withdraw my name from consideration in the 2007 NBA Draft." In addition to the above information, please include contact information and date of submission.

This written statement can be faxed to:

Mr. David Stern
Commissioner National Basketball Association
Attention: Erika Ruiz
645 5th Avenue
Facsimile: primary fax: XXX/XXX-XXXX or secondary fax: XXX/XXX-XXXX
New York, New York 10022

Contact Erika Ruiz at the NBA offices directly if you have further questions at XXX/XXX-XXXX .


8. What is an "agent" according to NCAA rules?

An individual would be considered an "agent" if the individual markets your basketball skills to any NBA team or other professional teams (e.g., contact NBA teams to discuss your skills, set up tryouts with NBA teams).

9. Am I allowed to have any type of agreement with an agent?

NO! You are not permitted to have a written or oral agreement with an agent, or anyone who is employed by or acting on behalf of an agent or sports agency (i.e., "runner").

10. What is an "oral agreement" with an agent?

An oral agreement occurs if you verbally agree to have an agent perform any services (e.g., providing any expenses related to tryouts, arranging disability insurance, etc.) on your behalf OR you have knowledge that an agent is performing such services.

11. Is an agent allowed to contact teams on my behalf to arrange private workouts or tryouts?

NO! You cannot have an agent arrange a private workout/tryout with an NBA team.

12. Can my family members or other individuals who are associated with me as a result of playing basketball (e.g., high school coach, summer basketball coach, etc.) have an agreement with an agent to perform services on my behalf?

NO! Family members and other individuals are not permitted to enter into any agreements with an agent on your behalf.

13. Am I allowed to have an agreement with an agent if it is for future representation?

NO! You are not permitted to agree to a future representation agreement with an agent.

14. Is an agent allowed to provide me any benefits?

NO! You, your family, or your friends are not permitted to receive any benefits from an agent. Examples of material benefits include money, transportation, dinner, clothes, cell phones, jewelry, etc. However, benefits may also include, but are not limited to, activities such as tryout arrangements with a professional team and coordinating tryout schedules.

15. Am I permitted to have an advisor during this process?

YES, provided the advisor does not market you to NBA teams. However, an advisor will be considered an agent if they contact teams on your behalf to arrange private workouts or tryouts.

16. Can an institution cancel my athletics scholarship if I have an agreement with an agent?

YES! An institution is permitted to rescind your athletics scholarship if you have an agreement with an agent.

Helpful Tips:

• You should keep your head coach and compliance coordinator informed of all activities during this process.

• Be careful who you associate with during this process. Do it all yourself or work through your head coach. You may receive the assistance of your family members, provided they are not working with any individual who is marketing your athletics ability (e.g., contacting NBA teams, setting up tryouts with NBA teams).

• If you do not have knowledge of who arranged your tryout, you have a responsibility to find out who did.

• The NBA has a committee of general managers who will provide a confidential projection evaluation of a potential draftee's likely draft position. The committee is overseen by Stu Jackson of the NBA. If you are interested in obtaining a draft projection from the committee, please contact Ned Cohen with the NBA at XXX/XXX-XXXX..

• You should remain in school and complete your academic courses while you "test the waters."

• If you have questions regarding this information, please contact the NCAA agent, gambling, and amateurism activities staff at 317/917-6866 or rnewman@ncaa.org.

SIGNATURE:

Please sign your name and date below, which confirms that you have reviewed and understand this form and the information contained therein. I understand that if I am found to be in violation of the provisions of any of the information mentioned above, I may be declared ineligible for further intercollegiate competition.



Student-Athlete Signature ______________________________
Date ______________________________


Printed Name ______________________________
Institution ____________________________

Head Coach ______________________________
Date ______________________________

Compliance Officer ______________________________ Date ______________________________

The National Collegiate Athletic Association
March 20, 2007 RNB/AC/SM:esb